Final Decree & Stips ‎(3)‎

• Case Number: 80CW0062
• Stream Name: Hunter Creek
• Watershed: Roaring Fork
• Water Division: 5
• County: Pitkin
• Instream Flow Acq - Doc Type: Contracts,MOA/MOU,Leases,Agreements

'/
RECEIVED
DISTRICT COURT, WATER DIVISION NO. Iy 2 1ft7RRL10
l OF WATER RESOURCES
STATE ENGINEER
C . se No. 80 CW 62
MOTION FOR SUMMARY JUDGMENT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY OF
ASPEN AND THE COLORADO WATER CONSERVATION BOARD IN THE
ROARING FORK RIVER OR ITS TRIBUTARIES IN PITKIN COUNTY
Applicant, City of Aspen, submits this Motion for
Summary Judgment pursuant to C.R.C.P. 56 on the following
grounds:
1. All Objectors to this case have either withdrawn
their statemont of opposition-or have signed a stipulation
stating that upon entry of a decree incorporating the terms
and conditions of the stipulation that their "statements of
opposition shall be deemed withdrawn.
2. The presently decreed point of diversion for the
Red Mountain Ditch, Priority 90 water right, which is the
subject of this case, has been corrected and republished pur-
suant to the order of this Court dated August 7. 1985. No
statements of opposition were filed as to the corrected
application, 'and the time for filing such statements of oppo-
sition has expired.
3. Accordingly, there is no genuine: issue reriaiz+ing as
to any material fact in this case and Applicant is entitled
to judgment in the form attached hereto as a matter of law.
Applicant respectfully requests that the court enter,
findings of fact, conclusions of law and judgment and decree
in this matter as set forth in the attached proposed decree.
Dated f ov =bar / 1985.
By
R
MUSICK AND COPE
er. W q
022
Post Office Box 4579
Boulder Colorado 80306 •
Telephone:. [phone]
1- 800 - 332 -2140 (Colorado)
SPECIAL COUNSEL FOR APPLICANT
CITY OF ASPEN