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<br />FREDERICK V. KROEGER <br />Vice-Chairman, Durango <br /> <br /> <br />" <br /> <br />FELIX L. SPARKS <br />Director <br /> <br />..........BENJAMIN F. STAPLETON <br />~ Chairman, Denver <br /> <br />- <br /> <br />lAREN D. MORRill <br />Deputy Oi rector <br /> <br />JOHN H. BROWNELL <br />Hooper <br /> <br />JOHN R. FETCHER <br />Steamboat Springs <br /> <br />RICHARD D. lAMM <br />Governor <br /> <br />C. M. FURNEAUX <br />Walden <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />COlORADO WATER CONSERVATION BOARD <br /> <br />PATRICK A. GORMLEY <br />Grand Junction <br /> <br />ROBERT A. JACKSON <br />Pueblo <br /> <br />B23 STATE CENTENNIAL BUILDING <br /> <br />1313 SHERMAN STREET <br />DENVER. COLORADO B0203 <br /> <br />TELEPHONE <br />(303) 892.3441 <br /> <br />DAVID LEINSDORF <br />Crested Butte <br /> <br />HERBERT H. VANDEMOER <br />Sterling <br /> <br />September 28, 1977 <br /> <br />M E M 0 RAN DUM <br /> <br />TO: Mr. John L. Likes <br />Accounting Branch Manager <br />Division of Administration <br />6060 Broadway <br /> <br />FROM: Felix L. Sparks, Director <br />SUBJECT: Colorado Water Conservation Board Construction Fund <br /> <br />We are in receipt of the returned contract between this board <br />and the town of Rico for the construction of a municipal water project <br />for the town of Rico pursuant to Section 3, Senate Bill No. 35, as <br />enacted by the legislature and approved by the Governor in 1977. The <br />contract with Rico was returned to us with a letter stating that it <br />was not acceptable because other projects set forth in the Senate Bill <br />had not yet been activated. This is not correct. All projects with a <br />higher priority than the town of Rico have been activiated by this <br />board and forwarded to the proper town authorities for execution. All <br />have been returned and sent forward for processing with the exception <br />of the city of Delta. For reasons unknown to us, the city of Delta <br />has not yet returned its executed contract. <br /> <br />It is an absolute impossibility to negotiate contracts based <br />upon a fixed priority. In every case, the state is only advancing a <br />portion of the funds necessary to construct the various projects. In <br />some cases, the other funds necessary may not be forthcoming and the <br />project may never be constructed. For instance, if the first project <br />on the priority list is not constructed because of the nonavailability <br />of other funds or for other reasons determined by the project sponsor, <br />should all of the other projects fail because the first one was not <br />constructed? We think not. Such interpretation would destrcry the <br />intent and purpose of the various project authorizations. We are <br />fully aware of the priority list, and will construct the projects in <br />order of that priority if it is within our power to do so. <br /> <br />In each case, time is of the essence because <br />winter season. The town of Rico, for instance, is now <br />emergency supply being pumped from the Dolores River. <br /> <br />of the approaching <br />existing on an <br />Since we have <br />