DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601-3303 DATE FILED: August 27, 2018 12:10 PM FILING ID: C591CB41FB9AF CASE NUMBER: 2016CW3129 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS of the CITY OF ASPEN, COLORADO, IN PITKIN COUNTY ▲ COURT USE ONLY ▲ Attorneys for Applicant Cynthia F. Covell, Esq., Reg. No. 10169 Andrea L. Benson, Esq., Reg. No. 33176 Alperstein & Covell, P.C. 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-791-77, 81CW063, 85CW045, 89CW030, 95CW187, 02CW19, 09CW145) Water Division No. 5 APPLICANT’S UNOPPOSED MOTION TO REREFER Applicant, the City of Aspen (“Aspen”), by and through its undersigned attorneys, hereby moves for rereferral of the above-captioned case to the Water Judge, Water Division No. 5, and in support of its motion states as follows. 1. C.R.C.P. Rule 121 Certification: Pursuant to C.R.C.P. 121 § 1-15(8), undersigned counsel for Aspen certifies to the Court that she has conferred with counsel for all Opposers regarding the relief sought herein, and they have stated they do not oppose this Motion. 2. Aspen has reached stipulations with all Opposers in this matter, pursuant to which all parties have agreed to rerefer the case in order to request court approval of the stipulations and to move for entry of a decree in the form approved by all parties. Rereferral will expedite completion of this case. 3. Aspen certifies its intent to protest an adverse ruling of the referee. C.R.S. 37-92- 303(2). Dated: August 27, 2018. ALPERSTEIN & COVELL, P.C. _______________________________ By: Cynthia F. Covell, #10169 ATTORNEYS FOR CITY OF ASPEN Motion to Rerefer Case No. 2016CW3129 Page 2 Certificate of Service I hereby certify that on this 27th day of August 2018, a true and correct copy of the foregoing APPLICANT’S UNOPPOSED MOTION TO REREFER was served electronically via CCE on the following: Party Attorney Firm American Rivers Noto, Paul L. Groves, Jason M. Patrick, Miller & Noto, P.C. Asp Properties Llc Bazil, Rhonda J. Rhonda J Bazil PC Ely, John M. Bd County Commissioners of Pitkin County Makar, Laura C. Neiley, Richard Y. III Method E-Service E-Service E-Service Pitkin County Attorney Colorado Trout Unlimited Noto, Paul L. Groves, Jason M. Patrick, Miller & Noto, P.C. E-Service Division 5 Engineer Division 5 Water Engineer State of Colorado DWR Division 5 Double R Creek Limited Patrick, Kevin L. Groves, Jason M. Patrick, Miller & Noto, P.C. State Engineer Colorado Division of Water Resources State of Colorado-Division of Water Resources E-Service United States of America Dubois, James J. US Department of Justice ENRD E-Service Western Resources Advocates Miller, Bartlett P. Harris, Robert K. Western Resources Advocates Wilderness Workshop Miller, Bartlett P. Harris, Robert K. Western Resources Advocates E-Service E-Service E-Service E-Service ___________________________ Stephanie Pierce THIS DOCUMENT WAS ELECTRONICALLY FILED AND SERVED PURSUANT TO RULE 121 OF THE COLORADO RULES OF CIVIL PROCEDURE. 2