Physical Communications Records Request

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, we hereby request the following records:

Copies of any and all physical, printed, written, paper, or hard-copy communications or correspondence received by, transmitted from, or held by Colorado Special District "Prairie View Ranch Water District, LLC" Colorado DOLA ID# 65978 ("the District") ( https://dola.colorado.gov/dlg_portal/filings.jsf?id=65978 ) that are subject to Colorado Open Records Act (CORA). These documents and records shall be collectively referred to as "Materials". The type of the Materials shall include but not be limited to letters, messages, correspondence, publications, public notices, and documents submitted or transmitted to other agencies that are subject to CORA law; and shall include any and all attachments, forwards, and files that were originally included with the Materials.

This request shall include any and all Materials regarding District business, operations and finances and assets, including but not limited to: Elections, election results, cancellation of elections, water tap fees, plant investment fees, Colorado Certified Water Professional, Certified Operator, water softeners, reverse osmosis, sediment filters, water pumps, pump house, storage tanks, sanitation, chlorine, water treatment, chemistry, water samples, Colorado Department Of Public Health, maintenance, inspections and Sanitary Surveys, construction and construction equipment, water rights, and the water wells having Colorado Division of Water Resources Final Permit numbers 1253-RFP, 1254-RFP and 1255-RFP. Materials shall include exchanges between the District's Board members including Daniel Harrison, and the District's subcontractors and service providers, including the business entity known as "Harrison Homes Inc" or "Harrison Homes LLC" having CO Secretary Of State business entity ID# 20181519933.

This request shall also include any and all Materials involving business and/or transactions with the similarly-named yet distinct business entity "Prairie View Ranch Water District LLC" having CO Secretary Of State business entity ID# 20041352078.

This request shall also include any and all Materials involving the entity(ies) "G&P Enterprises" referred to in the document "RULES and REGULATIONS FOR WATER SERVICE" with heading "Prairie View Ranch Water District LLC 2015-2016" (attached to this request for reference).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

As of the date of this request, the District does not have a written and published CORA Policy on file viewable to the Public in order to notify the Public in advance of the fees, therefore the District cannot charge fees for production, photocopying, printing or shipping/transmission of the requested Materials. The following URL links to a PDF document from the law offices of Seter & Vander Wall, P.C. explaining the essentials of how CORA law applies to Special Districts: https://svwpc.com/wp-content/uploads/2016/08/CORA-Webinar-re-HB-14-1193-Seter-and-Vander-Wall-PC.pdf

In the unlikely case that there is a valid CORA Policy published and viewable to the Public prior to this request, we would be grateful if you would provide a total cost for the records retrieval. We would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Otherwise, photocopy or laser-printer format shall be accepted.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 30 days.

Sincerely,

Parties concerned with CO Public Water System ID# CO0144621

To Whom It May Concern:

Pursuant to the Colorado Open Records Act, we hereby request the following records:

Copies of any and all physical, printed, written, paper, or hard-copy communications or correspondence received by, transmitted from, or held by Colorado Special District "Prairie View Ranch Water District, LLC" Colorado DOLA ID# 65978 ("the District") ( https://dola.colorado.gov/dlg_portal/filings.jsf?id=65978 ) that are subject to Colorado Open Records Act (CORA). These documents and records shall be collectively referred to as "Materials". The type of the Materials shall include but not be limited to letters, messages, correspondence, publications, public notices, and documents submitted or transmitted to other agencies that are subject to CORA law; and shall include any and all attachments, forwards, and files that were originally included with the Materials.

This request shall include any and all Materials regarding District business, operations and finances and assets, including but not limited to: Elections, election results, cancellation of elections, water tap fees, plant investment fees, Colorado Certified Water Professional, Certified Operator, water softeners, reverse osmosis, sediment filters, water pumps, pump house, storage tanks, sanitation, chlorine, water treatment, chemistry, water samples, Colorado Department Of Public Health, maintenance, inspections and Sanitary Surveys, construction and construction equipment, water rights, and the water wells having Colorado Division of Water Resources Final Permit numbers 1253-RFP, 1254-RFP and 1255-RFP. Materials shall include exchanges between the District's Board members including Daniel Harrison, and the District's subcontractors and service providers, including the business entity known as "Harrison Homes Inc" or "Harrison Homes LLC" having CO Secretary Of State business entity ID# 20181519933.

This request shall also include any and all Materials involving business and/or transactions with the similarly-named yet distinct business entity "Prairie View Ranch Water District LLC" having CO Secretary Of State business entity ID# 20041352078.

This request shall also include any and all Materials involving the entity(ies) "G&P Enterprises" referred to in the document "RULES and REGULATIONS FOR WATER SERVICE" with heading "Prairie View Ranch Water District LLC 2015-2016" (attached to this request for reference).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

As of the date of this request, the District does not have a written and published CORA Policy on file viewable to the Public in order to notify the Public in advance of the fees, therefore the District cannot charge fees for production, photocopying, printing or shipping/transmission of the requested Materials. The following URL links to a PDF document from the law offices of Seter & Vander Wall, P.C. explaining the essentials of how CORA law applies to Special Districts: https://svwpc.com/wp-content/uploads/2016/08/CORA-Webinar-re-HB-14-1193-Seter-and-Vander-Wall-PC.pdf

In the unlikely case that there is a valid CORA Policy published and viewable to the Public prior to this request, we would be grateful if you would provide a total cost for the records retrieval. We would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Otherwise, photocopy or laser-printer format shall be accepted.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 30 days.

