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HomeMy WebLinkAbout3.0 CorrespondenceGlenn Hartmann From: Ray Tenney [ftenney@cruvcd.org]Sent: Wednesday, January 28,2015 1 1:06 AM To: Glenn Hartmann Subject: RE: Kobe - Water Storage Facility - Overview Glenn, Thene ane no pumps at the water storage facility (WSF is what it's being called now) or tenminal facility as it was in the penmit application. The frac operation initiated in Decemben is now complete with 3 wells west of Roan Creek Road on County Road 2OO completed. hJater for this completion effont was pumped fnom the niven intake site (Mesa County) using temporany diesel pumps to the Black Hills (BHPP) DeBeque Station water treatment facility on Mesa County Road V.2 west of DeBeque. Temponany diesel pumps at the DeBeque Station site pumped the waten to the weII pad using the 8" steel "produced and tneated" water line recently constructed by Summit Midstneam for BHPP. The segment of the steel Iine pnoduced water line up Dry Fork is a repunposed steel gas Iine which was neplaced with a new 12" gas line to the new compnessor station on V.2 road. Yes, electrical work is ongoing at the !rJSF. Power lines have been installed from Roan Creek Road as far as the transfonmen vault but the transfonmer is not in place yet and the drop not enengized. I suspect that the hlSF electrical wiII be done about the end of February with aII controls in place as BHPP has another fnac scheduled the first of March and wants to use all the penmanent waten supply facilities. Hope that helps. Ray Ray D. Tenney, P.E. Deputy Chief Engineen Colorado River Waten Consenvation District P.O. Box 1L20 Glenwood Spnings, C0 8L6O2 Telephone (970)945-8522 x22O CelI: (97o)379-L492 - - - - -OniginaI Message- - - - - Fnom: Glenn Hartmann Imailto: ghantmann(agarfield-countv. com] Sent: Wednesday, Januany 28, 2Ot5 8:46 Avl To: Ray Tenney Subject: RE: Kobe - Waten Storage Facility - Ovenview Hi Ray: Thanks for the updates and photognaphs of the site wonk. I'lI add them to youn file. One more clarification question, is the pump installed at this time the permanent electric powered one. The one photognaph showed some electric wonk in the backgnound so I'm guessing you may have made the transition fnom the temponany diesel to electnic. Based on youn descniption it sounded like some of the timing and scheduling may have changed. Thanks in advance fon any infonmation you can provide on the pump topic and/or othen nelevant conditions of appnoval. 1 Glenn Hartmann From: Sent: To: Subject: Attachments: Glenn, Ray Tenney Irtenney@ crwcd.org] Thursday, January 22,2015 10:39 AM Glenn Hartmann Kobe - Water Storage Facility SAM_1087.jpg; SAM_1 1 12.JPG; SAM_1 1 16.JPG The WSF is progressing rapidly to completion. l've enclosed some recent photos. Unfortunately my photo taking was targeted at remembering where stuff is buried so I did not take an overall shot. The WSF is not being used for the current (Dec. L - ongoing) frac on the wells up Dry Fork as accommodations were not reached with the underlying landowner for this activity not covered under our surface lease for the WSF. Water is being pumped from the Kobe Pump Station site on the Colorado Riverto the Black Hills Debeque Station water reclamation facility on Mesa Cty Rd V.2 and then through the 8" steel reclaimed water line to the well pad. This arrangement bypasses the segment of the Kobe Pipeline from V.2 Road to the WSF. As soon as the WSF is operational use of it in subsequent frac operations is likely. This would likely be before March. Please let me know if you have any questions. Thanks, Ray Ray D. Tenney, P.E. Deputy Chief Engineer Colorado River Water Conservation District P.O. Box 1120 Glenwood Springs, CO 81602 Telephone (970)945-8 522 x220 Cell: (970)379-1492 l It : i I I t I i I l 'l ' I II] Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 October 6,2014 Bluestone Management Committee c/o Colorado River District P.O. Box 1120 Glenwood Springs, CO 81602 ATTN: RayTenney RE: Chevron - Bluestone/Colorado River District Location and Extent Water lmpoundment and Fill Station (File No. LAEA-779S) Dear Ray: The County is in receipt of your request for the temporary use of muffled diesel pumps at the Chevron - Bluestone Kobe pumping facility. Your supptemental email included information on noise mitigation and the timing for installation