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. implying that there are individuals within USDA and aMID (and possibly CWCB) taking ex parte action. According to the loan application guidelines, aMID must obtain a Corps of Engi- neer 404 Dredge and Fill Permit prior to loan approval if wetlands and/or wildlife habitat areas will be affected. This permit application triggers the National Environmental Pol- icy Act (NEPA) process. If aMID has acquired this permit, all copies of all documents requested in Appendix A should be in the loan file, and easily available received to us by November 1, 1996. Unless we receive all documents requested in Attachment A by this date, or un- less we receive a copy of a letter, addressed to Orchard Mesa Irrigation District from the Department of Natural Resources, stating funding of the construction loan and/or long term loan is stopped pending our receipt of all documents requested in the loan guidelines, it is assumed the Department of Natural Resources agrees to be named as defendants in this action. One needs to look no further than the recent EPA fine imposed on the Telluride ski area developers to understand the consequences of unapproved wetland destruc- tion. Both NRCS and CWCB will have contract clauses providing for the withdrawal of all grant and loan funds, if aMID proceeds without meeting all EPA requirements. Are you aware that if the District is fined or forced to repay funds illegally re- ceived funds, all District landowners (District taxpayers), not the Board, will be injured (will have to pay for the consequences)? These funds will come from special assess- ments imposed all District shareholders, not from increased ski fees. Landowners op- posed to the funding of MML have been trying to advise both NRCS and CWCB for over a year that it appears aMID is intentionally falsifying documents to receive funds for the MML piped lining project. We believe that MML is one of about 177 privately owned laterals located within aMID. Several of the remaining 176 laterals have been placed in piped lining under the Colorado River Basin Salinity Control program. Most, if not all, have been 75% (or more) funded by USDA with the remainder of the proiect cost comino from private sources. If CWCB makes this loan, we will have one of these privately owned laterals totally funded with public money. The cost ratio will be a 25% USDA grant, and a 75% CWCB loan. Are you concerned that it appears that by using public funds for this proj- ect we will have two public agencies aiding and abetting a third government agency in the commission of a fraudulent action? These documents should be sent Orchard Mesa Irrigation District Shareholders, PO Box 30069, Grand Junction CO 81503. enclosure: cwcbrqst Sincerely, ~j~P- /~._-~ ~.--;...h. <9 l ~ --:;:0-1 {/ ,1J1 I 0 <5 2