PROJ00213

• Contract/PO #: C153406
• Contractor Name: Handy Ditch Company
• Contract Type: Loan
• Water District: 4
• County: Larimer
• Bill Number: HB 89-1102
• Loan Projects - Doc Type: Contract Documents

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M E M 0 RAN DUM

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Jenifer Gimbel
Chuck Lile
Peter Evans
William p, Stanton, P,E" Colorado Water Conservation Board
Summons for Anderson v, Handy Ditch Co" State of Colorado, et, al.
May 30, 1995

On late Friday afternoon, May 26, 1995, the attached summons was served on the
CWCB by the Denver Sheriff who hand delivered it to Peter Evans, Although the
complaint states on page I that there is an exhibit, there was no attachment to the
copy delivered to our office,

The complaint is from Dean and Betty Jo Anderson of Larimer County, The
Andersons own land that abuts Hertha Reservoir. It appears the dispute is over certain
fishing, hunting, and recreation rights on the reservoir, The plaintiffs are represented
by Karowsky, Witwer, Miller & Oldenburg of Greeley, Colorado,

In accordance with contract #C-153406 dated July I, 1983, the CWCB made a
$363,450 loan to the Handy Ditch Company for the enlargement and improvement of
Hertha Reservoir, As security for the loan, the company pledged an undivided 50%
interest in certain appurtenances located on the reservoir property, The warranty deed
dated December I, 1985 was recorded at the county (copy attached),

Would you please review the summons and help us prepare and submit an appropriate
response? We have 20 days, or by June 15, 1995, to file an answer with the clerk of
the district court in Larimer County,

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From the desk of..

William P. Stanton, P.E.
Chief, Planning ond Construction Section
Colorodo Woter Conservotion Boord
1313 Sherman Street
Denver, Colorado 80203

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