CORONA
WATER LAW

Craig V. Corona, Esq.
420 E. Main St., Ste. 210B
Aspen, CO 81611
(970) 948-6523
cc@craigcoronalaw.com

Via E-Mail
SETTLEMENT COMMUNICATION PROTECTED UNDER C.R.E. RULE 408
May 8, 2017
Cynthia Covell, Esq.
Alperstein & Covell
1600 Broadway
Denver, CO 80202
cfc@alpersteincovell.com
Re:

City of Aspen Case No. 16CW3128, Maroon Creek Reservoir

Dear Cindy,
The list of studies and timeline provided with your letter of May 1st are disappointing as
they don’t provide a meaningful opportunity for settlement within the water court schedule. The
City seems to take the position that the water court process as prescribed by the Uniform Rules
doesn’t apply to this application. The timeline indicates the City will not be prepared to engage in
substantive discussions to resolve the concerns of the referee, Division Engineer, and opposers
until after December of this year. It is unclear why this is the case when, at the March 21st forum,
George Oamek said his study of future City demand could be completed in six months.
The timeline is also inconsistent with what the City represented at the March 21 forum.
Namely, it appears that you have created an extended schedule where council will not be prepared
to decide on the ultimate size and location of the reservoirs until March of next year. If that is the
case, the City will have spent the entire one-year referee period allowed by the rules without having
engaged in any substantive negotiations with opposers. I am sure you can agree that this proposal
is unconventional, especially for a standard diligence case like this.
Under these circumstances, we would like to offer an alternative path to settlement
originally suggested by Pitkin County. We propose that the opposers agree to a stay of this
diligence proceeding to give the City time to file an application to change the location and size of
the reservoir water rights in water court. At a minimum, the City would have to agree to move the
reservoirs from their decreed location to a location within the City’s jurisdiction. This will

 Cindy Covell, Esq.
City of Aspen Case No. 16CW3128
___________________________

accomplish the City’s stated goal of not building dams in wilderness. Other details of the
parameters of the change case can be worked out with the parties through further negotiation.
I discussed this with counsel for all opposers except Rhonda Bazil and understand there is
general consensus although certain details would need to be worked out.. In order to give time for
that and to give the City time to consider this offer, my client is willing to extend the time before
the referee for an additional thirty days from the May 9 status conference.
Please discuss this offer with your client and let me know if it is acceptable. Thank you
and please feel free to call me with any questions or concerns.
Sincerely,

Craig V. Corona
cc:

 

Marcella Larsen, Esq.
James DuBois, Esq.
Rhonda Bazil, Esq.
Laura Makar, Esq.
Rob Harris, Esq.
Paul Noto, Esq.
Kevin Patrick, Esq.