Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

Category Archives: Development Agreement

Elmore County Doesn’t Think Cat Creek Energy Made Required Progress -The Letter

This letter is from the Elmore County, Idaho, Land Use and Building Department:

Download a pdf version of this document by clicking: Elmore County gives Cat Creek Energy 90 days to cure default

August 27th , 2025

Dear Terri:

This correspondence responds to your letter dated July 28, 2025 regarding Cat Creek Energy’s (“CCE”) efforts to achieve “substantial progress” in its water right proceedings before the Idaho Department of Water Resources (“IDWR”) and its licensing proceedings before the Federal Energy Regulatory Commission (“FERC”). As a reminder, these “substantial progress” requirements derive from the Third Amendment to Development Agreement adopted by the Board on August 2, 2024, and they require CCE to have achieved such “substantial progress” by July 28, 2025. I have read the July 28 letter and its attachments and make the following observations:

1. In the timeline attached to the letter as Exhibit A, only one event falls within the time period between execution of the Third Amendment on August 2, 2024 and the July 28, 2025 deadline. From the County’s perspective, only events within this period of time are relevant to the “substantial progress” requirement.

2. The one event within the relevant period of time is a reference to the April 7, 2025 “credit support letter” from Lotus Infrastructure Partners. However, upon review of that letter, it simply states that Lotus is “approved to enter into negotiations” with CCE, and it does not otherwise inform the level of progress CCE has achieved before the two relevant agencies, IDWR and FERC.

3. The Notice of Disclosure of Documents CCE filed with IDWR was in response to an order issued by IDWR Director Mathew Weaver on May 16, 2025, specifically requiring CCE to provide that information. In other words, it was not an overt attempt by CCE to advance its water right proceedings.

4. Pursuant to IDWR’s order of August 31, 2023, CCE is required to provide IDWR and the parties with a status report every six months, meaning that, during the relevant time period, two separate status reports were required, one towards the end of August 2024, and the other towards the end of February 2025. However, the County only has record of the February 2025 status report. In fact, that status report is the only document other than the Notice of Disclosure filed by CCE in its IDWR proceedings during the relevant time period.

5. Similarly, the only document the County is aware of that CCE has filed in its FERC proceedings during the relevant time period was its mandatory annual report of April 1, 2025.

6. FERC’s April 18, 2019 order granting CCE a preliminary permit contains the following language: “A preliminary permit is issued for the Cat Creek Energy Generation Facility Pumped Storage Hydroelectric Project No. 14655 to Cat Creek Energy, LLC for a period effective the first day of the month in which this permit is issued, and ending either 48 months from the effective date or on the date that a development application submitted by the permittee has been accepted for filing, whichever occurs first.” As we understand, this means that the preliminary permit expired unless CCE filed a formal development application prior to April 1, 2023.

7. The County does not have any record of CCE having filed a development application with FERC, and the FERC notice placing the licensing proceedings in abeyance was issued on May 19, 2023, after the April 1, 2023 expiration date.

As you may recall, at the time the Third Amendment was adopted, CCE declined Elmore County’s invitation to further define the phrase “substantial progress” for the purpose of gauging compliance. Based upon that phrase’s plain meaning, however, appears CCE has not achieved substantial compliance in its IDWR and FERC proceedings and, therefore, that it is in violation of the Third Amendment and the 2018 Development Agreement.

Pursuant to Section 5.1 of the Development Agreement, this letter constitutes Notice that CCE has ninety (90 days to rectify this default. If you believe this conclusion is in error, please submit certified statements from both IDWR and FERC expressing their opinion that CCE has achieved “substantial progress in their respective permitting processes within the next 90 days. addition, we have recently become aware of the enclosed order issued by the Federal Energy Regulatory Commission on June 27, 2025, accepting Idaho Power’s notice of termination of an agreement with CCE. To the extent CCE intends to challenge this preliminary conclusion of default, please also provide additional information regarding the background and context of the FERC order, its overall effect on CCE’s proposed project, and why it was not discussed in your July 28 letter, even though was issued within the relevant time period. Otherwise, we will proceed to schedule a hearing before the Board of Commissioners to determine if CCE is in default pursuant to Section 5.2 of the Development Agreement.

