DISTRICT COURT, WATER DIVISION NO. 5,
STATE OF COLORADO
109 Eighth Street, Suite 104
Glenwood Springs, CO 81601-3303
IN THE MATTER OF THE APPLICATION FOR
WATER RIGHTS of the CITY OF ASPEN,
COLORADO,

DATE FILED: October 15, 2018 1:06 PM
FILING ID: 7BE8E9013CBC7
CASE NUMBER: 2016CW3128

▲ COURT USE ONLY ▲

IN PITKIN COUNTY
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: 2016CW3128
(CA5884, W-791, W-791-77,
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 filed contemporaneously with this Motion:
a. Stipulation and Agreement Between Applicant City of Aspen and Opposer American
Rivers (Maroon Creek Reservoir), dated October 15, 2018;
b. Stipulation and Agreement Between Applicant City of Aspen and Opposer Board of
County Commissioners of Pitkin County, dated May 24, 2018;
c. Stipulation and Agreement Between Applicant City of Aspen and Opposer Colorado
Trout Unlimited (Maroon Creek Reservoir), dated October 15, 2018;
d. Stipulation and Agreement Between Applicant City of Aspen and Opposer Larsen
Family LP, dated October 15, 2018;
e. Stipulation and Agreement Between Applicant City of Aspen and Opposer Roaring
Fork Land & Cattle Company (Maroon Creek Reservoir), dated October 15, 2018;

 Motion to Approve Stipulations With All Opposers
Case No. 2016CW3128
Page 2

f. Stipulation and Agreement Between Applicant City of Aspen and Opposer United
States of America, dated October 15, 2018.
g. Stipulation and Agreement Between Applicant City of Aspen and Opposer Western
Resource Advocates, dated October 15, 2018; and
h. Stipulation and Agreement Between Applicant City of Aspen and Opposer
Wilderness Workshop, dated October 15, 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 orders 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: October 15, 2018.
Respectfully submitted,
ALPERSTEIN & COVELL, P.C.
By _________________________________
Andrea L. Benson, Esq.
Cynthia F. Covell, Esq.
ATTORNEYS FOR APPLICANT CITY OF ASPEN

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 Motion to Approve Stipulations With All Opposers
Case No. 2016CW3128
Page 3

CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October 2018, a true and correct copy of the
foregoing MOTION TO APPROVE STIPULATIONS WITH ALL OPPOSERS was served
electronically via CCE on the following:
Party
American Rivers

Attorney

Firm

Noto, Paul L.
Groves, Jason M.

Patrick, Miller & Noto, P.C.

Ely, John M.
Bd County Commissioners of Pitkin County Makar, Laura C.
Neiley, Richard Y. III

Method
E-Service
E-Service

Pitkin County Attorney

Colorado Trout Unlimited

Noto, Paul L.
Groves, Jason M.

Patrick, Miller & Noto, P.C.

Division 5 Engineer

Division 5 Water Engineer

State of Colorado DWR
Division 5

E-Service

Larsen Family LP

Corona, Craig V.

Corona Water Law

E-Service

Roaring Fork Land & Cattle Company

E-Service

Patrick, Miller & Noto, P.C.

E-Service

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

___________________________
Stephanie Pierce
THIS DOCUMENT WAS ELECTRONICALLY FILED AND SERVED PURSUANT TO RULE 121 OF THE COLORADO RULES OF CIVIL
PROCEDURE.

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