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.,. J;--- , . . MA YNES, BRADFORD & SHIPPS ATTORNEYS AT LAW p, 0, Box 2717 303--247-1755 . ~;'f;;;f&f~J(fr;;f;;] d! ,JUL. 18 ""5W' 60 1984 CO'\lS~~~,q!?O W... . .'iI!O/lj " 't!? 801jf(D 125 WV.ST TENTH STREET DURANGO, CoLORADO 81301 FRANK E. (SAM) M"-VNES BYRON V. BR",nFORD THOMAS H, Smpps SARA DUNCAN RJ:IlF::C'CA MICHA}:L July 16, 1984 Colorado Water Conservation Board Department of Natural Resources 823 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 RE: Proposed Contract - San Miguel Water Conservancy District/ Colorado Water Conservation Board Re Feasibility Report on Cone Reservoir Gentlemen: As general counsel for the San Miguel Water Conservancy District, we have been asked to express our legal opinion regarding the validity of the execution of the contract on behalf of the San Miguel Water Conservancy District. At a duly called special meeting of the Board of Directors of the San Miguel Water Conservancy District held on June 4, 1984, the Board authorized Mr. William Bray, duly elected President of the District, to execute the subject contract on behalf of said District. Under the pertinent laws of the state of Colorado, Mr. Bray, as the duly elected President, does have authority to bind the District to the provisions of the subject contract. As a result of the meeting and the action of the Board of Directors at said meeting, the contract was validly approved by the Board of Directors. It is our further opinion that the Board of Directors of the San Miguel Water Conservancy District has the authority to enter into the contract without a vote of its electors inasmuch as the contract comes within the "water supply exception" of the Colorado Constitution, Article XI, Section 1, and that there are no provisions in the state statutes which prevent this contract from binding the San Miguel Water Conservancy District. It is our considered judgment and op~n~on that the contract will be valid and binding against the San Miguel Water Conservancy District if entered into by the state of Colorado. Very truly yours, FEM: ilm ?:?!:~s? ~~- ,_ _~c ,..:~':..--:-'c.~~' -".,~ -"'_'_:~~ -~ ~. .:..==" ,~;.;' ~,--,--.--:--- . .. , }