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<br />,-~ <br />.<~- " <br /> <br />(\ <br /> <br />1\ <br /> <br />P.O. Box 496 <br />Bayfield. CO 81122 <br />303/884-9561 <br /> <br />DIRK W. NELSON <br />Attorney at Law <br /> <br />September 21, 1992 <br /> <br />381 E. Colorado Drive <br />Pine River Plaza <br />FAX 303/884-9856 <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br /> <br />Re Town of Ignacio Irrigation Project Loan <br /> <br />Dear Sir or Madam: <br /> <br />This Opinion Letter is written as the Town Attorney for the <br />Town of Ignacio as part of the loan transaction for the <br />construction of an irrigation water system in the Town. <br /> <br />I have acted in the capacity as counsel to the Town of Ignacio <br />and in this capacity I have reviewed the contract between the Town <br />and the Colorado Water Conservation Board. <br /> <br />Based on the examination of the contract and other relevant <br />documents, it is my opinion that: <br /> <br />1- <br />the Town <br />Town. <br /> <br />The Contract has been signed by the duly elected Mayor of <br />and has been attested by the duly appointed Clerk of the <br /> <br />2, The Contract was approved by the Board of Trustees and <br />the Mayor was authorized to execute the contract on behalf of the <br />Town. A certified copy of the minutes of the described meeting and <br />the Ordinance approving the Contract are attached hereto as <br />Attachment A. <br /> <br />3. The proposed construction falls under the provisions of <br />CRS 31-15-302(e) and Article XI, section 1 and 6 of the Colorado <br />Constitution, or what is commonly known as the water supply <br />exception. As such, the Board is empowered to enter this agreement <br />without an election. <br /> <br />4. The Town of Ignacio is a statutory town, and there is no <br />provision in the Town Code or in the Statutes of the State of <br />Colorado which govern the operation of the Town which would prevent <br />the contract from binding the entity. <br />