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<br />. <br /> <br />. <br />STATE OF COLORADC <br />8 <br /> <br />COLORADO WATER CONSERVATION BOARD <br />Department of Natural Resources <br />721 State Centennial 8uilding <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br /> <br />MEMORANDUM <br /> <br />Roy Romer <br />Covernor <br />I. Willi"m McOoftilld <br />Direaor <br />O.vid W. Walker <br />Deputy Director <br /> <br />TO: <br /> <br />Cli!!or~ Hall. <br /> <br />Da~d~lker <br /> <br />State Controller <br /> <br />FROM: <br /> <br />DATE: August 9, 1990 <br /> <br />SUBJECT: Weeminuche Water Project Encumbrance <br /> <br />The conduct of construction of the Towaoc municipal water <br />supply project by this agency has been a difficult process. <br />Not only is it one of the largest projects in our experience <br />but because we are the owner our role is one of direct <br />responsibility rather than assistance and advice. Further. the <br />project is an especially sensitive one since it represents <br />fulfillment by the State of Colorado of a major commitment to <br />the Ute Mountain Ute Tribe to provide a safe reliable municipal <br />water supply. The pipeline project is a specific state <br />requirement in a reserved water rights settlement agreement <br />with the Tribe. That commitment included a deadline for water <br />service which we were unable to meet despite our best efforts. <br />The delay was caused by an unwillingness and possible inability <br />of the Tribe to acquire the project rights-of-way: this agency <br />believing it did not have that responsibility since the project <br />will Ultimately be owned by the Tribe. Land acquisition was <br />stalled until this agency obtained specific statutory authority <br />to condemn land for this project. As a result the contractual <br />condition to make rights-of-way available according to the <br />negotiated schedule in the original contract could not be met. <br /> <br />I offer those comments as background for our request for <br />approval of a second amendment to the State's contract with the <br />Weeminuche Construction Authority. the construction contractor. <br /> <br />The amendment provides for additional payments to <br />Weeminuche which will result in total project costs in excess <br />of the current $6 million encumbrance. We proceeded in good <br />faith to reach settlement of pending claims since we knew. by <br />virtue of the statutory authorization concerning adjustments by <br />virtue of inflation. state requirements. or changes in design. <br />that it would be justifiable to increase the encumbrance. I <br /> <br />30S0E* <br />