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<br /> <br />tlE~E'~ <br />~G Z t~~ <br /> <br />Co\omdo Water <br />Consef'Jatlon Board <br /> <br />GALE A. NORTON <br />Attorney General <br /> <br />RICHARD A. WESTFALL <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES BUILDING <br />1525 Shennan Street - 5th Floor <br />Denver, Colorado 80203 <br />Phone (303) 866-4500 <br />FAX (303) 866-5691 <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />August 18, 1998 <br /> <br />Charles L. Campbell <br />28633 Road <br />Palisade, Colorado 81526 <br /> <br />RE: Your letter of July 28, 1998 <br /> <br />Dear Mr. Campbell: <br /> <br />Attorney General Gale Norton has asked me to respond to your letter of July 28, 1998, as well <br />as the July 23, 1998 letter to the Mesa County District Attorney. Your charge that two <br />attorneys in this office have intentionally falsified public documents is as serious as it is <br />unsubstantiated. <br /> <br />After reviewing the materials supplied by you to District Attorney Daniels, as well as <br />consulting with the other members of the staff, we find no basis for your allegations that <br />attorneys in this office have falsified public documents. Your reference to statements by <br />attorneys outside this office do not provide a basis for concluding what statements were made <br />by this office or who made these statements. Further, they provide no evidence of falsifying <br />documents. <br /> <br />We understand that you object to the basis of a loan made by the Colorado Water <br />Conservation Board (CWCB) to the Mutual Mesa Lateral Enterprise (MMLE). You, along <br />with a few other Orchard Mesa Irrigation District (aMID) landowners have filed suit, in <br />which we are currently awaiting the Colorado Supreme Court decision on several certified <br />questions regarding the nature of aMID, as well as whether Article X, Section 20 of <br />Colorado's constitution ("TABOR") applies to a water activity enterprise created under <br />Colorado law. The briefs filed by this office fully explain the analysis made by this office <br />regarding the loan to MMLE. If you do not have copies of these briefs, I recommend you <br />contact your attorney to receive copies. When the courts rule on your case, the issues raised in <br />your letter will be resolved. <br /> <br />While this office does not agree with your interpretation of TABOR's application in this <br />circumstance, your court challenge to the CWCB's loan to MMLE is an appropriate manner <br />