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<br />RECEiVED
<br />JAN 3 1 1996
<br />
<br />White & Jankowski
<br />
<br />CoIORIdo Water
<br />Conserva~on Board
<br />
<br />Lawyers
<br />
<br />~g[Q)
<br />
<br />January 29, 1996
<br />
<br />VIA TELECOPY
<br />Fax No" 866-4474
<br />
<br />William p, Stanton, P,E,
<br />Colorado Water Conservation Board
<br />1313 Sherman Street, Room 721
<br />Denver, CO 80203
<br />
<br />Re: Open Records Act Request
<br />
<br />Dear Mr. Stanton:
<br />
<br />Last week I spoke to Mi!<:e Serlet of your office to seek pennission to review files concerning
<br />contracts between the CWCB and the Trinchera Irrigation Company relating to the Mountain Home
<br />Reservoir. Mr. Serlet explained that he would not be available until today, and he wanted to be present
<br />when I reviewed the files,
<br />
<br />Today I reviewed the files in your office, Mr, Serlet did not tell me that certain documents had
<br />been removed from the files until I asked about an opinion letter from Trinchera Irrigation Company's
<br />counsel that was noticeably absent. He explained that the opinion letter was marked confidential, and
<br />he had removed all such documents from the files,
<br />
<br />The opinion letter was a necessary part of the application for a government loan of approximately
<br />$600,000 and, as such, is a public record, Indeed, Dennis Miller of your office advised the Trinchera
<br />Irrigation Company of this fact in a letter dated July 28, 1993, There should have been no expectation
<br />on the part of the applicant that this document would be kept confidential.
<br />
<br />Despite pointing this out to Linda Bassi, an attorney from the ~ttorney General's Office, I was
<br />advised that I would have to submit a written request under the Open Records Act. Request is hereby
<br />made pursuant to SS 24-72-201 to -206, C,R.S" for public records to be inspected and, after our
<br />inspection and further direction, copies of the materials to be furnished at a reasonable fee as
<br />contemplated by S 24-72-205(1), As used herein, the term "documents" includes all writings referred
<br />to in S 24-72-203(5) and (6), C,R.S" and also includes, without limitation, correspondence, other written
<br />messages or communications, reports, studies, evaluations, memoranda, notes of meetings or
<br />conversations, basic data, field notes, diaries, work sheets, drawings, graphs, charts, maps, photographs,
<br />court decrees or rulings, sound reproductions, computer-stored information, computer models, computer
<br />runs or other computer output, and other matter from which information may be obtained or translated,
<br />if necessary, through detection devices, into reasonably usable form, The term "document" or
<br />"documents" includes, without limitation, any preliminary, revised, superseded, or otherwise replaced
<br />
<br />Pur-d u vYI
<br />
<br />Kittredge Building, 511 Sixteenth Street
<br />Denver. Colorado 80202 (303) 595.9441
<br />
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