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<br />) <br /> <br />Water is physically obtained from ten shallow wells in the Soda Creek alluvium located <br />within the boundaries of the EDWD. The Soda Creek wells are oVv'Iled by Vidler but are <br />a part afthe pending water rights acquisition by the EDWD. The District owns and <br />operates the water treatment, distribution and treated water storage components of the <br />system, <br /> <br />The current annual water demand of the District is about 300 acre-feet \vith consumptive <br />use estimated at 30 acre-feet. Build-out water demand is estimated at 600 acre-feet per <br />year with about 56 acre-feet of consumptive use. BBA has evaluated the yield of the <br />water rights to be purchased as well as the expected yield of the Soda Creek alluvium and <br />is of the opinion that both are generally adequate for build-out water demands. <br /> <br />Proposed Purchase <br /> <br />Under the 1983 Memorandum of Agreement benveen EDWD and Vidler, Vidler is the <br />exclusive source of water to the District. In December of2000, the District entered into a <br />Purchase Agreement with Vidler to acquire the assets that provide water to the District <br />under the 1983 MOA. <br /> <br />The assets to be acquired in the proposed purchase include: <br /> <br />1. a portfolio of senior water rights with a total decreed consumptive use of 101 acre- <br />feet, of which seven acre-feet are exchanged for storage in Dillon reservoir, <br /> <br />2. the ten Soda Creek \Vells, and <br /> <br />3. the right to use five acre-feet of storage in Dillon Reservoir subject to conditions set <br />forth under a 1988 MOA between Vidler and the CWCB (discussed in the following <br />section of this memo). <br /> <br />The assets-are-sUhirtlanzed in Table 1, attached. <br /> <br />As mentioned above. the EDWD has relied exclusively upon these water rights since the <br />District was established. The District believes that no additional legal action is required <br />and no additional permitting actions are necessary to utilize the water rights or the wells. <br /> <br />The assets are being acquired through two agreements. In December of2000, the ED\VD. <br />Vidler and the City of Golden concluded an Assignment Agreement in v".hich the EDWD <br />agreed to pay Golden and Vidler a total of5300,000 for 20 acre-feet of consumptive use <br />of the Rice Ranch water rights listed in Table 1. That transaction has been completed. In a <br />Purchase Agreement also dated December 2000 betv..reen the ED\VD and VidIer, the <br />District agreed to pay Vidler S3.1 million for the remainder of the assets listed in Table 1. <br />The ED\VD is intending to close on this agreement in July of2002. <br /> <br />2 <br />