 

Signed by James Roddin, Interim Director, Planning Department

 

Please download a pdf version of this document by clicking: Elmore County gives Cat Creek Energy 90 days to cure default

Water Rights and Other Problems Continue to Plague the Cat Creek Energy Project

The Cat Creek Energy Project, tentatively scheduled to be developed on Little Camas Prairie and a portion of Camas Prairie in southwestern Idaho, has been having a difficult time getting started. And for good reason. This project was brought before the Elmore County Board of County Commissioners in 2017 and has faced stiff opposition from local citizens. There are also water rights issues, inconsistencies in what Cat Creek is planning in regard to the hydropower plant on Little Camas Prairie. There are also a host of federal requirement that Cat Creek Energy needs to deal with in the next two years.

On April 12, 2024, the attorneys for Elmore County filed a rebuttal to Cat Creek Energy’s 2024 Annual Report. The letter, pasted below, highlights some issues Cat Creek Energy needs to address before they can get approval for the project. Please read through this document to gain a better perspective of some of the newest issues that have materialized in the last year.  

 

April 12, 2024

VIA EMAIL AND EFILING

Kimberly D. Bose Secretary
Federal Energy Regulatory Commission 888 First Street, N.E.
Room 1A
Washington, DC 20426 https://ferconline.ferc.gov/FERCOnline.as px

                            Re: Cat Creek Energy and Water Storage Project No. P-14655-002 Response to Annual Report

Dear Ms. Bose:

On behalf of the Board of Commissioners of Elmore County, Idaho, please find the following response to the Annual Report filed by Cat Creek Energy on March 29, 2024. Elmore County has jurisdiction over the land use approvals required for the project pursuant to Idaho’s Local Land Use Planning Act (LLUPA), Idaho Code Title 67, Chapter 65. Elmore County is also a party to Cat Creek’s water right proceedings pending before the Idaho Department of Water Resources (IDWR). The Board has asked me to clarify some representations made by Cat Creek in the Annual Report.

Status of Cat Creek Water Rights

In Paragraph 6(a) under the “Brief Overview” section of the Annual Report, Cat Creek specifically represents that it is “currently entitled” to the storage of 100,000 acre-feet of water in Cat Creek Reservoir. This is untrue.

Cat Creek filed its initial water right application with IDWR on May 16, 2017. Since that time, very little has occurred to advance the matter toward a contested case hearing. At Cat Creek’s request, IDWR has ordered the proceedings to remain on hold

indefinitely. According to Cat Creek, the FERC proceedings need to proceed further before resuming the IDWR proceedings. With the FERC proceedings in abeyance, it is unclear when the water right proceedings will resume.

As a reference point, when Elmore County obtained its permit for water right 63-34348, nearly two-and-a-half years elapsed between the filing of the initial water right application (March 3, 2017) and the issuance of a final order by IDWR (August 13, 2019). And, no appeals were filed. As an additional reference point, when SBar Ranch appealed Elmore County’s approval of Cat Creek’s CUPs to the judicial system, more than four years elapsed between the filing of SBar’s initial petition for judicial review (May 1, 2018) and the issuance of a final order and remittitur by the Idaho Supreme Court (June 14, 2022). Based on the level of opposition to Cat Creek’s project that continues to be expressed by members of the public, there is no reason to believe these timeframes would be accelerated.

Therefore, even if Cat Creek requested resumption of its water right proceedings tomorrow, it is highly unlikely Cat Creek would have a final, non-appealable water permit before 2031, and every day that the water right proceedings are on hold just adds to that. Needless to say, it will be a long time before Cat Creek can accurately represent that it is “currently entitled” to any diversion and use of water.

Cat Creek Reservoir Expansion

Paragraph 6 also states that Cat Creek is “considering expanding the size of the new upper reservoir by another 50,000 acre-ft. [110,000 acre-ft to 160,000 acre-ft]….” It is true that Cat Creek has filed applications with both Elmore County and IDWR related to the expansion of Cat Creek Reservoir. However, at the February 9, 2024 public hearing before the County Commissioners, Cat Creek formally withdrew its request to expand the Reservoir in response to a suggestion that such a massive expansion should be evaluated by the County’s Planning & Zoning Commission. It is difficult to reconcile the representation in the Annual Report with the prior withdrawal of the request.

