BOARD01465

• Board Meeting Date: 5/11/1998
• Description: CF Section - Animas-La Plata Project - Status of Land Acquisition for Pump Station
• Board Meetings - Doc Type: Memo

17

RESOLUTION
OF THE
ANIMAS-LA PLATA WATERCONSERVANCYDISTRICf

WHEREAS, the Animas-La Plata Water Conservancy District ("the District"), established
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 fun 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 ("Durango Pumping Plant Site") on land now owned by the Colorado
Department of Public Health and Environment ("CDPHE"); and

WHEREAS, the CDPHE desires to convey the Durango Pumping Plant Site to the Colorado
Water Conservation Board ("ewCB") and, in turn, the ewCB 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 ewCB to the District will reserve to the CWCB the right to convey an easement to the
Bureau of Reclamation ("Bureau") 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 District understands that the State of Colorado desires to receive credit for
the easement under the 1990 Cost Sharing Agreement between the ewCB and the Bureau, which
credit will be determined according to the amount of land required 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 ofthe 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 ewCB.

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