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<br />. <br /> <br />. <br /> <br />Frank E. (Sam) Mayna. <br />Thoma. H, Shipp. <br />Sara Duncan <br />Janiea C. Shaftal <br /> <br />MAYNES, BRADFORD & SHIPPS <br /> <br />ATTORNEYS AT LAW <br /> <br />Po.t Office Box 2717 <br />Old Main Post Office Professional Building <br />1060 Main Avenue, Suite 103 <br />Durango, Colorado 81302-2717 <br /> <br />(303) 247-1755 <br /> <br />July 2, 1987 <br /> <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street, Room 823 <br />Denver, CO 80203 <br /> <br />RE: Proposed Feasibility Report Contract <br />Department of Natural Resources (Colorado Water Conservation <br />Board) ISan Miguel Water Conservancy District <br />Re Feasibility Report on Pumped Storage Hydropower Project <br /> <br />Gentlemen: <br /> <br />As General Counsel for the San Miguel Water Conservancy District, we <br />have been asked to express our legal opinion regarding the validity of the <br />execution of the above-referenced contract on behalf of San Miguel Water <br />Conservancy District. At a duly called special meeting of the Board of <br />Directors of San Miguel Water Conservancy District, the Board of Directors <br />authorized Mr. William Bray, duly elected President of the District, to <br />execute the subject contract on behalf of said District. Under the <br />pertinent laws of the state of Colorado, Mr. Bray, as the duly elected <br />President, does have authority to bind the District to the provisions of the <br />subject contract. As a result of the meeting and the action of the Board <br />of Directors at said meeting, the contract was validly approved by the <br />Board of Directors. <br /> <br />It is our further opinion that the Board of Directors of the San Miguel <br />Water Conservancy District has the authority to enter into such a contract <br />without the vote of its electors inasmuch as the contract comes within the <br />"water supply exception" of the Colorado Constitution, Article 11, Section <br />1, and that there are no provisions in the state statutes which prevent <br />this contract from binding the San Miguel Water Conservancy District. It <br />is our judgment and opinion that the contract will be valid and binding <br />against the San Miguel Water Conservancy District if entered into by the <br />State of Colorado. <br /> <br />Respectfully submitted, <br /> <br /> <br />~~ <br /> <br />FEM:ilm <br />cc: William Bray <br />