ALP Correspondence

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RESOLUTION
OF THE
d{ ANIMAS-LA PLATA WATER CONSERVANCY DISTRICT
M
--, WHEREAS, the Animas -La Plata Water Conservancy District ("the District "), established
rj pursuant to C.R.S. 37-45 -101 et seq. (Water Conservancy District Act), is authorized under Colorado
law to acquire real property within or without the District necessary to the full exercise of its powers;
and
WHEREAS, the District has been extensively involved in the development of the Animas -La
Plata Project ( "the Project") in furtherance of its responsibilities under the Water Conservancy
District Act; and
WHEREAS, the Project will require construction of a pumping plant located on the south side
of Durango, Colorado C`Durango Pumping Plant Site") on land now owned by the Colorado
Depamnent of Public Health and Environment ("CDPHE "); and
. WHEREAS, the CDPBE desires to convey the Durango Pumping Plant Site to the Colorado
Water Conservation Board ("CWCB') and, in turn, the CWCB is considering the conveyance of the
Durango Pumping Plant Site to the District; and
WHEREAS, the District, which will operate the Project once constructed, desires to acquire
the Durango Pumping Plant Site in order to manage and develop the Site for the benefit of the Project
and the community; and
WHEREAS, the District understands that the deed transferring the Durango Pumping Plant
Site from the CWCB to the District will reserve to the CWCB the right to convey an easement to the
Bureau of Reclamation (Surrau') for the pumping plant based on the Bureau's determination of the
amount of land needed for the pumping plant; and
WHEREAS, the District understands that upon conveyance of the easement, the CWCB, the
District, and the Bureau will enter into a memorandum of agreement to establish the scope of the
easement and resolve any other outstanding issues; and
WHEREAS, the Dist = understands that the State of Colorado desires to receive credit for
the easement under the 1990 Cost Sharing Agreement between the CWCB and the Bureau, which
credit will be determined according to the amount of land required ed by the Bureau and the value of
such land at the time of conveyance; and
WHEREAS, the District agrees to the above - described conditions of conveyance to the
District of the Durango Pumping Plant Site and has approved, by vote of its Board of Directors on
April 8, 1998, the acquisition of the Durango Pumping Plant Site from the CWCB.
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