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HomeMy WebLinkAbout1.09 Availability of water for hidrostatic testing of natural gas pipelinesMOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. JAMES R. MONfGOMER Y TIMOTHY J. BEATON RICHARD J. MEHREN AARONS. LADD CAROLYN R. STEFFL WILLIAM M. STENZEL Christopher Durrant Encana Oil & Gas (USA) Inc. 370 17th Street, Suite 1700 Denver, CO 80202 LAW OFFICES 1002 WALNUT STREET, SUITE 300 BOULDER, COLORADO 80302 TELEPHONE: (303)443-8782 FAX: (303)443-8796 www.mwhw.com ADDRESS CORRESPONDENCE TO: P. 0. BOX 1440 BOULDER, CO 80306-1440 October 13, 2010 CHARLES N. WOODRUFF (1941-1996) COUNSEL RAPHAELJ. MOSES JOHN WITTEMYER DAVID L. HARRISON BY EMAIL AND MAIL Re: Availability of Water for Hydrostatic Testing of Natural Gas Pipelines Dear Chris: This firm represents Encana Oil & Gas (USA) Inc. ("Encana") with respect to its Colorado River basin water right matters. Encana has asked us to provide our opinion as to whether the water rights it owns in the Colorado River Basin will provide sufficient volumes of water for hydrostatic testing of the below-described natural gas pipelines that are proposed for construction by Encana. Encana owns the water rights described in the June II, 2004 Quit Claim Deed attached as Exhibit A to this letter. Encana's primary Colorado River water right is referred to as the "Pumping Pipeline" and is identified in the top table on page A-1 of the Quit Claim Deed. Encana owns 108.5 cubic feet per second of the 118.5 cubic feet per second originally decreed to the Pumping Pipeline on September 5, 1952 in Civil Action No. 4004, Garfield County District Court. A flow rate of one cubic foot per second is equivalent to approximately 449 gallons per minute. Therefore, Encana has the right to divert its Pumping Pipeline water right from the Colorado River at a flow rate of approximately 48,716.5 gallons per minute (108.5 cubic feet per second X 449). I understand that Encana' s proposed natural gas pipelines described as follows require the specified volumes of water to complete the hydrostatic testing of those pipelines: (I) East Dry Hollow Phase I Addition Pipeline -386,060 gallons; (2) Hunter Mesa to Pumba Pipeline -320,000 gallons; and (3) High Mesa Discharge Pipeline -246,000 gallons. In my opinion, Encana's Pumping Pipeline water right decreed in for diversion from the Colorado River in the amount of 108.5 cubic feet per second can legally and physically provide the volumes of water required for hydrostatically testing the above-described natural gas pipelines. MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Christopher Durrant October 13,2010 Page 2 Please feel free to contact me if you have any questions or need any additional information. RJM/jab Sincerely yours, MOSES, WITTEMYER, HARRISON AND WOODRUFF, P.C. Richard J. ehren