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<br />) <br /> <br />) <br /> <br />BRISCOE. STANWAY & HARPER, P.C. <br />ATIORNEYS AT LAW <br /> <br />July 5, 1988 <br /> <br />102 BRIDGE STREET. P. O. BOX 120 <br />HOTCHKISS. COLORADO 81419 <br />(303) 872-3118 <br /> <br />JAMES R. BRISCOE <br />5. GREGG 5T ANWAY <br />STEVEN K. HARPER <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />721 State Centennial Building <br />1313 Sherman Street <br />Denver, Co 80203 <br /> <br />RE: Loan to Lone Cabin Ditch and Reservoir Company <br /> <br />Gentlemen: <br /> <br />As attorney for Loan Cabin Ditch and Reservoir Company, t~writing <br />this letter in compliance with your requirements letter dated June 2, <br />1988, to provide t~e following opinions: <br /> <br />1. The signature of James R. Briscoe who signed Contract on <br />behalf of Lone Cabin Ditch and Reservoir Company,istrict, is that of <br />the president (or chairman) duly elected or appointed. <br /> <br />2. James R. Briscoe has the authority to bind Lone Cabin Ditch <br />and Reservoir company, and the contract has been validly approved by <br />its governing body (Minutes attached). <br /> <br />3. The governing body (Board of Directors) has the authority to <br />enter into the contract, without the necessity of a vote of its <br />stockholders/residents as such contract comes within the "water supply <br />exception" of the Colroado Constitution, Article XI, Section 1. <br />.... <br /> <br />no provisions in the entity's code or charter, or <br />local law, that prevents the contract from binding <br /> <br />any <br />the <br /> <br />4. There are <br />other state or <br />entity. <br /> <br />5. <br />Ditch and <br />State. <br /> <br />The Contact will be valid. and binding against the Lone Cabin <br />Reservoir Company, the Contractor, if entered into by the <br /> <br />JRB/ df <br /> <br /> <br />truly yours, <br /> <br />~~~ <br /> <br />R. Briscoe <br /> <br />BRANCH OFFICE, 229 GRAND AVE. PAONIA. COLORADO 814-28 (303) 527-4-334 <br />