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<br />. . <br /> <br />Mr. Carl Bernklau, President <br />Board of Directors <br />West Divide Water Conservancy District <br /> <br />May 30, 1991 <br />Page 2 <br /> <br />It is my further opinion that the Board of Directors of West <br />Divide, its governing body, has the authority to enter into this <br />Contract without a vote of the electors of the district, as this <br />Contract comes within the "water supply exception" of the Colorado <br />Constitution, Article XI, sections 1 and 6. <br /> <br />It is my further opinion that there are no provisions in West <br />Divide's By-laws or resolutions or any other state or local law <br />that prevents this contract from binding West Divide. <br /> <br />It is my further opinion that the Contract will be valid and <br />binding against West Divide if entered into by the state of <br />Colorado. <br /> <br />It is my further opinion that an election is not required for <br />these purposes because the annual repayment obligation will not <br />require a greater expenditure than the annual income and revenue of <br />West Divide as exists presently and may lawfully continue and is <br />estimated to continue during the repayment term of this obligation. <br />In forming this opinion I am relying on section 37-45-139 (1), <br />Colorado Revised statutes (1990 Replacement Volume). <br /> <br />~o1iu~ <br /> <br />RUSSELL GEORGE <br />