DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8TH STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 (970) 945-5075 DATE FILED: February 27, 2018 3:35 PM FILING CASE NUMBER: 2017CW3258 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: THE SNOWMASS WATER AND SANITATION DISTRICT, 11 Colorado special district, In PITKIN AND EAGLE COUNTIES, Colorado COURT USE ONLY Attorneys fer the Colorado Water Conservation Board: H. COFFMAN, Attorney General PHILIP E. LOPEZ, Assistant Attorney General Attorney Reg. 40484* Water Conservation Unit Natural Resources Environment Section Of?ce of the Colorado Attorney General 1300 Broadway, 7th Floor Denver, CO 80203 Telephone: (720) 508'6312 FAX: (720) 508-6039 Email: philip.lcpez@coag.gov *Counsel Of Record Case NO. 2017CW3258 Water Div. 5 STATEMENT OF OPPOSITION OF THE COLORADO WATER CONSERVATION BOARD Name, mailing address, email address and telephone number of Opposeri Colorado Water Conservation Board 1313 Sherman Street, Room 721 Denver, CO 80203 Telephone: (303) 866-3441 Don.west@state.co.us Name of ditch or structure: As more fully described in the application. State facts Why the application should not be granted or why it should be granted only in part or on certain conditional a. The CWCB holds water rights, including the following instream ?ow water rights, in Water Division 5 in the Roaring Fork River Watershed that could be injured by this applicationi Case Rate Approp. Number Stream Upper Terminus Lower Terminus? (Dates) . Date Roaring Fork con? Owl Creek con? Fryingpan Varies 0.15- 06/30/1904 (Div. 5) River River 0.89 76W2943 Snowmass Creek outlet Snowmass con? 9 (4/1 - 10/15) 01/14/1976 (Div. 5) Lake Snowmass Creek 4 (10/16 76W2943A Snowmaes Creek con? con? Capitol 12 (4/1 - 10/15) 01/14/1976 (Div. 5) Snowmass Creek Creek 76W2943B Snowmaes Creek con? Capitol con? Roaring 12 (4/1 10/ 15) 01/14/1976 (Div. 5) Creek Fork River 11 (10/ 16 - 3/31) 85CW0639 Roaring Fork con? Fryingpan con? 75 (10/1 3/31) 11/08/1985 (Div. 5) River River River 145 (4/1 9/30) 85CW0646 Roaring Fork con? Maroon con? Fryingpan 30 (10/1 - 3/31) 11/08/1985 (Div. 5) River Creek River 55 (4/1 9/30) Snowmass Creek con? con? Capitol 3 (4/1 10/15) 09/15/1992 (Div. 5) Snowmass Creek Creek Snowmass Creek con? Capitol con? Roaring 10.5 (4/1 09/15/1992 (Div. 5) Creek Fork River 10/ 15) Increased A Donated/Acquired Water Right b. The proposed plan for augmentation and exchange may not replace depletions in the proper time, place and amount, which could injure the instream ?ow water rights. Terms and conditions should be included in the decree to ensure that the proposed decree will not injure the instream ?ow water rights by expansion of use of water rights that are senior to instream ?ow water rights. Terms and conditions should be included in the decree to address the measurement, recording, accounting and operations by Applicant in order for proper administration and compliance with all the terms and conditions of any decree entered in this matter. The application does not present suf?cient information to fully evaluate the extent to which the instream ?ow water rights may be injured. Statement of Opposition of the Colorado Water Conservation Board Case No. 1 7C W3258 Page 2 of5 f. The CWCB is unable to determine from the application whether additional grounds for opposition exist, and therefore reserves the right to assert other grounds for opposition as they become known. This Statement of Opposition is continuing in nature and shall apply to any and all future amendments to the original application. . 2:1m Dated this day of February, 2018. H. COFFMAN Attorney General E-?led pursuant to 0.3.0. . 121. PHILIP E. LOPEZ, 4048 Assistant Attorney Gener Water Conservation Unit Natural Resources and Environment Section O?ice of the Colorado Attorney General Attorneys for CWCB *Counsel of Record Statement of Opposition of the Colorado Wa tor Conservation Board Case No. 1 7CW3258 Page 3 01"5 VERIFICATION STATE OF COLORADO )ss CITY AND COUNTY OF DENVER 1, Don West, Water Resources Engineer, Colorado Water Conservation Board, being duly sworn, hereby state that I have read the foregoing Statement of Opposition, and that the contents are true to the best of my knowledge. Signed original on ?le with the Of?ce ofthe Attorney Genera! for the Sn: te of Colorado Don West, P.E. Water Resources Engineer Colorado Water Conservation Board Subscribed and sworn to before me this 7-4 day of February, 2018, in the City and County of Denver, State of Colorado. Signed original on ?le with the Of?ce of the ELIZABETH ANNE Attorney General for the State of Coforndo NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174049390 MYCOMMISSION EXPIRES 050.5. 2021 I 3 NOTARY PUBLIC My Commission expires: . L9 . Statement 01" Opposition of the Colorado Water Conservation Board Case No. 1 7CW3258 Page 4 01"5 CERTIFICATE OF SERVICE Jr, This is to certify that on this-27 day of February, 2018, I caused a true and correct copy of the foregoing STATEMENT OF OPPOSITION to be served electronically Via Colorado Courts E-Filing (CCE) addressed to each of the following: {elem 63$: 'Partjr'Name a Party Type Attorney Name Division 5 Engineer Division Engineer Division 5 Water Engineer (State of Colorado DWR Division 5) Snowmasa Water And Sanitatinn Applicant Mark Edward Hamilton District Tarn Udall (Holland 3; Hart LLP) State Engineer State Engineer Colorado Division of Water Resources (State of Colorado Division of Water Resources E?filed pursuant fs/ Marga et L. opick AM Margaret L. Popick Statement of Opposition of the Colorado Water Conservation Board Case No. 1 7C W3258 Page 5 of 5