CUP/Development Agreement Status

Paragraph 2 under the “Elmore County: Requested Actions” section of the Annual Report states that Cat Creek’s Development Agreement with the County has been extended until October 19, 2026. The correct date is actually October 17, 2026. Regardless, while this representation is directionally accurate, there are two important qualifications that also require some background explanation:

Cat Creek’s initial five CUPs were approved by Elmore County on February 10, 2017, and the original Development Agreement required development of each CUP to be completed by February 10, 2022. At Cat Creek’s request, on February 4, 2022, the County extended the development deadline to February 10, 2024, pursuant to a particular provision within the Development Agreement allowing for a one-time two- year extension. At the time, Cat Creek cited the SBar Ranch appeal as the need for the extension, and Cat Creek also specifically assured the County: “Once the [SBar Ranch] appeal process is complete, Cat Creek Energy, LLC is ready to commence development.” (see attached; emphasis added).

As previously referenced, that appeal was complete as of June 14, 2022. Despite that, on December 1, 2023, Cat Creek applied for another extension. Again, Cat Creek cited delays from the SBar Ranch litigation, even though the litigation had concluded nearly 18 months earlier, and despite the prior assurance that Cat Creek would be “ready to commence development” at the conclusion of the SBar appeal. In response, the County approved another extension of the development deadline until October 17, 2026.

I provide this background because Cat Creek has filed a petition for reconsideration of the extension granted to it by the County. The hearing on that request has been scheduled for April 19, 2026. Therefore, while it is true that the County extended the development deadline until October 17, 2026, that decision is now being challenged, and we will not know the finality of that determination until Cat Creek’s reconsideration request is heard and the subsequent appeal deadline lapses.

In addition, it is worth noting that of the five CUPs issued to Cat Creek, only the CUP relating to hydropower is directly relevant to the FERC proceedings. While the October 17, 2026 development deadline applies to the hydropower CUP, it is also important to note that the CUP and Development Agreement contain a deadline to enter into a water delivery agreement with the County. That requirement has always had an earlier deadline than the CUP development deadline, and it has not yet been satisfied. So, while it is accurate to state that the development deadline has been extended until October 17, 2026, that date is relevant only if the earlier water delivery agreement requirement is timely satisfied or extended.

***

Thank you for the opportunity to provide these clarifications to Cat Creek’s Annual Report. If there is anything else Elmore County can provide that would be of assistance, please let me know. Otherwise, thank you for your attention to this matter.

Sincerely,

VARIN THOMAS LLC

END OF LETTER!

Federal Regulatory Commission Tells Cat Creek to Submit Progress Reports Now

(Last updated on Wednesday, April 13, 2022) – While the Elmore County Commissioners are reconsidering a previous decision to give Cat Creek Energy an extension on the construction of their large energy project, the Federal Energy Regulatory Commission (FERC) told Cat Creek they legally need to file progress reports on the pump storage hydro electrical generating facility portion of the project. The progress report deadline Cat Creek should have submitted expired about two weeks ago or more specifically, March 31, 2022. 

If Cat Creek Energy cannot even be bothered to submit a progress report to the US Government regarding the project they want to build on lands only 20 miles to the northeast of Mountain Home, Idaho, what makes the resident of Elmore County or the Elmore County Commissioners believe Cat Creek will follow through on any of the requirements set forth in the project’s Development Agreement between Elmore County and Cat Creek Energy, LLC. 

Below is a copy of the letter the FERC sent to Cat Creek Energy in April 2022, or download the pdf file at https://catcreek-energy.com/wp-content/uploads/2022/04/FERC_overdue-progress-report-13Apr2022.pdf

FEDERAL ENERGY REGULATORY COMMISSION

Washington, D.C. 20426

April 13, 2022

OFFICE OF ENERGY PROJECTS

Project No. 14655-001-Idaho
Cat Creek Energy and Water Storage Project
Cat Creek Energy, LLC

VIA Electronic Mail

James Carkulis
Cat Creek Energy, LLC
jtc@ccewsrps.net

RE:  Overdue Progress Report

 Dear Mr. