DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601-3303 D1 FI C2 1?1: FILED: August 225, 2018 2:32 PM LING ID: EOA9115BF4A6D NUMBER: 2016CW3129 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS of the CITY OF ASPEN, COLORADO, IN PITKIN COUNTY A COURT USE ONLY A Attorneys for Applicant F. Covell, Esq., Reg. No. 10169 Andrea L. Benson, Esq., Reg. No. 33176 Alperstein Covell, PC. 1600 Broadway, Suite 1070 Denver, CO 80202 Phone: (303) 894-8191 Fax: (303) 861-0420 cfc@alpersteincovell.com; alb@alpersteincovell.com Case Number: 2016CW3129 (CA5884, W-791, W-79l?77, 81CW063, 85CW045, 89CW030, 95CW187, 02CW19, 09CW145) Water Division No. 5 MOTION TO APPROVE STIPULATIONS WITH ALL OPPOSERS Applicant, the City of Aspen (?Aspen?) through its undersigned counsel hereby moves this Court for an order approving Stipulations entered into in the above-captioned case between Aspen and all Opposers (?Opposers?), and as grounds therefor, Aspen states as follows: 1. Aspen has entered into the following Stipulations with all Opposers herein which are being ?led contemporaneously with this Motion: a. Stipulation and Agreement Between Applicant City of Aspen and Opposer American Rivers (Castle Creek Reservoir), dated August 28, 2018; b. Stipulation and Agreement Between Applicant City of Aspen and Opposer Asp Properties, LLC, dated May 18, 2018; c. Stipulation and Agreement Between Applicant City of Aspen and Opposer Board of County Commissioners of Pitkin County, dated May 24, 2018; d. Stipulation and Agreement Between Applicant City of Aspen and Opposer Colorado Trout Unlimited (Castle Creek Reservoir), dated August 28, 2018; e. Stipulation and Agreement Between Applicant City of Aspen and Opposer Double Creek Limited, dated August 28, 2018; Motion to Approve Stipulations With All Opposers Case No. 2016CW3129 Page 2 f. Stipulation and Agreement Between Applicant City of Aspen and Opposer Western Resource Advocates, dated August 28, 2018; g. Stipulation and Agreement Between Applicant City of Aspen and Opposer Wilderness Workshop, dated August 28, 2018; and h. Stipulation and Agreement Between Applicant City of ASpen and Opposer United States of America, dated August 28, 2018. 2. The Stipulations resolve all issues between the Applicant and Opposers with reSpect to the above-captioned matter. The Applicant and Opposers wish to have the Court approve the Stipulations so that they are enforceable as agreements between the Applicant and Opposers and as an order of the Court. 3. Opposers shall remain parties to this case to insure that any decree entered by the Court in this case is consistent with the Stipulations. Dated: August 28, 2018 Respectfully submitted, ALPERSTEIN COVELL, P.C. . . 748/4,? ??'fjcl/ By Andrea L. Benson, Esq. F. Covell, Esq. ATTORNEYS FOR APPLICANT CITY OF ASPEN Motion to Approve Stipulations With All Opposers Case No. 2016CW3129 CERTIFICATE OF SERVICE Page 3 I hereby certify that on this 28th day of August 2018, a true and correct copy of the foregoing MOTION TO APPROVE STIPULATIONS WITH ALL OPPOSERS was served electronically via CCE on the following: a Party Attorney iNoto, Paul L. American Rivers . 'Groves, Jason M. Asp Properties Lic I - Bazil, Rhonda J. - iEly, John M. Bd County Commissioners of Pitkin County! Makar, Laura C. 'Neiley, Richard Y. Noto, Paul L. Colorado Trout Unlimited Groves, Jason M. I Division 5 Engineer Division 5 Water Engineer Patrick, Kevin L. Double GEEK L'm'te?j Groves, Jason M. Colorado Division of Water State En ineer 9 Resources ,United States of America Dubois, James J. Miller, Bartlett P. Harris, Robert K. .Miller, Bartlett P. Harris, Robert K. Western Resources Advocates :Wilderness Workshop Rhonda Bazil PC Pitkin County Attorney Patrick, Miller Noto, P.C. Western Resources Advocates 354? . 61145:? SteplIanie Pierce- Firm Patrick, Miller Noto, P.C. State of Colorado DWR Division 5 Patrick, Miller Noto, P.C. State of Colorado-Division of .Water Resources us Department of Justice ENRD Method E-Service E~Service :E-Service E-Service E-Service I E-Service E-Service E-Service E-Service Western Resources Advocates z" E-Service THIS DOCUMENT WAS ELECTRONICALL FILED AND VED PURSUANT TO RULE OF THE COLORADO RULES OF CIVIL PROCEDURE.