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<br />, <br />'1 ~' <br /> <br />.... <br />~ <br />~ <br />(=' . <br />C <br /> . <br /> <br />r-,", <br /> <br />CDPHE reserves to itself and DOE the right to access the site in the event any <br />remedial work needs to be done under UMTRCA. <br /> <br />CDPHE also reserves to itself and DOE the right to use the water right associated <br />with the property (V.C.A.- Animas-La Plata Pipeline) as may be necessary to perform <br />groundwater remediation and any other activities required by UMTRCA. <br /> <br />. ' The property may only be used for public purposes. <br /> <br />. No well construction or use of groundwater is allowed without the written approval of <br />CDPHE and DOE, <br /> <br />. The land may only be sold or transferred to a governmental entity within the state. <br /> <br />. Construction of any kind on the property will require the written approval of CDPHE <br />and DOE. <br /> <br />The quitclaim deed from the CDPHE requires the signature of the grantee (CWCB) to <br />document both the CWCB's assent to the terms ofthe Restricted Use Plan and its <br />acknowledgment that the site was once used as a uranium-milling site. The CDPHE <br />wants to finalize the conveyance of the Durango Pumping Plant site to the CWCB within <br />the next two months. <br /> <br />Originally, the CWCB had intended to convey an easement to the Bureau of Reclamation <br />(Bureau) for construction of the pumping plant and to convey title to the site, subject to <br />the Bureau's easement, to the Animas-La Plata Water Conservancy District ("District"), <br />as soon as possible after receiving title to the site. However, the Bureau has indicated <br />that it is not willing to accept an easement for the pumping plant on the site until it has <br />completed an appraisal of certain alternatives to the A-LP Project and received approval <br />from Congress of one of those alternatives. <br /> <br />Discussion <br />The CWCB staff proposes to accept the conveyance of the site from CDPHE and to <br />convey the site by quitclaim deed to the District. The deed would contain a broad <br />exception for a future easement to the Bureau for the pumping plant as well as the <br />Restricted Use Plan. The exception would allow the CWCB to convey an easement to the <br />Bureau in the future for the pumping plant based on the Bureau's determination of the <br />amount of land needed for the pumping plant. <br /> <br />" <br /> <br />At the time of the conveyance of the easement, the CWCB, the District and the Bureau <br />would enter into a Memorandum of Agreement (MOA) that would clearly establish the <br />parameters of the easement and address any other issues that need clarification. This <br />arrangement is optimal for the CWCB because it will not have to manage the site. <br /> <br />2 <br />