of the permanent electric pump in January of 2015. lt also clarified that the temporary pumps would only be in use from mid November to late December. The County has reviewed your request and by this letter approves your use of temporary diesel pumps for a 6 week period as described in your request including the representations contained in your email of September 18" (see attached). Consistent with your letter this approvat shall expire on January 4,2015 unless additional time is requested. Please keep us informed as to your progress in installing the electric pumps. Sincerely,T* Tamra Allen, AICP Planning Manager Garfield County Office: 97 0-945 -8212 Fax: 97 0-384-347 0 Glenn Hartmann From: Sent: To: Subject: Ray Tenney [rtenney@crwcd.org] Thursday, September 18,2014 9:52 AM Glenn Hartmann Re: Kobe Terminal Facility - Temporary Pump Temporany pumps fon 6 weeks mid- Nov 'tiII Chnistmas 2 pumps nunning, 1 stand by Hospital grade mufflers all pumps Hay bale sound walls Electric pumps Lst Ll4 2OL5 Hope that helps Ray > On Sep 18, 2OL4, at 9:28 Avl, "Glenn Hantmann" <ghantmann@garfield-countv.com> wnote: > Hi Ray: I have updated Tamra Allen on the topic. To assist in her evaluation can you pnovide an estimate of the time period during which you would need to use the alternate/temporary pumps and when you anticipate installing the electric pumps. Any information on the relative noise implications would also be helpful. hlitl the diesel pumps be significantly louder on wiII the muffling technology help to avoid any interim public concerns/complaints ? > I have an active dialogue going with Tamna so if you ane able to provide some of the above clarifications I should be able to get an answer back to you quite quickly. Thanks in advance for the additional infonmation. > Glenn Hartmann > Community Development Depantment > From: Ray Tenney [mailto:rtennev@crwcd.ong] > Sent: Thunsday, Septemben 18, 2Ot4 9:1-4 Avl > To: Glenn Hartmann > Subject: Kobe Terminal Facility - Temponary Pump > Glenn, > Hope you are well. Do you have any feedback on the temporany use of a weII muffled diesel pump at the Kobe Tenminal Facility at County Road 200? Any questions? > Thanks, > Ray Glenn Hartmann From: Sent: To: Subject: Attachments: Sakata, Lisa ILisa.Sakata@icfi.com] Monday, February 03,2014 5:02 PM' Glenn Hartmann FW: Kobe - GarCo Decree of Reorganization.pdf; Bluestone Committee Minutes June 7,2013.pdf; Bluestone_CRWCD Joint Management Agreement Rec 34294.pdf; BWCD Decree of Orga n ization -CA5466. pd f ; 607 27 1. pdf ; 389 1 38. pdf Glenn, Please find information attached to address number 3 in the completeness letter dated Janua ry 22 f or the Kobe project (File No. LAEA-7795). This information should adequately address that the Colorado River Water Conservation District and the Bluestone Water District, both public entities have authorized the Bluestone Management Committee and specifically Ray Tenney to act on their behalf. Please let me know if you have any questions. Lisa Sakata I ICF lnternational I Office: (303\792-7813 | Cell: (303)513-7131 From: Ray Tenney [mailto: ftenney@crwcd.org] Sent: Monday, January 27,2014 6:14 PM To: Sakata, Lisa Subject: Kobe - GarCo Here are the documents we provided to the BLM and Mesa County regarding the Bluestone Committee's authority to pursue the project. Also attached is a deed from Getty to Getty and the merger document where Getty merged with and became Chevron. lt does not appear that Getty transferred the property to Chevron by deed. Thanks, Ray Ray D. Tenney Deputy Chief Engineer Colorado fuver Water Conservation District P.O. Box 1120 Glenwood Springs, CO 81602 Telephone (97 0)9 4 5 -8 522 x220 Cell: (970)379-1492 DISTRICT CO[IRT, GARFIELD COLINTY, STATE OF COLORADO DISTRICT COURT, MESA COLINTY, STATE OF COLORADO Case No. Garfield County Civil ActionNo, 5466 Mesa County Civil Action No, 98 CV 846 ORDER ADOPTING RECOMMENDATION OF SPECIAI IVIASTER In the Matter of: TIIE BLUESTONE WATER CONSERVANCY DISTRICT Presiding Judges Charles Buss, and T, Peter Craven. 