DISTRICT COURT, GARFIELD (GLENWOOD SPRINGS) COUNTY, COLORADO
Court Address:
109 8th Street, Ste. 104, Glenwood Springs, CO, 81601

DATE FILED: February 9, 2017 3:43 PM
CASE NUMBER: 2016CW3128

In the Interest of: ASPEN, CITY OF

COURT USE ONLY
Case Number: 2016CW3128
Division: E
Courtroom:

Minute Order Re: Status Conference on 2/9/17

Joint initial status conf. in Case Nos. 16CW3128 and 16CW3129 held on 2/9/17. Ryan chambers ftr.
Appearances:
Atty Covell for appl City of Aspen;
Ops:
Attys Noto and Groves for American Rivers, Colo. Trout Unlimited, Roaring Fork Land & Cattle Co.;
Atty Makar for BOC of Pitkin County;
Atty Corona for Larsen Family LP (opposer in 16CW3128 only);
Atty DuBois for United States;
Atty Harris for Western Resource Advocates and Wilderness Workshop;
Atty Patrick for Double R Creek Limited (opposer in 16CW3129 only);
Atty Bazil for Asp Properties (opposer in 16CW3129 only);
Jana Miller from the Colorado Division of Water Resources;
Representatives from the City of Aspen;
Representative from Wilderness Workshop.
Atty Covell explains that the cases involve Aspen’s claim for diligence for water rights on Maroon Creek and Castle Creek.
The water rights involved were originally decreed in 1991 with 1965 appropriation dates. Appl plans on discussing the issues
in the cases with the opposers and the City plans on engaging in public outreach regarding these water rights.
Ops (American Rivers, Colo. Trout Unlimited, and Roaring Fork Land & Cattle Co.) have issues related to appl satisfying can
and will in a reasonable time, proving need for the water rights under the Pagosa Springs test, have questions about appl’s
intent to develop the rights, and are concerned about appl obtaining permits in the wilderness area.
Op (Pitkin County) shares the above stated concerns and is also concerned about the location of Castle Creek Reservoir
inundating a county road, whether appl can obtain a property interest to construct the reservoir, and the "other beneficial
uses" claimed for the rights.
Op (Larsen Family) is in the case to hold the appl to strict proof and has concerns regarding statements from Aspen
regarding the need for these water rights.
Op (United States) is concerned about the location of Castle Creek Reservoir, the inundation of forest service lands, and
appl’s ability to complete the appropriations within a reasonable time.

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 Ops (Western Resource Advocates and Wilderness Workshop) share the concerns described above.
Op (Double R Creek) has issues with the location of Castle Creek Reservoir, the inundation of land that it owns, and whether
the application is feasible in light of the value of the land that would be inundated.
Op (Asp Properties) is concerned with appl’s need for the water right and the location of Castle Creek Dam on its property.
After discussing the issues in the cases, the parties and Referee agree not to set any deadlines to circulate a proposed ruling
or to provide comments on the ruling. Appl will meet with each opposer to discuss issues and possible settlement over the
next three months.
Parties agree that the cases can remain on the Referee’s docket. Parties agree to waive their right to re-refer the cases until
the next status conference, but this will be revisited at the next status conference. The next status conference will be a joint
status conference.
Next TSC is May 9, 2017 at 10:00AM.
Appl shall provide notice of the next TSC.
Issue Date: 2/9/2017

SUSAN MICHELLE RYAN
Water Referee

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