C150249 Contract

• Contract/PO #: C150249
• Contractor Name: Black Dike Pipeline Company
• Contract Type: Loan
• Water District: 0
• County: Montezuma
• Loan Projects - Doc Type: Contract Documents

Jon Lewis Kelly, P.C.
ATTORNEY AT LAW
P.O. Box 659
DOLORES, COLORADO 81323
jkelly @westslopelaw.com (970) 882 -4442
www.westslopelaw.com FAx: [phone]
RE: 1764
July 9, 2012
Colorado Water Conservation Board
ATTN: Steve Biondo
RE: ATTORNEY OPINION LETTER
BLACK DIKE
Dear Mr. Biondo,
This office represents the Black Dike Pipeline Company, a Colorado Non Profit Corporation. I have been
licensed Colorado Attorney since 1992, bar registration number 21913. The Board of Directors requested that I
prepare the following opinion letter in connection with Amendment No. 1 to Contract No. C150249. In
preparation of this letter I have reviewed the Company's bylaws, articles of incorporation, resolutions, and your
proposed contract. References are to paragraph 7 of the original contract:
1. Attorney's Opinion Letter. Prior to the execution of this contract by the CWCB, the BORROWER shall
submit to the CWCB a letter from its attorney stating that it is the attorney's opinion that
a. the contract has been duly executed by officers of the BORROWER who are duly elected or appointed
and are authorized to execute the contract and to bind the BORROWER;
I presume that this means you are requesting an opinion as to whether the officers have the authority to execute
the proposed contract —I have not reviewed an executed amendment to the contract, only the proposed amended
contract. By resolution, the members and board of directors have executed a written document giving the
Company authority to enter into this contract. By further resolution, the President and Secretary are authorized to
sign the contract on behalf of the Corporation.
b. the resolutions of the BORROWER authorizing the execution and delivery of the contract were duly
adopted by the BORROWER'S board of directors and /or stockholders
It is my opinion that the resolutions have been authorized in accordance with Colorado law.
C. there are no provisions in the BORROWER'S articles of incorporation or bylaws or any state or local
law that prevent this contract from binding the BORROWER; and
It is my opinion that there is nothing in the bylaws and or articles of incorporation that would prevent the
Company from executing this contract.
Main Office Location: 995 Railroad Ave. Ste. B, Dolores, Colorado