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III IIIIIIIIIIIII III ~ C~ ~ . ,./ ~„ ~~ ~°_a ~~ \9 N ~ .,. `; .~~~ ~e~6 Duane Woodard Attorney General C harle5 B. Howe Cn~el Deputy attorney General Richard H. Forman Solicitor General Lhr ~Iafr of (tali ' DEPARTMENT OFI~ OFFICC OF THE ATTORd[Y GL July 22, 1988 Ms. Lindeke S. Trumbly, Esq. K NEnergy, Inc. P.O. Box 15265 Lakewood, Colorado 80215 Mr. Bob Holder Colorado Division of Wildlife 207 Estrella Trinidad, Colorado 81082 c,-~.~,7., c; / SFRVIC ES BUIL DIn'G 1 ~~ ,Herman Slre el C~~ r, Colo ratlo 80203 E66-367 7 d 866~362t ~U ~~~ ~' ~ -- ~~~ AUG ~ ° 1988 MINED LAND !~~C~ 4AAGT(ONJ11/!5'(Qnl RE: Purgatoire River Conservation (Public Fishing) Easement in Gross Dear Ms. Trumbly and Mr. Holder: Attached for your review and consideration is my first draft of a proposed contract providing for the Wyoming Fuel Company to transfer a perpetual conservation easement in gross to the Colo- rado Division of Wildlife for public fishing and fisr._ng manage- ment on the Purgatoire River. It is based on our discussions of July 5, 1988, and Bob's subsequent memo to me through Ron velarde. I'll be out of town from July 29 through Aucust 7 and have not had time to run my draft by Bob prior to my denature. Be aware, therefore, that Bob or his suaervisors may want to make some minor chances to the draft. Exhibit "A" would be a map showing the stretch of river subject to the easement. Bob has proposed a stretch for fly and lure fishing only (black dashed line) and a stretch for bait fish- ing (yellow line). With respect to the tax consequences of conservation easements, see section 38-30.5-109, C.R.S. (1962). The Division would, of course, not be subject to taxation of its interest after the trans- fer. Statutor}' provisions that are relevant to Wyoming Fuel's potential liability are: (a) sections 13-21-115, C.R.S., general limits on landowner liabilit}~; (b) article 41 cf title 33, liability