C153771 Feasibility Study

• Contract/PO #: C153771
• Contractor Name: Horse Creek Water Users Association
• Contract Type: Loan
• Water District: 17
• County: Crowley
• Bill Number: HCL
• Loan Projects - Doc Type: Feasibility Study

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PARCEL, MAURO, HULTIN & SPAANSTRA,:P. C.

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ATTORNEYS AT LAW

Coio;ado Water
Conserva1ion Board

SUITE 3600

1801 CALIF"ORNJA STREET

DENVER, COLORADO 80202-2636

TELEPHONE [phone]

TELECOPfER [phone]
E-Mail: [e-mail]

DIRECT DIAL
[phone]

I WILLIAM A. HILLHOUSE II

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May IS, 1997

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,,,"I' 1 () 1997
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VIA HAND DELIVERY

Coiorado Water
conservation Board

Mr. John Van Sciver
Colorado Water Conservation Board
Department of Natural Resources
721 State Centennial Building
1313 Sherman Street
Denver, Colorado 80203

Re: Horse Creek Water Users Association

Dear John:

I am writing to follow up on our telephone conversation this morning concerning the CWCB
loan to the Horse Creek Water Users Association ("HCWUA"). As you know, when the CWCB
approved the loan to HCWUA on January 29, 1997, it made the loan "contingent UPOi1 settlement
of the lawsuit regarding the State Engineer's well pumping rules and involving the junior well water
users in the Horse Creek Basin." We believe that this contingency now has been satisfied.

The lawsuit referred to must be Case No. 95 CW 211, the State Engineer's Amended Rules
and Regulations case. On March 19, 1997, in response to ajoint motion filed by the State, HCWUA,
and the Box Springs Canal and Reservoir Company ("Box Springs"), the Water Court entered an
Order recognizing the parties' settlement and putting the Amended Rules into effect in the Horse
Creek Basin. A copy of that Order Granting Joint Motion is enclosed for your files. Please note
particularly paragraph 3, which reads as follows:

Subject to the right ofHCWUA to set aside this determination if the
contingencies within the Settlement Agreement are not satisfied, the
Court determines that the Amended Rules, including Rule 5 thereof,
are valid and applicable within the Horse Creek Basin. The Court
intends this determination to satisfy the condition in the decision by
the Colorado Water Conservation Board on January 29, 1997 to
award a loan to HCWUA, which requires settlement of the lawsuit
regarding the State Engineer's well pumping rules, and involving the
junior well users in Horse Creek.