1. The Courl hereby adopts the Recommendation of Special Master attached hereto as Exhibit l, including the findings and recommendations made therein, 2. Further, the Court Orders: (a) The six (6) divisions ofthe Bluestone Water Conseryancy District shall be reduced to two divisions consisting ofMesa County on the one hand and Garfield County on the other. (b) The Board shall consist of nine (9) directors, with tfuee (3) directors representing Mesa County and six (6) directors representing Garfield Counfy. (c) The following directors are appointed forMesa County: Carlos Carpenter, Roland Anderson, and Charles Latham, The following directors are appointed for Garfield County: John Yadloski, David Beasley, George Letson, Michael Trout, Dale Albertson, and Clay Altenbern. EXHIBIT F- (d) The directors shall be appointed for staggered terms as follows: Carlos Carpenter Roland Anderson Charles Latham John Yadloski David Beasley George Letson Mike Trout Dale Albertson Clay Altenbern I year 2 years 4 years I year 2yearc I year 2 years 4 years 4 years (e) The Board of the Bluestone Water Conservancy District is authorized to review and rati& actions taken by the Bluestone Water Conservancy Board since 1969, as appropriate. (f) The hearing held by the Special Master on June 29, tggg shall be transcribed and the transcript shall be made part of the Court file in this case. Exhibits l-6 were admitted into evidence and shall be made part of the Court file in this case. IT IS SO ORDERED this 4/) AUU Or CERTIFICATE OF I{AILING I Ce.rfify t-hat a copy of Foregcing was msiled to sII bw>l BY TIM COITR' A. Buss, District Court Judge *-*"jiEi:iff'eee r/z /rr1,tt fbo*.; CERTIFICATE OF MAILING I certify that on this- day of July, lggg,Iplaced a copy of the Order in the United states mail, with sufficient first class postage prepaid, addressed to: Gregory K. Hoskin, Esq. Hoskin, Farina, Aldrich &, Kampf , profes sional Corp orati on Post Office Box 40 Grand Junction, Colorado 81502 DISTRICT COURT, GARFIELD COLINTY, STATE OF COLORADO DISTRICT COT'RT, MESA COIINTY, STATE OF COLORADO Case No. Garfield County Civil Action No. 5466 Mesa County Civil Acrion No. 98 CV 846 RECOMMENDATION OF SPECIAI MASTER In the Matter of THE BLUESTONE WATER CONSERVANCY DISTRICT This matter having come before Special Master Robert Cutter for hearing on June 29, I999 pursuant to Order Appointing Special Master entered herein on April lg, lggg,and the Special Master having taken evidence is fully apprised of the premises and the Special Master makes the following findings and recommendations: l. Petitioner has established jurisdiction ttu'ough proof of publication in The yalley Journal, The Citizen Telegrap-h and The Daily Sentinel as shown by Exhibits I and 2, rvhich were admitted into evidence without objection. 2, Based on the testimony presented at the hearing, the Special Master finds that the Bluestone Water Conservancy District has operated in a normal and legal manner since its formation in 1963, except for the manner of appointment of directors. After lg6g,thedirectors were not appointed by the Coutts of Mesa and Garfield Counties as required by statute. Although this constitutes a technical violation ofthe statute, it appears the violation did not result in any deviation from normal operations of a conservancy district. 3. Petitioner has presented the report of BBC Research and Consulting dated October 2, 1998 as Exhibit 5, which rvas admifted into evidence without objection. Based on the report and the testimony of Ed Harvey of BBC, the Special Master recommends that the six divisions of the Bluestone Water Conservancy District be reduced to two divisions consisting of Garfield County on the one hand and Mesa Counfy on the other. The Special Master further recommends that a new board be appointed by the Coufts of Garfield and Mesa Counties with six dirrctors representing Garfield County and ttu'ee dilectors representing I\4esa Counfy. 4. The Special Master recommends the appointment of the directors submitted in response to the Public Notices contained in Exhibits I and2, Specifically, the Special Master recommends the appointment of Carlos Carpenter, Roland Anderson, and Charles Latham from Mesa County and John Yadloski, David Beasley, George Letson, Mike Trout, Dale Albertson, and Clay Altenbern from Garfield County. 5. The Special Master recommends that the directors be appointed for staggered terms as follows: Carlos Carpenter Roland Anderson Charles Latham John Yadloski David Beasley George Letson I year 2 years 4 years I year 2years 1 year 2 Mike Trout Dale Albertson CIay Altenbern 2 years 4 years 4 years 6. The Special Master recommends that the Courts of Gar'field and Mesa Counties authorize the nervly appointed board to review and ratify actions taken by the Bluestone Water Conservancy Board since 1969, as appropriate. 