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
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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
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Preliminory
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Conshuction
Terminol Focility Site PlonKobe Pumping Plonl ond Pipeline Proiect
Meso ond Gorfield Counties, ColorodoI 18 W6t si{h St.eet. Suile 200
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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
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Kobe Development Proiect Phose 2
Meso County, Colorodo
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