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<br />The Ute tribes are not subject to the state open-meetings law. The Southern Ute Indian
<br />Tribe hosted the meeting.
<br />
<br />Who was there
<br />
<br />Forty-four people from 12 Colorado and
<br />New Mexico public and private entities
<br />attended a closed meeting at the
<br />Southern Ute Casino in Ignacio in
<br />August to discuss a 48 percent increase
<br />in construction costs for the Animas-La
<br />Plata Project. The entities and their
<br />representatives (lawyers David Robbins
<br />and Sam Maynes appear twice):
<br />
<br />Animas-La Plata Conservancy
<br />District: Lawrence Huntington, Pat
<br />Greer, Mike Griswold, David Robbins,
<br />Lynn Herkenhoff, Doris Brennan, Gene
<br />Bradley, Bob Taylor, Charlie and Frieda
<br />Blassingame, Mark Langford, Fred
<br />Kroeger, Sam Maynes.
<br />
<br />Ute Mountain Ute Tribe: Dan Israel,
<br />Preston Corsa, Selwyn Whiteskunk,
<br />Dave Roberts, Sharon Cole, Robin
<br />Halverson, Dana Hill, Lynn Hartman,
<br />Terry Knight, Peter Ortega, Harold
<br />Cuthair.
<br />
<br />San Juan Water Commission: Randy
<br />Kirkpatrick, Cy Cooper, Jim Dunlap,
<br />Keith Lee, Elizabeth Taylor, Joe Hall.
<br />
<br />Southern Ute Tribe: Melvin Baker,
<br />Joycelyn Dutchie, Pathimi Goodtracks,
<br />Sam Maynes, Howard Richards Sr.,
<br />Scott McElroy.
<br />
<br />City of Durango: Wiiliam Ramaley,
<br />Jack Rogers.
<br />
<br />Colorado Water & Power
<br />Development Authority: Daniel Law,
<br />Steve Harris.
<br />
<br />Southwest Water Conservation
<br />District: David Robbins.
<br />
<br />Navajo Nation: John Leeper.
<br />
<br />City of Farmington: Shawn Williams.
<br />
<br />Colorado Water Conservation Board:
<br />Carolyn Fritz.
<br />
<br />Denver attorney Dave Robbins, who represents the
<br />A-LP and Southwest water districts, said the A-LP
<br />staff did advertise the meeting even though the A-
<br />LP board did not convene it. The staff posted a
<br />meeting notice on its office door at 835 East Second
<br />Ave., he said.
<br />
<br />"In an excess of caution, (the A-LP district) put a
<br />notice on the door that says there's going to be a
<br />meeting," said Robbins, who attended.
<br />
<br />Robbins said that notice was mailed to members of
<br />the public and the Herald on Aug. 12, but neither
<br />the Herald nor the opponents received it.
<br />
<br />Even ifmembers of the public had been invited,
<br />they wouldn't have been able to listen. The groups
<br />immediately called an "executive session" closed to
<br />outsiders.
<br />
<br />Robbins said the supporters had a right to close the
<br />meeting because they discussed potential litigation.
<br />He wouldn't say what litigation.
<br />
<br />"We don't know. We're trying to figure that out,"
<br />Robbins said. "The only people at the meeting were
<br />potential co-participants (of the project) discussing
<br />their legal strategies."
<br />
<br />He said he couldn't discuss the details of the
<br />meeting because of attorney-client privilege.
<br />
<br />Denver attorney Tom Kelley, a media lawyer whose
<br />clients include The Durango Herald, questioned
<br />whether that privilege was valid because so many
<br />different groups were present.
<br />
<br />"This is not an appropriate attorney-client
<br />conference, and the public is entitled to know what
<br />was said," Kelley said.
<br />
<br />Durango Public Works Manager Jack Rogers said
<br />the participants agreed not to blame each other for
<br />the cost increase and to get the U.S. Bureau of
<br />Reclamation to accept all responsibility for it. The
<br />bureau has agreed to accept the blame.
<br />
<br />Kogovsek & Associates: Christine Cone said the San Juan Water Commission board
<br />Arbogast. has violated New Mexico open-meetings law
<br />before. "We've had a lot of trouble trying to get
<br />UMU Farm & Ranch Enterprise: Paul information from them," he said.
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