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PROJC01779 (2)
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PROJC01779 (2)
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Last modified
12/11/2012 10:49:02 AM
Creation date
5/12/2008 7:53:25 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C153723
Contractor Name
Orchard Mesa Irrigation District
Contract Type
Loan
Water District
72
County
Mesa
Bill Number
HB 95-1155
Loan Projects - Doc Type
Contract Documents
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<br />Comment: At the June 2, 1997 scheduling conference for case # 97-CV- <br />526, attorney Linda Bassi, representing the State, attorney Robert D. Clark, rep- <br />resenting NRCS and FSA, and Flint B. Ogle, representing OMID and MMLE, ad- <br />vised Magistrate Judge O. Edward Schlatter that FSA had issued the entire <br />$400,000 grant, although only a third of the project had been rehabilitated, and <br />while legal action was pending. <br />Issuing this grant before project completion violates Jeff Burwell's October <br />24, 1996 statement to Flint Ogle and Duane Johnson's April 19, 1996 statement <br />to Charles Campbell that funds would not be issued until the entire lateral had <br />been rehabilitated. <br />One must think that after Jeff Burwell had notified Flint Ogle in writing that <br />funds would not be issued until the project was completed, it becomes Mr. Ogle's <br />responsibility to not allow issuance of the grant in violation of this notice. <br />Mr. Ogle should have been fully aware of the fact that premature issuance <br />of the grant to an ineligible participant is at the center of the legal action being <br />scheduled at the time he announced to Judge Schlatter that the grant had been <br />issued. This appears to be perjury by an officer of the court. <br />Evidence shows that Flint Ogle and Linda Bassi had jointly reviewed the <br />loan contract. Both were advised by letter before the grant was issued that the <br />grant could not be issued until all 21,500 feet of MML was rehabilitated, Ms. <br />Bassi confirmed to Judge Schlatter that NRCS had issued the grant to CWCB <br />(not OMID). Is this confirmation to a Judge that the grant had been issued con- <br />sidered aiding and abetting? <br />At this scheduling conference plaintiffs provided Linda Bassi, CWCB at- <br />torney discovery documents. She advised plaintiffs that the documents OMID <br />had provided plaintiffs included all associated CWeB discovery documents. After <br />reviewing documents provided, it is clear that Ms Bassi has not provided all <br />CWCB documents in file for the MML project. Is this act of omission a violation <br />of the standards of legal ethics expected of this lawyer? <br /> <br />September 24th the United States District Court certified three questions of law <br />to the Colorado Supreme Court. These questions ask if OMID is a government <br />under Amendment 1; if OMID can form a water activity enterprise under the wa- <br />ter activity enterprise statutes; and if so, does the enterprise have to comply with <br />Amendment 1. Written briefs have been completed and oral arguments were <br />made June ~ 1998. <br />( <br /> <br />Salinity Control Contract (92-233) 65-8B05-4-3207 <br /> <br />Congress has authorized two types of salinity control programs for the Grand <br />Valley segment of the Upper Colorado River Basin. The more well known pro- <br />gram is the lining of major irrigation canals by the Bureau of Reclamation <br />(USBR). The other is the Colorado River Salinity Control (CRSC) program car- <br />ried out by the Department of Agriculture (USDA) . <br /> <br />11 <br /> <br />-~/ <br />
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