ALP Correspondence

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.� CDPHE reserves to itself and DOE the right to access the site in the event any
C remedial work needs to be done under UMTRCA.
• CDPHE also reserves to itself and DOE the right to use the water right associated
with the property (V.C.A.- Animas -La Plata Pipeline) as may be necessary to perform
groundwater remediation and any other activities required by UMTRCA.
• The property may only be used for public purposes.
• No well construction or use of groundwater is allowed without the written approval of
CDPHE and DOE.
• The land may only be sold or transferred to a governmental entity within the state.
• Construction of any kind on the property will require the written approval of CDPHE
and DOE.
The quitclaim deed from the CDPHE requires the signature of the grantee (CWCB) to
document both the CWCB's assent to the terms of the Restricted Use Plan and its
acknowledgment that the site was once used as a uranium- milling site. The CDPHE
wants to finalize the conveyance of the Durango Pumping Plant site to the CWCB within
the next two months.
Originally, the CWCB had intended to convey an easement to the Bureau of Reclamation
(Bureau) for construction of the pumping plant and to convey title to the site, subject to
the Bureau's easement, to the Animas -La Plata Water Conservancy District ("District'),
as soon as possible after receiving title to the site. However, the Bureau has indicated
that it is not willing to accept an easement for the pumping plant on the site until it has
completed an appraisal of certain alternatives to the A -LP Project and received approval
from Congress of one of those alternatives.
Dicenssion
The CWCB staff proposes to accept the conveyance of the site from CDPHE and to
convey the site by quitclaim deed to the District. The deed would contain a broad
exception for a future easement to the Bureau for the pumping plant as well as the
Restricted Use Plan The exception would allow the CWCB to convey an easement to the
Bureau in the future for the pumping plant based on the Bureau's determination of the
amount of land needed for the pumping plant.
At the time of the conveyance of the easement, the CWCB, the District and the Bureau
would enter into a Memorandum of Agreement (MOA) that would clearly establish the
parameters of the easement and address any other issues that need clarification. This
arrangement is optimal for the CWCB because it will not have to manage the site.