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<br />) <br /> <br />CARTER &. <br />SANDS, P.C. <br /> <br />Ma.~ch 8, 1983 <br /> <br /> <br />ORNEYSATLAW <br />TEPHEN L. CARTER <br />EDWARD P. SANDS <br /> <br />227 RAILROAD AVENUE <br /> <br />RIFLE, COLORADO 816 <br /> <br />'....- <br /> <br />., <br /> <br />State of Colorado <br />Department of Natural Resources <br />Colorado Water Conservancy Board <br />1313 Sherman Street <br />Denver, CO 80203 <br /> <br />SUBJECT: City of Rifle - CWCB contracts <br /> <br />Gentlemen, <br /> <br />This office represents the. City of Rifle, Colorado. <br /> <br />On May 15, 1976, by contract No. 4213, the Colorado Water Conservancy <br />Board granted to the City of Rifle approximately $393,000. By a contract <br />No. 7188 dated November 1, 1980, the eweB granted the City $3000,000. <br /> <br />In both cases, these were used for the upgrading of the City's water <br />supply system. <br /> <br />In each case, the contract called for the City to convey by deed lIor <br />other proper conveyance" to the Colorado Water Conservancy Board, <br />Department of Natural Resources, various portions of the project <br />facilities. <br /> <br />The purpose of that requirement was clearly to establish a security <br />interest in the real property and improvements, for the benefit of the <br />CWeB. <br /> <br />Unfortunately, Section 13.2 of the Rifle City Charter provides: <br /> <br />"Neither lands owned and used by the City for park or governmental <br />purposes, nor water rights, shall be sold or conveyed without an <br />affirmative vote of the majority of the-qualified electors." <br /> <br />I question seriously whether or not it would be possible for the City <br />to deed the water rights as required by those contracts. I also wonder <br />whether a conveyance in the form of a mortgage would even be appropriate. <br />