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1<!~n~.l=~41.l..9J_ ':Pu.'~"'J\_ d~tJ.._ 1 '=--_- - .. -~--:--:7--- ;. IJJ2296 MEETING Colorado, New Mexico open - meetings laws at issue From Page lA Conservancy District and the San Juan Water Commission in New Mexico, according to a sign-in sheet. The groups, which also included representatives from Durango and the state of Col- orado, met to discuss why costs for the water-storage pro. ject had gone up by$162.1 m~- lion, ~ 48 percent increase. Under Colorado law, any time a quorum or three or more members of a local pub- lic body meet, whichever is fewer, the public must be noti- fied and allowed in. New Mexi- co has a similar law. The Col- orado law covers conservation and conservancy districts. The Ute tribes are not sub- ject to the state open-meetings law. The Southern Ute Indian Tribe hosted the meeting. Denver attorney Dave Rob- bins, who represents the A-LP and Southwest water districts, said the A-LP staff did advenise the meeting even though the A-LP board did not convene it. The staff posted a meeting notice on its office door at 835 East Second Ave.. he said. Robbins said that notice was mailed to members of the pub- lic and The Durango Herald Aug. 12, but neither the Herald nor the opponents received it. Even if members of the pub- lic had been invited, they wouldn't have been able to lis- ten. The groups immediately called an "executive session" closed to outsiders. Robbins said the supporters had a right to close the meeting because they discussed poten- tiallitigation. He wouldn't say what litigation. "We don't know. We're trying to figure that out," Robbins said. "The only people at the meeting were potential co-par- ticipants (of the project) dis- cussing their legal strategies." Denver attorney Tom Kelley, a media lawyer whose clients include the Herald, questioned whether that privilege was valid because so many differ- ent groups were present. "This is not an appropriate attorney-client conference. and the public is entitled to know what was said," Kelley said. Durango Public Works Man- ager Jack Rogers said the par- ticipants agreed not to blame each other for the cost increase and to get the U.S. Bureau of Reclamation to accept all. responsibility for it. The bureau has agreed to accept the blame. Cone said the San. Juan Water Commission board has violated New Mexico open- meetings law before. "We've had a lot of trouble trying to get information from them," he said. Elizabeth Taylor, a Farming- ton lawyer who represents the San Juan commission, said only two voting commissioners were present. As a result, she said, New Mexico open-meet- ings rules did not apply. Still, she said, the commission fol- lowed the law. "I can .tell you the commis- sion always follows the open- meeting laws," said Taylor, who wouldn't say what was said at the meeting. "They are always very concerned about it and take it very seriously." Lawyers for four groups that attended tile meeting the Ani- mas-La Plata Conservancy Dis- trict, the San Juan Water Com- mission, and the Ute Mountain Ute and Southern Ute tribes signed a nondisclosure agree- ment a week later promising not to reveal to the public what they are telling the bureau about their knowledge of the cost increase. At least two other meetings were held for supporters of the project, but they were held in Denver and included only the groups' attorneys, Robbins said. C/wrles Ashby can be reached at chasby@durallgolzerald.com.