Laserfiche WebLink
• Fact Sheet <br />Wyoming Property <br />Purcell-12/6/07 <br />1. The State of Wyoming purchased the Wyoming property to serve as mitigation for the <br />Deer Creek Dam and Reservoir in Wyoming. <br />2. On November 3, 1988, the WWDC and USFWS entered into an agreement discussing the <br />disposition of the Wyoming Property. Key points in the agreement were: <br />a. The WWDC was to provide title to the lands to the USFWS at least two years <br />prior to the operation of the Deer Creek property. Ultimately, the USFWS was going to transfer <br />the lands to the National Wildlife Refuge System. <br />b. As only 24 acres of habitat were required for project mitigation, the USFWS <br />agreed to perform the land management requirements in the 404 permit in return for title to the <br />entire 470 acres. <br />c. Prior to the transfer of title, the USFWS was to manage the property. <br />d. If the project was not operated within 10 years of the date of the agreement <br />(November 3, 1998), the WWDC was to offer the property to the USFWS at the appraised value. <br />In the event the USFWS could not purchase the property within one year, the WWDC was to <br />• offer the lands to a non-profit conservation organization. This 10-year period was extended by 5 <br />years (November 3, 2003) in an amendment dated November 2, 1998. <br />3. On March 13, 2001, the above referenced agreement was replaced by Appendix F to the <br />Final Settlement Stipulation for the Nebraska v. Wyoming lawsuit, which was agreed to by the <br />parties (the States of Colorado, Nebraska, and Wyoming and the U.S. Department of Justice, <br />representing the USFWS among other federal agencies). Appendix F is entitled "Amendment to <br />the 1953 Order to Provide for the Modification of Pathfinder Reservoir." Section 10 of <br />Appendix F addresses the Wyoming property in the following manner: <br />"Upon completion of the Pathfinder Modification Project, Wyoming will release the 404 permit <br />and water rights for the Deer Creek Project, a proposed and permitted reservoir with a capacity <br />of approximately of approximately 66,000 acre feet and provide fee simple title to the 470 acres <br />of habitat it owns in the critical habitat area in Central Nebraska to the USFWS or other <br />entities as deemed appropriate bv the USFWS. Nebraska will move to dismiss Jess v. West, <br />No. 88-1-308 (D. Neb.). (Emphasis added) <br />4. The present status of the property is: 1) the WWDC is paying property taxes; 2) the <br />WWDC has been offsetting the cost of the taxes with grazing leases; and 3) the USFWS's <br />Rainwater Basin Wetland Management District has been managing the property. <br />0