HomeMy WebLinkAboutresolution.council.079-14 RESOLUTION #79
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A STIPULATION OF DISMISSAL WITHOUT
PREJUDICE IN THE LITIGATION KNOWN AS T. RICHARD BUTERA ET AL.
V. CITY OFASPEN, CASE NO. I lCW130, WATER DIVISION 5, AND
AUTHORIZING THE CITY'S ATTORNEYS TO EXECUTE SAID
STIPULATION OF DISMISSAL ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, on or about September 15, 2011, the plaintiffs therein filed in
the Colorado Water Court the case now known as T. Richard Butera, et al. v. City
of Aspen, Case No. 11 CW 130, Water Division 5 ("litigation"). Such case alleges
that the City of Aspen had abandoned the hydroelectric purpose decreed to its
Castle Creek Flume, Midland Flume, and Maroon Ditch water rights; and,
WHEREAS, the City of Aspen has vigorously defended such litigation and
claim of abandonment; and,
WHEREAS, The City Council has acknowledged that the City of Aspen will
not be pursuing or seeking to complete the Castle Creek Energy Center
hydroelectric project at this time, and instead will pursue other renewable energy
projects including microhydroelectric installations at existing City-owned or
controlled facilities, to achieve its goal of its municipal utility being sourced from
100 percent renewable energy; and,
WHEREAS, the plaintiffs in the litigation have proposed to dismiss the
litigation, without prejudice; and,
WHEREAS, neither this acknowledgement nor the proposed stipulation
forecloses or limits Aspen's ability to pursue a hydroelectric project on Castle
Creek in the future; and,
WHEREAS, the City of Aspen reaffirms its position that it has not
abandoned or intended to abandon its water rights, and affirms that neither this
acknowledgement, nor the proposed stipulation nor any other action of the City
means that it now abandons or intends to abandon, or has ever abandoned or had
any intent to abandon all or any portion or purpose of the decreed water rights that
are the subject of this litigation, including the hydroelectric purpose decreed to the
water rights at issue; and,
WHEREAS, dismissal of the litigation pursuant to the stipulation attached
hereto is in the best interest of the City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the stipulation
of dismissal without prejudice attached hereto in the litigation known as T. Richard
Butera, et al. v. City of Aspen, Case No. 11 C W 130, Water Division 5, State of
Colorado and authorizes the city's attorneys to execute said stipulation of dismissal
on behalf of the City of Aspen, Colorado;
That the City Council of the City of Aspen reaffirms its intent not to
abandon any portion or decreed purpose of the water rights that are the subject of
the litigation.
INTRODUCED, READ AND ADOPTED by the �ity Council of the City of
Aspen on the 23rd day of June, 2014.
I
Steven Skadr n, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held on the 23rd day of June, 2014
Linda Manning, City Jerk