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<br />,. <br /> <br />, <br /> <br />e <br /> <br />e <br /> <br />tit <br /> <br />MOSES, WITTEMYER, HARRISON AND WOODRUFF, P. C. <br /> <br />LAW OFF'ICES <br /> <br />1002 WALNUT STREET, SUITE 300 <br /> <br />DAVID L. HARRISON <br />.JAMES R. MONTGOMERY <br />TIMOTHY..I. BEATON <br />VERONICA A. SPERLING <br /> <br />BOULDER, COLORADO 80302 <br /> <br />CHARLES N. WOODRUFF <br />(1941-1996) <br /> <br />TELEPHONE: (303) 443-9792 <br />FAX: (303) 443-8796 <br /> <br />COUNSEL <br />RAPHAEL.J. MOSES <br />JOHN WITTEMYE:R <br /> <br />RICHARD J. MEHREN <br />GABRIEL. O. CARTER <br /> <br />ADDRESS CORRESPONDENCE TO: <br />P.O. BOX 1440 <br />BOULDER, CO 80306-1440 <br /> <br />SPECIAL COUNSEL <br />HUNTLEY STONE <br /> <br />October 28, 2002 <br /> <br />Mike Serlet, P.E. Chief <br />Water Supply Planning and Finance Section <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1580 Logan Street, Suite 750 <br />Denver, CO 80203 <br /> <br />Re: <br /> <br />Deferral of Lower Arkansas W ater Mana~ement Association's Contract <br />No. C153715. Mav 2003 Loan Payment. Contract No. C153756. July <br />2003 Loan Pavment and Contract No. C153768. November 2003 Loan <br />Payment <br /> <br />Dear Mike: <br /> <br />This letter is intended to follow-up on our July 10, 2002 letter to you (copy enclosed) <br />regarding the Lower Arkansas Water Management Association's ("LA WMA") need to defer <br />additional future payments under its loans with the Colorado Water Conservation Board ("CWCB"). <br />As we agreed back in July of this year, LA WMA decided to put its formal request to defer additional <br />future payments under its CWCB loans on hold until it had a more definite accounting of its <br />expenditures in the Kansas v. Colorado case. However, in order to provide LA WMA some <br />assurance that it would not have a cash flow problem so that it could move forward with its <br />participation in the trial this last summer, the Board indicated its general approval of the deferral of <br />LA WMA's May 2003 loan payment in the amount $122,000.00 under Contract No. CI53715 at its <br />July 2002 meeting. <br /> <br />The majority of the Kansas v. Colorado trial is now complete (there are only two <br />weeks of trial left in December) and LAWMA has a definite accounting of the expenses it has and <br />will incur as a result of its need and Colorado's desire to have LA WMA participate in the trial. <br />Below is a table that summarizes the legal and engineering costs LA WMA has incurred from 2001 <br />through 2002 in this matter. Please note that the 2002 figures include an estimate of the expenses <br />to be incurred by LA WMA during the two weeks of trial scheduled in December. <br />