7, The hearing held on June 29, 1999 shall be transcribed and the transcript shall be made part of the Court file in this case, Exhibits 1-6 were admitted into evidence and shall be made part of the Court file in this case. , .. i SO ORDERED this " f day of CE&TIFICATE OF MAILING I 0"W Utu"r) BY THE COURT: , rggg, Robert CJtti,r, Special Master fuU-t /J*i'r.,,,J rhi"t4l}';f'J|ffi:" re Record Q h*t ,t MINUTESI BLUESTONE MANAGEMENT COMMITTEE Colorado River Water Conservation District 201 Centennial Street, #200 Glenwood Springs, Colorado June 7,2013 Committee members participating in all or part of the meeting: Dale B. Albertson, Chair Steve Acquafresca, Vice Chair Tom Latham David H. Merritt Committee members not participating: Others participating in all or part of the meetins: Jason V. Tumer, Associate Counsel, CRWCD John Currier, Chief Engineer, CRWCD Laurie DePaolo, Executive Assistant, CRWCD Jefferson V. Houpt, Beattie, Chadwick & Houpt, LLP Ouorum. Chairman Albertson found a quorum and called the meeting to order at 2:08 p.m. Jason Tumer proposed that agenda items 1., Kobe Project Development Update; and 2., Matters Proposed for Executive Session; i. Kobe Project Development Agreement; and ii. Pricing of Kobe Project'Water, be addressed by the Committee in reverse order. The Committee accepted the proposal. Matters Proposed for Executive Session. Jason Turner reported that the following matters qualifu for Executive Session pursuant to C.R.S. 524-6- a02( )@)(legal advice) & (e)(negotiations): i. Kobe Project Development Agreement. ii. Pricing of Kobe Project Water. Director Merritt moved, seconded by Director Latham, to move into Executive Session pursuant to C.R.S. 524-6-402(4) (b)(legal advice) & (e)(negotiations). Motion carried unanimously. Jason Turner stated that no further record ofthe Executive Session need be kept based on his opinion that the discussion will constitute privileged attomey-client communications and no further recording is necessary. Chairman Albertson reconvened into Public Session at 4:29 p.m. Public Session. lAn audio recording has been made of the meeting. The motions described herein may not necessarily represent a verbatim lanscription. The audio recordhgs are available for listening at the CRWCD offices during regular office hours. These minutes are the official record of the Bluestone Management Committee's meeting. Jason Tumer reported that during Executive Session, the Committee provided guidance on the following rnatters: i. Kobe Project Development Agreement. ii. Pricing of Kobe Project Water. Director Merritt moved, seconded by Director Acquafresc4 to authorize staff to enter into negotiations with Black Hills Production for a Kobe Project Development Agreement. Motion carried unanimously. Kobe Proiect Development Update: Extension of SGM Contract: Director Merritt moved, seconded by Director Lathnm, to extend a contract with SGM Consulting until August 31,2013 for engineering services on the Kobe Project. Motion carried unanimously. Extension of Black Hills Production Initial Development Agreement: Director Merritt moved, seconded by Director Acquafresc4 authorized staff to extend the Black Hills Production Initial Development Agreement until August 31,2013. Motion carried unanimously. Kobe Project Permitting and Rights-of Way: Director Merritt moved, seconded by Director Latham, to authorize staff to prepare, execute and file any necessary permit applications for the Kobe Project with Mesa and Garfield Counties. Motion carried unanimously. Director Latham moved seconded by Director Acquafrescq to authorize staffto file any necessary federal permits and rights-of-way for the Kobe Project. Motion carried unanimously. Director Merritt moved, seconded by Director Latham, to authorize staff to apply for a right-of-way with Union Pacific Railroad for a right-of-way for construction of the Kobe Project pipeline and to execute the right-of-way when received. Motion carried unanimously. Following discussion of the motion regarding federal permits and rights-of-way, Director Latham moved, seconded by Director Acquafresca, to amend the motion to authorize staff to prepare, execute and file