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<br />~ <br /> <br /> <br />KEN SALAZAR <br />Attorney General <br /> <br />BARBARA McDoNNELL <br />Chief Deputy Attorney General <br /> <br />MICHAEL E. McLACHLAN <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 5th Floor <br />Denver, Colorado 80203 <br />Phone (303) 866-4500 <br />FAX (303) 866-5691 <br /> <br />OFFICE OF THE ArrORNEY GENERAL <br /> <br />February 24, 1999 <br /> <br />Kathleen Ozga <br />United States Department of the Interior <br />Bureau of Reclamation <br />2764 Compass Drive <br />Grand Junction, CO 81506-8785 <br /> <br />Mark Hermundstad, Esq; <br />Williams, Turner & Holmes, P.C. <br />P.O. Box 338 <br />Grand Junction, CO 81501 <br /> <br />RE: Revised CWCB/Bureau of Reclamation/GVWUA Contract (Grand Valley Water <br />Management Improvements) <br /> <br />Dear Kathleen and Mark <br /> <br />Enclosed for your review is a revised vers~on of the above-referenced contract that <br />incorporates the comments made at our October 1, 1998 telephone meeting and the suggested <br />revisions you sent to me after that meeting. A few comments on the revisions are listed below. <br /> <br />1. Page 2, ~ 2: Please note that, due to uncertainty about when Reclamation and the GVWUA <br />will start construction of the Improvements, we have changed the date of the CWCB' s <br />disbursement of the grant funds from "within twenty days of the effective date of the <br />contract" to "within twenty days of the date of award of the first Improvements construction <br />contract. " <br />2. Page 3, ~ 3: Due to my understanding that the Bureau of Reclamation has authority to enter <br />into this contract for a term of 50 years, I did not revise this clause. <br />3. Page 4, ~ 4: Mark, we have deleted references to emergency work "related to" the <br />Improvements here and elsewhere in the contract because it is too open-ended. Because we <br />don't want to close the door to using the funds for such expenses, we have left the "related <br />to" language in ~7(b)(2) to permit the GVWUA to submit bills for such work and to require <br />the CWCB to consider whether the Improvements Grant funds may be used to pay those <br />bills. <br />4. Pages 5-6, ~~7 (b) and (c): Rather than stating that the CWCB and Reclamation shall review <br />and approve annual work plans and bills, we have revised this to say that the CWCB and <br />