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<br />I <br /> <br />, <br /> <br />WILLIAM O. <br />POB <br />COLLBRAN, <br /> <br />PERRY, JR. <br />431 <br />CO. 81624 <br /> <br />July 16, 1990 <br /> <br />COLORADO DEPARTMENT OF NATURAL RESOURCES <br />COLORADO WATER CONSERVATION BOARD <br />721 STATE CENTENIEL BUILDING <br />1313 SHERMAN ST. <br />DENVER, COL 80201 <br /> <br />REFERENCE: DEPARTMENT AGENCY # 34-04-00 LETTER, COLORADO WATER <br />CONSERVATION BOARD, WITH ENCLOSURES, DATED JULY 11, 1990, <br />RELATING TO ABOVE #34-04-00 <br /> <br />Dear Sir: <br /> <br />I have reviewed the enclosures to the above referenced letter, <br />together with: <br />1. Minutes of Meeting of July 16, 1990 (EXHIBIT A); <br />2. Resolution of Special Meeting July 16, 1990: "AUTHORIZATION <br />TO CONTRACT LOAN DEBT AND REPAYMENT; AUTHORIZATION TO EXECUTE WARRANTY <br />DEED AND SECURITY AGREEMENT; AUTHORIZATION TO ENTER INTO CONTRACT WITH <br />STATE (EXHIBIT B) <br />3. Articles of Incorporation of Highline-Buzzard Ditch Company, <br />INC. (EXHIBIT C); <br />4. By-laws of Highline-Buzzard Ditch Company, Inc. (EXHIBIT D) <br /> <br />Based on my review of the above documents it is my opinion that: <br /> <br />1. The signatures of Arza L. Mills, President, and James M. Cole, <br />Secretary-treasurer of the Highline-Bu2zard Ditch Company, Inc. <br />(hereafter, "Company") are those of officials duly elected in <br />accordance with the By-laws and Articles of Incorporation of the <br />Company. <br /> <br />2. The President and Secretary-Treasurer who have signed for the <br />Company have the authority to bind the Company and the contract was <br />validly approved at a Special Meeting of the shareholders on July 16, <br />1990. A certified copy of the Minutes of the Meeting of July 16, 1990 <br />approving the contract are attached as EXHIBITS A AND B. <br /> <br />3. There are no provisions in the Company's Articles of Incorporation <br />or its By-laws, nor any other state or local law, that prevents the <br />contract from binding the Company. <br /> <br />4. The contract will be valid and binding against the Company, if <br />entered into by the State. <br /> <br />I did not review the Certificate of Incorporation <br />of the State's office because it was not available. <br />the Company under separate cover. <br /> <br />from the Secretary <br />It will be sent by <br />