any necessary federal permits and rights-of-way for the Kobe Project. The motion as amended carried unanimously. Other Business. By consensus, the Committee scheduled the next meeting by teleconference for July l1 at 2:00 p.m. Adiourn. There being no further business before the Committee, Director Latham moved, seconded by Director Merritt, to adjourn the meeting at 5:00 p.m. Motion carried unanimously. il,1,- g ilw^K Dale B. Albertson, Chairman lAn audio recordiag has been made of the meeting. The motions described herein may not necessarily represent a verbatim transcription. The audio recordings are available for listening at the CRWCD offices during regular oflice hours. These minutes are the official record of the Bluestone Management Committee's meeting. .titt! ij 1gtl.l $0L0RAD0 ntvl]r r{A}tR 00NsiltvAIl0r! 0tsTRl0r THIS JOINT MANAGEI.,IENT AGREEMENT is nrade and entered into this lst day of March, 1983, by and between the BLUESTONE WATER CONSERVANCY DISTRICT, hereinafter referred to as I'Bluestoner" and the COLORADO RIVER WATER CONSERVATION DISTRICT, hereinafter referretl to as "River District." RECITALS: A. This Joint Management Agreement relates to the following described conditional water, ditch, and reservoir ri.ghts located in Mesa and Garfield Counties, Colorado: 1. Kobe Canal. (Wo. 114), including a conditionalColorado River water right to 50 c.f.s. bearing apriori-ty date of 'Iune 30 , 1936 (Priority IIo. 184); 2. Mt. Logan Canal- (No. 115), including aconditional water right to 40 c.f.s. bearing a priority date of June 30, 1936 (Priority No. 185); 3. Mt. Logan Dam and Reservoir (No. 116),including a conditional water riqht for 10,000 acrefeet of water bearing a priority date of June 30, 1936(Pri.ority No. 186) , JOINT MANAGEMENT AGREEMENT 4. Roan Creek Feeder Canal (No. a conditional Roan Creek water right bearing a priority date of alune 30, No. 187). lI7 | , including to 75 c.f.s. 1936 (Priority These rights are sometimes colfectively referred to herein as the "Water Rights. " B. On August 2L, 7970, the District Court of Garfield County entered conditional decrees for the Water Rigtrts. On the basis of applicati.ons filed in l[ay 7912, May 1976t and April 1980, Blrrestone and the River District have obtained Findinqs of Reasonable Diligence for the Water Rights, thereby preser:ving the conditional status of the Water Rights to the encl of the current diligence period, April 30, 1984. C. Coincidentally with the execution of this Agreement, Bluestone and the River District., as lessors, have entered into a separate Lease with Getty Oil Company arrd Conoco Shale OiI, Inc., dated February 1, 1983, for the lease of the Water Rights. This Lease is attached hereto as Exl-ribit "A. " D. Pursuant to the Lease, Bluestone and the River District have certain rightd, obligations, and responsibilities with respect to the Water Rights, including but not limited to: (1) the management and accounting of a1I payments received from lessees; l2l a review of t.he schedule of hrork proposed to be performed by lessees to satisfy the due diligence requirement to preserve the Water Rights; (3) the management and control of 15 cubic feet per second (c,f.s.) of the 50 c.f.s. Kobe Canal water right described above; and (4) the management and control of the Water Rights in the event of the termination or expiration of the Lease. E. BLuestone and the River District each desire to enter into this Agreement for the joint management and control of the Water Rights upon the terms and conditions set forth herein. The major consideration of the parties for the execution of this Agreement is that water will be put to beneficial use, and no precedent is established by thls Agreement as to how other water rights owned or to be owned by Bluestone or the River District wifl be utilized. NOW, THEREEORE, in consideration of the mutual promises set forth below, the parties agree as follows: 1. Formation of Management Committee. Upon the execution of this Agreement, a four:-person management commi.ttee shall be formed consisting of two members from the Bluestone Board of Directors and t!,ro members from the River District Board of Directors. This committee shall hereinafter be referred to as the riManagement Committee." The members of the Management Committee shall be appointed by the Bluestone Board of Directors and the River District Board of Directors for a term of two years and until their successors are appointed. None of the members of the Management Committee shall also be employees of Getty Oil Company or Conoco Shale Oil, Inc.. Appointments to fiLl vacancies created on the l"lanagement Corunittee shall be made by one of the parties hereto, as appropriat-e, to insure that the Management Corunj-ttee is always comprised of two members of the Bluestone Board of Directors and two members of the River District Board of Directors. 