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to the acreage rule. (Landowners owning one acre or more of irrigated land within the District are entitled to one vote for each acre owned.) OMID attorney Bill Frey, next advised the 30 or so landowners in attendance at the 1996 meeting that he had consulted with the Colorado Attornev General and they had Uointly) concluded that OMID was private in nature and not subiect to Tabor. Therefore, OMID board had, by previous resolution, made a voting change for the MML loan request from CWCB. Regardless of the voting proce- dures used to elect directors, all water user were entitled to one vote. (Joint owners are entitled to one vote.) Frey didn't cite the rule of law of which he and the Attorney General used to authorize the voting change resolution. Nor did he name the person in the office of the Attorney General with which he had con- sulted before allowing the board to change voting procedures by resolution. This voting procedure change Frey approved varies from Tabor in that under Amendment 1 each registered voter is entitled to one vote. For example. a cou- ple living on a quarter of an acre in one side of a rented duplex, register to vote in general elections and served by OMID, would be entitled to one vote each. Without bringing the feasibility study off the table for landowners approval, the vote to authorize OMID to seek a CWCS loan passed by a vote of about 225 to 15. Comment: OMID did not provide copies of the proxies used to compile this vote as a part of discovery for case 3 97-CV-526. OMID has not recorded this vote with the Mesa County Clerk and Recorder. CWCB attorney Linda Bassi ad- vised landownersthat CWCB has provided plaintiffs all associated MML records. These proxies were not included in these documents. Duane L. Johnson, State Conservationist, NRCS, advised landowners in a letter dated April 19, 1996 that the United States would not issue OMID the $400,000 salinity control grant until the entire 21,500 feet of MML had been converted to closed pipe. Additionally, he wrote in this letter that there were six Grand Junc- tion District NRCS employees among the 30 thirty in attendance at the 1996 an- nual meeting. Of these six, three lived within the District, and were on vacation to attend. Mr. Johnson has refused to provide copies of time sheets for the six. It can not be determined if any of these federal employees voted at that meeting. At a special OMID meeting, held May 6, 1996, board member Melvin Rettig made a motion to have Westwater Engineering prepare a feasibility study for MML. This study was completed September 20, 1996, a year and one half after it was tabled. Applicants for CWCB loans are required to submit a feasibility study before the loan application is submitted to the Colorado General Assembly and the gover- 6 ~ ~.