Sincerely,

Parties concerned with CO Public Water System ID# CO0144621

Dear Records Custodian,
The alternate email contact that you provided has not acknowledged receipt of our inquiry after 3 working days.

The Local Government agency "Prairie View Ranch Water District, LLC" is not exempt from the Colorado Open Records Act.
https://leg.colorado.gov/sites/default/files/colorado-open-records-act-cora.pdf
"If a court determines that a custodian of a public record has improperly denied the right of inspection of a public record under CORA, the court must award court costs and reasonable attorney fees to the prevailing party. If a person willfully and knowingly violates CORA, the person commits a misdemeanor punishable by a fine of not more than $100, imprisonment in county jail for not more than 90 days, or both."

We ask that you please provide the requested records as soon as possible.
Thank you.

Thank you for your prompt reply. Our initial CORA requests to this Agency were sent on July 5 and acknowledged by the Agency on July 6. We understand there are likely to be extenuating circumstances, thus it was noted in our July 5 requests that we'd like a responsive record set in thirty days rather than the customary three/seven/ten. Public inspection of this Agency's records, as a whole, is vital to the ongoing preservation of the Agency and its life-sustaining Public service.

We appreciate your expeditious assistance with these matters.

Good morning,
Pursuant to C.R.S. Section 24-72-203(3)(a), we kindly ask that the Records Custodian provide a date & hour upon which the requested information and documents will become available.

Thank you.

Good morning,
Pursuant to C.R.S. Section 24-72-203(3)(a), we once more ask that the Records Custodian provide a date & hour upon which the requested Materials will be made available to the Public.

Thank you.

To whom it may concern,

On August 5, we requested a date/time for the Materials to be made available. The reply from your Agency's legal counsel was:

"I no longer represent the Prairie View Ranch Water District."

The Agency acknowledged the CORA requests on July 6. Colorado law requires records be produced no later than 10 working days after a valid request is submitted.
Pursuant to C.R.S. Section 24-72-203(3)(a), we once more ask that the Records Custodian provide a date & hour upon which the requested Materials will be made available to the Public.

Thank you.

Good morning,

The Records Custodian quoted us "a week" to copy and transmit the materials. The 7 working days have elapsed and the Materials are overdue. We insist that the Agency produce and transmit the Materials within 5 working days. The Agency's records are Public property which must not be concealed, altered or destroyed.

If the Materials are not transmitted by Friday Aug 27 , we will be forced to seek remedy in District Court.

Thank you.

Good evening,

The Records Custodian quoted us "a week" to copy and transmit the materials. The 7 working days have elapsed and the Materials are overdue. We insist that the Agency produce and transmit the Materials within 5 working days. The Agency's records are Public property which must not be concealed, altered or destroyed.

If the Materials are not transmitted by Friday Aug 27 , we will be forced to seek remedy in District Court.

Thank you.

Good morning,

On August 9, the Records Custodian quoted us "a week" to copy and transmit the materials. The 7 working days have elapsed and the Materials are overdue. Pursuant to C.R.R. Section 24-72-203(3)(a), we ask for a firm date/hour upon which the Materials will be transmitted.

Thank you.

Good morning,

On August 9, the Records Custodian quoted us "a week" to copy and transmit the Materials. The 7 working days have elapsed and the Materials are overdue. Pursuant to C.R.R. Section 24-72-203(3)(a), we ask for a firm date/hour upon which the Materials will be transmitted.

Thank you.

Many Special District records are required to be held permanently. We are still waiting for all of the District's permanent records (physical and electronic) but have only received a few pages of Elections materials and some meeting minutes. We have not gotten any physical records to date. CORA allows a maximum of 7 working days to produce public records.

https://leg.colorado.gov/sites/default/files/colorado-open-records-act-cora.pdf
"If a court determines that a custodian of a public record has improperly denied the right of inspection of a public record under CORA, the court must award court costs and reasonable attorney fees to the prevailing party. If a person willfully and knowingly violates CORA, the person commits a misdemeanor punishable by a fine of not more than $100, imprisonment in county jail for not more than 90 days, or both."

Participation in CORA is not optional. The previous Directors (John Pearson, JoAnn Pearson, Doryea Gibbs (17 years in office despite term limits), Carlos Castillo and Daniel Harrison) must produce all Public Records in their custody.

Dear Sir,
Please forward to the appropriate recipients:

Several file storage boxes of physical records have been recovered. A mix of correspondence, standard operational documents and procedures, blank forms, customer transaction records, meter readings, financial records (2018-2021), water quality reports and lab work invoices, and more.

This "Physical Communications" request is now <CLOSED>.
The "Financial Records" request still remains <IN PROGRESS> with milestones reached.

Thank you for your assistance. We are understand these are difficult times for everyone.