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