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<br />Anthony W Williams <br /> <br />J.D. Snodgrass <br /> <br />William D. Prakkcn <br /> <br />DavidJ. "Iurner' <br /> <br />Mark A. Hermundstad' <br /> <br />SU5an M. Corle <br /> <br />James M. Colosky, p.c. <br /> <br />Kilsten M. Kurath' <br /> <br />Thoma..~ K. Snodgrass <br /> <br />OfGnmul: <br /> <br />Berndt C. Holmes <br /> <br />All Attorneys <br />Admitted in Colorado <br /> <br />'Also Admitted in Utah <br /> <br />GRAND JUNCl10N OFFICE <br />200 N. 6thStrl"et <br />P.O. Box 338 <br />Grand Junction, Colorado <br />81502-0338 <br />Phone 970/242-6262 <br />Fax 970/241-3026 I <br />wthco@aol.com <br /> <br />MOAB OFFICE <br />94 East Grand Avenue <br />Moab, Utah 84532-2830 <br />Phonc435/259-4381 <br /> <br />Wi!ams, Turner & Holmes~C. <br /> <br />ATTORNEYS AT LAW <br /> <br />April 20, 2000 <br /> <br />Colorado Water Conservation Board <br />1313 Sherman Street, Room 721 <br />Denver, CO 80203 <br /> <br />Re: <br /> <br />Contract with Ute Water Conservancy District and the Ute Water <br />Activity Enterprise, Contract Encumbrance No. CI50026 <br /> <br />Dear Water Conservation Board: <br /> <br />We represent the Ute Water Conservancy District ("District") and its <br />Enterprise, the Ute Water Activity Enterprise ("Enterprise"). <br /> <br />The Enterprise was created by a resolution of the Board of Directors of the <br />District adopted on September 14, 1994. Pursuant to the Resolution creating the <br />Enterprise, the governing body of the Enterprise is the Board of Directors of the <br />District. In addition, pursuant to the Resolution creating the Enterprise, all rneetings <br />ofthe Board of Directors shall be considered joint meetings ofthe District and of the <br />Enterprise, unless the notice of the meeting provides otherwise. <br /> <br />The Board of Directors of the District and of the Enterprise held a regular <br />monthly meeting on April 12, 2000. A quorum ofthe Board of Directors was present <br />at that meeting. Upon motion duly made, seconded, and passed by unanimous vote, <br />the Board adopted a resolution approving the above referenced Contract (the <br />"Contract"). A copy of the resolution has been attached to the Contract, and the <br />Contract has been executed by the appropriate officers of the District and the <br />Enterprise. <br /> <br />Pursuant to the Contract, we hereby submit to the Colorado Water <br />Conservation Board the following opinions, as counsel for the District and the <br />Enterprise: <br /> <br />1. The Contract has been duly executed by officers of the District and <br />the Enterprise who are duly elected or appointed and are authorized to execute the <br />Contract and to bind the District and the Enterprise to such Contract. <br /> <br />2. The Resolution of the District and the Enterprise authorizing the <br />execution and delivery of the Contract was duly adopted by the governing body of <br />the District and the Enterprise. <br />