2. Pur:pose. The purpose of the l4anagement Committee shall be to develop, manage, maintain, control. and preserve the Water Rights for the benefit of Bluestone throughout the duration of the Lease and in the event of the termination or expiration of the Lease. 3. Powers. Under the direction and control of the Boards of Directors of the respective parties, the Management Committee shal1 have exclusive right to manage and control the Water Rights. The Management Committee shalt also have the power to employ any staff, attorneys, engineers, accountants, consultants, and any other persons it deems necessary to carry out its purpose. 4. Election of Officers. At its first meetinq, the I4anagement Committee shal1 elect a Chairman and a Secretary- Treasurer to serve as committee officers. The person serving as Chairman shall not, at any time, be elected from the same Board of Directors (i.e. the Bluestone Board or the River District Board) as the person serving as Secretary-Treasurer. The Management Committee shall have the authority to elect any ot-her officers it deems necessary to carry out- its functions. The officers of the Management Committee sha1l be elected for a term of one year and until their successors are elected. 5- Funds. A11 monies paid under the Lease with Getty Oi1 Company and Conoco Shale Oil, Inc. shall be under the exclusive control of the Management Committee and shall be spent in a reasonable and prudent fiscal manner as the l4anagement Committee determines by majority vote. The Management Committee shaIl establish a two-party bank account, and aI1 drafts or checks issued to disburse the funds of the Management Corunittee shall be signed by the Chairman and the Secretary-Treasurer of the Management Committee; provided, however, that the Management Committee has the authority to designate employees or members of the l4anagement Committee to write drafts or checks in order to disburse the funds of the }.Ianagement Committee. With respect to any monies already received by Bluestone from Getty Oi1 Company and/or Conoco Shale OiI, Inc., the I,lanagement Corunittee shall, after full review, permit Bluestone to honor prerrious monetary conmitments for such monies. The l,lanagement Committee shall reidburse from llanagement Comnlttee funds any expenses incurred by its members in performing Management Committee functions. Such reimbursable expenses include, without Iimitation, aII expenses for meetings, travel, and postage- The Management Committee may pay the members of the Management Committee a reasonable per diem expense for the time spent in the performance of the duties set forth herein. 6. Benefit. AII Water Rights under the control of the Management Committee shall be used for the benefit of the people within the territorial linits of Bluestone. A1I monies derived from the Lease shall be expended for the benefit of Bluestone. 7. Records. The Secretary-Treasurer of the l{anagement Comnittee shall maintain a complete and accurate set of books and records, includi-ng stateroents and accounts, concerning the operation of the Management Committee, which records sha1l be open at all times for the inspection by any of the parties hereto. B. Reports. The Secretary-Treasurer of the Management Committee sha1l annually provide a fiscal report and financj-aI statement to the Bluestone Board of Directors and the River District Board of Directors. The Secretary-Treasurer shall also provide a fiscal. report or financial statement to Bluestone or the River District at any time upon the request of the Bluestone Board of Directors or the River District Board of Directors. 9. $gg!USE. The Management Committee shal} meet at .l-east once during each calendar year. The Management Committee may meet more frequently upon the request of the Chairman of the Ivlanagement Commi.ttee, after proper notice has been given pursuant to paragraph 13 of this Agreement. 