DISTRICT COURT, WATER DIVISION 5,
STATE OF COLORADO

DATE FILED: July 31, 2018 5:20 PM
FILING ID: F52474B61F6AC
CASE NUMBER: 2018CW3063

Garfield County Courthouse
109 8th Street, Suite 104
Glenwood Springs, CO 81601
IN THE MATTER OF SOUTHEASTERN COLORADO
WATER CONSERVANCY DISTRICT’S
APPLICATION FOR FINDING OF REASONABLE
DILIGENCE AND TO MAKE CONDITIONAL
RIGHTS ABSOLUTE FOR THE FRYINGPANARKANSAS PROJECT, IN THE ROARING FORK
AND FRYINGPAN RIVERS AND THEIR
TRIBUTARIES

▲COURT USE ONLY▲

IN EAGLE AND PITKIN COUNTIES, COLORADO
James J. DuBois
U.S. Department of Justice
Environment and Natural Resources Division
999 18th Street
South Terrace – Ste. 370
Denver, CO 80202
Atty. Reg. No. 13206
Phone Number: (303) 844-1375
FAX Number:
(303) 844-1350
E-mail:
james.dubois@usdoj.gov

Case Number: 18CW3063

UNITED STATES OF AMERICA’S STATEMENT OF OPPOSITION

1.

Name, and address of Objector:
UNITED STATES OF AMERICA
c/o U.S.D.A. Forest Service
Regional Hydrologist
1617 Cole Boulevard
Lakewood, CO 80401

2.

Names of ditches or structures:
a.
Lime Creek (state structure ID #1599)
b.
Unnamed Tributary to Slim’s Gulch (state structure ID #1614)
Statement of Opposition
Case No. 18CW3063

1

 c.
d.
e.
f.
3.

Slim’s Gulch (state structure ID #1615)
Last Chance Creek (state structure ID #1597)
South Side Intercept of Last Chance Creek (state structure ID #1612)
North Side Intercept of North Fork of Fryingpan River (state structure ID #1604)

Statement of facts as to why the application should not be granted or should only be
granted in part or on certain conditions:
a.

Development of the six above-mentioned conditional water rights in the North
Fork Sub-system of the North Side Collection System of the Fryingpan-Arkansas
Project is not protected under legislation designating the Holy Cross Wilderness
(Pub L. No. 96-560, 94 Stat. 3266 (1980))

b.

Under the Wilderness Act of 1964, 16 U.S.C. §§ 1131–1136, the United States
Forest Service cannot authorize development of these six conditional water rights
in Case No. 18CW3063 because they lie within a congressionally-designated
wilderness. Only the President has authority to approve water developments
within the Holy Cross Wilderness.

c.

As currently decreed, the subject water rights raise questions as to whether they
can and will be perfected within a reasonable time.

d.

Development of these six water rights is not consistent with the goals, objectives,
standards and guidelines in the White River National Forest’s Land and Resource
Management Plan.

e.

Applicant should be put on strict proof to establish its diligence.

4.

The United States is unable to determine from the résumé whether additional grounds for
opposition exist, and therefore reserves the right to assert other grounds for opposition as
they become known.

5.

This statement of opposition is continuing in nature and shall apply to any and all future
amendments to the original application.

Statement of Opposition
Case No. 18CW3063

2

 DATED this 31st day of July, 2018.
JEFFREY H. WOOD
Acting Assistant Attorney General
PURSUANT TO C.R.C.P. RULE 121, SECTION 1-26(9), A DULY
SIGNED COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICES OF
THE DEPARTMENT OF JUSTICE.

By: /s/ James J. DuBois
JAMES J. DUBOIS, #13206
U. S. Department of Justice
Environmental and Natural
Resources Division
ATTORNEYS FOR OPPOSER
UNITED STATES OF AMERICA

Statement of Opposition
Case No. 18CW3063

3

 VERIFICATION

STATE OF COLORADO

vv

SS.
COUNTY OF GARFIELD 

I, Stephen J. Hunter, state under oath that I am a Civil Engineer for the White River
National Forest, that I have reviewed the foregoing Statement of Opposition to
Southeastern Colorado Water Conservancy District?s Application for Finding of
Reasonable Diligence and to Make Conditional Rights Absolute for the Fryingpan-
Arkansas Project, and that, to the best of my knowledge and belief, the contents thereof

are true and accurate. 
gill/i

STEPHEN J. HUNTER
Civil Engineer, P.E., P.H.

SUBSCRIBED AND SWORN TO before me this I day of jg 5 [If 2018.

CHANTEL SON 

Notary Pubtic State of Colorado NOTARY PUBLIC
Notary ID 20174013455 '1

- MyCommissionExpiresMarZBJOZ]

 

My commission expires: [g yak 6533 152052 I

United States of America?s Statement of Opposition
Water Division 5, 18CW3063

 

CERTIFICATE OF SERVICE
I hereby certify that on the 31st day of July 2018, a true and correct copy of the foregoing
UNITED STATES OF AMERICA’S STATEMENT OF OPPOSITION was electronically
served via Colorado Courts E-Filing on all parties of record.
PURSUANT TO C.R.C.P. RULE 121, SECTION 1-26(9), A DULY
SIGNED COPY OF THIS DOCUMENT IS ON FILE AT THE OFFICES OF
THE DEPARTMENT OF JUSTICE.

/s/ Carla Valentino
Carla Valentino
Paralegal Specialist

Statement of Opposition
Case No. 18CW3063

4