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<br />., <br /> <br />. <br /> <br />. <br /> <br />B1IUSCOJE, ST ANWAY &- HARrJER, r <br />ATTORNEYS AT LAW <br /> <br /> <br />,1112 BRIDGE STREET. P. O. BOX 1211 <br /> <br />HOTClIlKiSS, COLORADO 111419 <br /> <br />(303) 872..3118 <br />fAX (303) 872_4518 <br /> <br />JAMES R. BRISCOE <br />S. GREGG STANWAY <br />STEVEN K. HARPER <br /> <br />October 23, 1992 <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 state centennial Building <br />1313 Sherman Street <br />Denver, CO 80203 <br /> <br />" <br /> <br />ATTENTION: FRANK M. AKERS, P.E. <br />CHIEF PROJECT PLANNING AND CONSTRUCTION SECTION <br /> <br />RE: BEAVER RESERVOIR COMPANY; FEASIBILITY REPORT CONTRACT <br /> <br />Gentlemen: <br /> <br />This letter is to serve as the attorney I s opinion for the <br />Beaver Reservoir Company concerning the Feasibility Report <br />Contract. <br /> <br />Having reviewed the By-Laws of the Beaver Reservoir company <br />and the minutes of annual meetings of the Minnesota Canal and <br />Reservoir Company, Turner Ditch Company and Lone Cabin Ditch and <br />Reservoir Company, as well as the meeting of the Beaver Reservoir <br />company authorizing this project, copies of which are also enclosed <br />herewith, it is my opinion that: <br /> <br />1. The signature of Neil Thompson, the person signing for the <br />Beaver Reservoir Company, is that of an official duly elected or <br />appointed; <br /> <br />2. The person signing for the Beaver Reservoir Company has <br />the authority to bind the company and the Contract has been validly <br />approved by the governing body of the Beaver Reservoir company; <br /> <br />, f' . th) " \ <br />3. The govern~ng body 0 the Beaver Reservo~r Company has e ~D. )/1> <br />authority to enter into the Contract without a vote of its ~\. ~ <br />stockholders/residents since the Contract comes within the "water f'l"'W"I"'U,^, <br />supply exception" of the Colorado Constitution, Article XI, \le' ~I-' <br />Sections 1 and 6; c,~ AS <br /> <br />4. That there are no provisions in the Code or Charter of the <br />Beaver Reservoir Company, nor any other state or local law, that <br />prevents this Contract from binding; and <br /> <br />BRANCH OffICE, 229 GRAND AVE. PAONIA. COI.ORADO 111428 (:W3) 527~4334 <br />