DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLORADO 109 Eighth Street, Suite 104 Glenwood Springs, CO 81601-3303 DATE FILED: August 27, 2018 4:06 PM CASE NUMBER: 2016CW3129 IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS of the CITY OF ASPEN, COLORADO, ▲ COURT USE ONLY ▲ IN PITKIN COUNTY Case Number: 2016CW3129 (CA5884, W-791, W-791-77, 81CW063, 85CW045, 89CW030, 95CW187, 02CW19, 09CW145) Water Division No. 5 ORDER OF REREFERRAL The Referee, having reviewed the Unopposed Motion to Rerefer filed by the City of Aspen (“Applicant”) in Case No. 16CW3129 and being otherwise fully advised in the premises, hereby finds and orders as follows. Case Nos. 16CW3128 and 16CW3129 both involve requests for findings of reasonable diligence on conditional storage water rights in the Maroon Creek and Castle Creek basins. Due to the overlap in claims and similar opposers, the cases have proceeded jointly on the Referee’s docket. At the last status conference held on August 21, 2018, Applicant indicated that it has reached stipulations with all opposers in Case No. 16CW3129 and has reached stipulations with all opposers except for one in Case No. 16CW3128. No stipulations have been filed in either case for approval by the Court. On August 27, 2018, Applicant filed a Motion to Rerefer Case No. 16CW3129 (“Motion”) stating that rereferral would expedite the case and certifying its intent to protest any adverse ruling by the Referee. Case No. 16CW3128 is currently scheduled for a status conference on October 16, 2018 before the Referee. After considering the Applicant’s Motion and the responses to summary of consultation filed in both cases, the Referee finds that the issues in both Case Nos. 16CW3128 and 16CW3129 will require Water Judge adjudication of the facts and/or rulings of law pursuant to section 37-92-303(2) of the Colorado Revised Statutes and Water Court Rule 6(c). Accordingly, the Court ORDERS: 1. Case No. 16CW3129 is rereferred to the Water Judge. Applicant shall contact the Water Judge’s clerk to schedule a case management conference within the next 5 business days. 2. Case No. 16CW3128 is rereferred to the Water Judge. The status conference scheduled for October 16, 2018 at 9:30 a.m. is vacated. Applicant shall contact the Water Judge’s clerk to schedule a case management conference within the next 5 business days. SO ORDERED: August 27, 2018 ____________________________ Susan Ryan, Water Referee Water Division No. 5 State of Colorado