10. Use of Water Rights. a. While the Lease is in effectr the Management Committee, by majority vote, shall determine how the L5 c.f.s. remaining from the Kobe Cana !,rater right under the Lease and the other Water Rights remaining from the Lease are utilized. ff the lrlanagement Colunittee determines the best beneficial use of the 15 c.f.s. remaining from the Kobe Canal water right is for supplemental irrigation purposes of the Roan Creek drainage area, Bluestone may designate the point to which the srater: may be pumped and utilized. b. ff the Management Committee cannot reach decision by majority vote regarding how the 15 c.f.s. remaining from the Kobe Canal water right under the Lease is to be used, such amount lrill be used for supplemental irrigation purposes in the Roan Creek drainage area, and Bluestone may designate the point to which the water rnay be pumped and utilized. By majority vote, the Management Committee may at any time change the purposes for which the 15 c.f.s. remaining from the Kobe Canal water right and the other Water Rights remaining from the Lease are used. c. If the entire 15 c.f.s. remaining from the Kobe Canal $rater right is not necessary for suppl.emental irri-gation purposes upon a deter:mination of the Management Committee to use the 15 c.f.s. for such purposes, the Management Committee shafl determine by majority vote how the remainder of the 15 c.f.s. is beneficially used. d. In the event of the termination or expiration of the Lease, the Management Committee sha1I determine by majority vote how the Water Rights are to be benefj-cially used. 11. Modification and Amendment. This Agreement may be moclified or amended only by written and sighed agreement of the parties hereto pursuant to specific amending resolutions passed by the majority vote of the Bluestone Board of Directors and the River District Board of Directors. L2. Termination and Dissolution. The Management Committee and the provisions of this Agreement shal1 continue unless and until terminated or dissolved by rrritten and signed agreement of the parties hereto pursuant to specific amending resolutions passed by the majority vote of the Bluestone Board of Directors and the Ri-ver District Board of Directors. 13. Notices. A11 notices and other communications required or permitted to be given shall be in writing and shall be personally delivered with receipt taken therefor or sent by certified mail, postage prepaid and return receipt request-ed, directed to each party intended at the address set forth below, and shal1 be effective upon receipt-: Bluestone Water Conservancy District; General Delivery DeBeque, Colorado 81630Attn: President Colorado River Water Conservation District: Post Office Box 11 20 Glenwood Sprj-ngs, Colorado 81602Attn: CounseL The above-stated addresses for notification purposes may be changed provided notice as defined above is given of such change. L4. Validity. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be effected thereby. 15. Binding Agreement. This Agreement sha1l inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. In the event that Bluestone is dissolved by court decree or legislative act or otherwise by bperation of 1aw, and no successor to Bluestone is formed, all interests of Bl,uestone under this Agrreement, including \,/ithout limitation Bluestoners interest in the Water Right decrees and the assets. monies, bank accounts, and proceeds of the Management Committee, sha11 become vested in the governmental entities designated by the statutes concerning the dissolution of water conservancy districts. 16. Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter her:eof and supersedes and replaces any and all prior written or oral agreements or understandings made between them at any time respecti-ng such subject matter. There are no representations, agfeemenLs, arrangements, or understandings, oral or written. between the parties relating to the subject matter of this Agreement hrhich are not fu1ly expressed herein. L7. Waiver. The failure of any party to insist in one or more cases upon the strict performance or observance of any of the provisions of this Agreement shall not be construed as a waiver or relinquishment in any future case of such provision. No waiver by any party of any provision of this Agreement sha1l be deemed to have been made unless expressed in rdriting and signed by such party. 