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<br />WARD H. FISCHER (1929-1996) <br />WIL.L1AM H. BROWN <br />WIL.L.lAM C. GUNN <br />WILUAM R. FISCHER <br />MARGARET A. (MEG) BROWN <br />MARGARET A, A.L.THOFF <br /> <br />.SCHER, BROWN &GUNN, P.C. <br /> <br />ATTORNEVS ATl.AW <br /> <br />MAIUNG ADDRESS <br />POST OFfiCE BOX Q <br />FORT COLLINS. CO 80522 <br /> <br />TELEPHONE <br />970/407.9000 <br /> <br />EIGHTH FLOOR . FIRSTTOWER <br />215 WEST OAK STREET <br />FORT COL.L1NS, COLORADO 80521 <br /> <br />FAX <br />970/407.1055 <br /> <br />E.mail: fbg@lrii.com <br /> <br />December 13, 2000 <br /> <br />Ms. Janis lilian, Contract Administrator <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />13 13 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: Loan contract C 150052 <br /> <br />Dear Ms. lIIian: <br /> <br />The above referenced loan contract (currently undated and unsigned) between the Tunnel Water <br />Company and the Colorado Water Conservation Board (CWCB) in the amount of$1 ,600,000, more or <br />less, recites a variety of procedures on page 2 of 12, Section A.l" which the borrower (The Tunnel Water <br />Company, hereinafter "TWC") is to follow during the construction phase of the project (repair of the <br />Laramie-Poudre Tunnel). <br /> <br />The TWC Board of Directors, recognizing that the collapse of certain portions of the Laramie- <br />Poudre Tunnel constituted an emergency and that it was important to immediately proceed with repair <br />work to attempt to assure the delivery of water through the Tunnel in the 200 I irrigation season, at Icast in <br />part, immediately began working to effectuate repairs. As you know, TWC has already selected a <br />engineering firm (Rocky Mountain Consultants (RMC)), has already entered into a contract with RMC, <br />has entered into a contract with the firm to do the work at the site, and that the construction firm has <br />already begun construction. <br /> <br />Section A.I. subparagraphs a, through g. of the Loan Contract requires, in various respects, that <br />the CWCB staff review and approve of various documents or be present at certain times or agree to the <br />selection of a construction firm or verify various documents comply with the terms of the contract. This <br />will confirm that the Tunnel Water Company is already well along in effectuating the repairs to the <br />Tunnel and did not involve the CWCB staff in accordance with paragraphs A. i. a through g.; but that the <br />CWCB staff is aware of the above, the status of the project and that the CWCB staff has, even after the <br />fact, made the required verifications, approvals, acceptances, and the like. <br /> <br />Very truly yours, <br /> <br /> <br />William R. Fischer <br /> <br />WRF/al <br />cc: Tunncl Water Company <br /> <br />wrf\wS&s\tUl1nel water company\illian Ite re loan contract cl50052 12-5-00.doc <br />