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<br />." .. ~ . <br /> <br />. <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />August 29, 1985 <br />Page 2 <br /> <br />3. That the governing body of the entity has the authority <br />to enter into the contract without a vote of its <br />stockholders/residents, as this contract comes within <br />the "water supply exception" of the Colorado Constitu- <br />tion, Article 11, Section 1. <br /> <br />4. That there are no provisions in the entity's code or <br />charter or any other state or local law that prevents <br />this contract from binding the entity. <br /> <br />5. That the contract will be valid and binding against the <br />entity if entered into by the State. <br /> <br />I wish to call the attention of the State of Colorado to the <br />fact that Fuchs Ranches, Inc. does not own the land on which the <br />service spillway and emergency spillway of the rehabilitated Fuchs <br />Dam, with all appurtenances attached thereto, is located. Fuchs <br />Ranches occupies the property on which the dam is located under <br />and by virtue of a reservoir right-of-way issued to Fred Fuchs <br />dated February 19, 1931 and bearing Pueblo Forest Service <br />No. 054424, a copy of which is attached to this opinion. <br /> <br />Although Fuchs Ranches, Inc. is unable to give the State of <br />Colorado the warranty deed referred to in paragraph 5 of the <br />project contract, it is willing and binds itself to assign a 64% <br />interest in the reservoir right-of-way referred to above, subject <br />to the approval of the United States Department of Agriculture as <br />provided in said reservoir right-of-way. <br /> <br />If you desire anything further, please advise me. <br /> <br />Very truly, <br /> <br />MOSES, WITTEMYER, HARRISON <br />AND WOODRUFF, P.C. <br /> <br />By <br /> <br /> <br />RJM:slh <br />encs. <br />