18. Captions. .Paragraph titles or captions contained in Lhis Agreement are inserted only as a matter of convenj-ence and for reference and in no way to define, limit, extend, or describe the scope of this Agreement or the intent of any provision thereof. 19. Applicable Law. This Agreement and the application or interpretation thereof sha11 be governed exclusively by its terms and by the laws of the State of Colorado. 20. Recordation. This Agreement sha11 be recorded in the official real property records at the office of the County Clerk and Recorder: in Mesa and Garfield Counties, Colorado. IN WITNESS WHEREOF, Management Agreement as the undersigned have executed this Joint of the day and year first above written. ATTEST: BLUESTONE WATER CONSERVANCY D]STRTCT COLORADO RTVER WATER CONSERVATION DISTRICT ,.-i-.).-\\ [", \i'-. I V \. t,- President (SEAL) STATE OF COLORADO ) ) ss. CoUNTY OF uESe ) The foregoing instrument was acknowledged before 25th d1t1 of = I{av = , 1983, by Lawrence W. St.aE president of- ttre ETuestone water conEElvaE6y-5iEE?TEt.witness my hand and official seal. My commission expires:2-4-86 Address: P. O. Box 40 Grand Junction, Colorado 81502 STATE OF COLORADO )) ss. COUNTY OF MESA ) The foregoing instrument was acknowledged before me2!!!__ day of - MaY , 1983, by George M. Anderson as Secretary of the Bluestone Water Conservancy Distr:ict- Witness my hand and official seal. My commission expires:2-4-86 Address: P. O. Box 40crandJu@ me this John ' this \ (SEAL) ATTEST: Glenn Hartmann From: Sent: To: Subject: Attachments: Glenn, Sakata, Lisa [Lisa.Sakata@icfi.com] Saturday, January 18,2014 9:46 PM Glenn Hartmann Kobe - Exhibit 2 - from Mesa submittal Mesa County Submittal 11-22-2013 3.pdt Please find attached the overall site plan submitted with the Mesa County conditional use permit application, showing the intake, proposed pipeline, and connection to the existing pipeline. This is referenced in the Garfield Countyapplication project narrative as Exhibit 2. Sorryforthe confusion. Please let me know ifyou need anything further. Thanks! Lisa Sakata I ICF lnternational I Office: (303l'792-7513 | Cell: (303)513-7131 8310 S. Valley Highway, Suite 240 | Englewood I Colorado | 80112 | lisa.sakata@icfi.com I www.icfi.com Groph'c Scolc rl- :s..i !i #, I ri $ #, #fi\, -txstM 21" sEEi rAU L)E ,*ra, o-a*^\ro ftugw @ \21' rc t2' LtM -Z#'#tr#,;;e,' \j6rkL 2.' tu$ a\ NwiLt@Et ' - *7 surw *ts #!"6N ri{z,/,/ , ,r/ .!',')f//\_ )/ M6 HILLS ilEC LIN NE N\ @ME64Elr\\ @*D @/ a*--\ \ 'wM@N e 1-- rFx ,s'cuLdRt tN M @3 tx t5'cdERrJ' oz2a swf EE/) / _ir-,._-_4# *f_# MCr 4LLS hAl@ t ilt J ND PNB ds Lttul / )-#s', ^r{l#tr jsf'' Preliminory Nol For Conshuction Terminol Focility Site PlonKobe Pumping Plonl ond Pipeline Proiect Meso ond Gorfield Counties, ColorodoI 18 W6t si{h St.eet. Suile 200 Glen*oci Springs, CO 8160I 970.945.10O4 ww*.sgmrm '\-..-- \.,-,=- ;j1. -*" -\ ..---=---...-- .-_-t-.-( ) tutrrct -MG€ Sfu€ tuP S%ntuS1921t'o *a, \, PWO*o PtMNfNl @NtNi -*- srrcar orre{l : \M ffire 6 ru--] i--fffi.6@ rl\-\-\ PAtugO Wp u6@F-\ ctuh LtNx Edd f Ih< - Lruau,a ats.,tM^ .TV t -- *i{,c*{F=x' ---tN AUt 509J.9 \ MffD F-@-a&sRr@ ryger \au6 qLLs *8 tM\ \@!r@ \ \ s"'-'--- #,I I 1#5t' \ a:rta,,,c 2.- sf.L x@ L|NE \ut,\ \ Groph < S<olc -r-ra, I ia ,&_$dg$ #, raxs& x Ltff i a.\?6/&. z- cr$ I \ 6P @fi LtN@ Et' !/ 'nut@ wE _ dfffi w*wF %ffi- i \- ce\ UM ffW th1 'Lauru't dEs at erc r-1- lE /d@@fi ro\ I ./ Fx tc'cuLf-Pr1--iFan- ------TEW;\ -- cilftL ,ffiffiw@ E, Preliminory Not For Construclion ^fr#-*'' Eii-.__-] jsf'' Terrfrinol Focility Site PlonKobe Pumping Plonl ond Pfeline Proiect Meso ond Gor{ield Counlies, ColorodoI I 8 west Sixth Sireel, suile 200 Glerwmd Springs, CO 81601 ,*ra. raCr^ \ :C IWM F@ \ tuRF/C( -MM6 fuT tuw shn@s\bi2oitD Hld \\* MEt Ptarr@u \ 2.@ ffiL fuF FED-@uEMAf@ ilN6 \f/ tsouw 465 6-ffi @t LOU-mqrt ,uts t/ \tqtAld tu6 \ {C@N.- '\ cerfrutNr @tR \ \ Nsltu) t2' c6s 9- dP EM/ LMO 22'ND tt 25 e titu6 \ --nqwa/ :,:^;*,-,:-\ ! '.,.- \/ Lt,--,-.:i/ |I i.^.tsn @t tuMdJ i *;€o-t".-*MNratu / uLwpr ,, ,s'rurcr,-l {a72A SW EEt)--\ -.-^ry ry**#s- tucr hus u@ tt*t / ao pxa rc uuJ N, 'I 18 Wesi Sixth Stret, Suite 200 Glenwod Springs, CO 8,160'l 97O.945.1004 ww.sqfrinc.c( Kobe Development Proiect Phose 2 Meso County, Colorodo k,'::. :,