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<br />< <br /> <br />. <br /> <br />. <br /> <br />STUVER & GEORGE, P.C. <br />ATTORNEYS AT LAW <br />120 WEST THIRD STREET <br />P. o. BOX 907 <br />RIFLE, COLORADO 81650 <br /> <br />May 30, 1991 <br />THOMAS w. STUVER TELEPHONE 303 4 625-1887 <br />RUSSELL GEORGE FAX 303 _ 625-4448 <br /> <br />Mr. Carl Bernklau, President <br />Board of Directors <br />West Divide Water Conservancy District <br />P.o. Box 1478 <br />Rifle, Colorado 81650 <br /> <br />Re: Alsbury Reservoir <br /> <br />Dear Mr. Bernk1au: <br /> <br />At the request of the Board of Directors I have reviewed the <br />proposed Contract between West Divide and the state of Colorado by <br />which West Divide would propose to borrow $70,000 from Colorado for <br />construction of Alsbury dam and reservoir. <br /> <br />For purposes of this letter opinion, I have reviewed the form <br />of Contract and attached exhibits that have been signed by David <br />Walker and were recently submitted to West Divide. I have also <br />reviewed the By-laws of West Divide and applicable statutes. <br /> <br />It is my opinion, based upon the action of the Board of <br />Directors of West Divide on May 29, 1991, that you as President of <br />West Divide are authorized to sign the Contract and its related <br />collateral documents. As the result of my having been general <br />counsel for West Divide for a number of years I have represented <br />the District in causing the District Court to appoint you as a <br />director of West Divide. I was in attendance at the Board of <br />Director I s meeting in which you were most recently elected as <br />President of the Board of Directors. Accordingly , it is my opinion <br />that you, Carl Bernklau, are the duly appointed and elected <br />official with the authority to sign on behalf of West Divide. <br /> <br />It is my further opinion, that you, Carl Bernklau, have the <br />authority to bind West Divide and that the Contract has been <br />validly approved by the Board of Directors of West Divide, which is <br />its governing body. This opinion is based upon my attendance at <br />the Special Board meeting on May 29, 1991, in which the Board <br />approved the Contract and authorized and ordered its execution and <br />West Divide's performance thereunder. I understand that you and <br />the secretary will provide to Colorado a certified copy of the <br />minutes of that meeting. I have also reviewed the resolution of <br />the Board of Directors arising out of that meeting and it is my <br />opinion that the resolution is valid and accurately represents the <br />intent and action of the Board of Directors. <br />