CT2017-2878 Attorney Opinion Letter

• Contract/PO #: CT2017-2878
• Contractor Name: Orchard Mesa Irrigation
• Contract Type: Loan
• Loan Projects - Doc Type: Contract Documents

WILLIAMS, TURNER & HOLMES, P.C.
ATTORNEYS AT LAW
Susan M.Corle Kirsten M.Kurath
Shareholder
Kirsten M.Kurath [e-mail]
[phone],Ext.236
Phillip J.Jones*
Jeffrey L.Driscoll April 20, 2017
of Counsel VIA FED EX
Douglas V.Johnson Colorado Water Conservation Board
1313 Sherman Street
Denver, CO 80203
All Attorneys Re: Orchard Mesa Irrigation District
Admitted in Colorado
*Also Admitted in Florida CWCB Loan Contract No. CT 2017-2878 ("Loan Contract") !,
Dear Board:
Anthony W.Williams
(1926-2007)
We represent the Orchard Mesa Irrigation District ("the District"). The District
Warren L.Turner(1926-2003) has asked us to provide the attorney's opinion letter required by Paragraph 8 of the
Loan Contract.
Berndt C.Holmes
Retired
We have reviewed certain records with the District. Based upon our review of
those records and discussions we have had with the District's Manager, Max Schmidt,
our opinions are as follows:
1. The Loan Contract, Promissory Note (Appendix 3), and Security
Agreement (Appendix 5), previously sent to you by the District, were duly executed
by Bruce Talbott, as President, and Melvin Rettig, as Secretary of the District's Board
of Directors ("District Board"). Both Mr. Talbott and Mr. Rettig were elected to a
three year term as a director of the District at the District's annual meeting of
landowners on January 7, 2016. Mr. Talbott was most recently elected President of the
District Board, and Mr. Rettig was most recently elected Secretary of the District
744 HorizonJunction,
Court,Suite ado Board at a regular meeting of the District Board on January 12 2017. They will
Grand Junction,Colorado > >
81506 continue to serve in these positions until the regular Board meeting in January 2018.
Post Office Box 338
Grand Junction,Colorado
81502-0338 2. The District Board held a general election of the landowners in the District
Phone:[phone] on January 12, 2017, in Palisade, Colorado. I was present at the meeting. At the
Fax:[phone] meeting, the landowners voted to authorize the District to enter into a binding loan
www.wth-law.com contract with the State of Colorado Water Conservation Board, for the Grand Valley
Power Plant Rehabilitation in an amount not to exceed $1,700,000.00, at an interest rate
not to exceed 2.0% with a term of 30 years. A copy of the ballot used for the landowner
vote is provided with this letter.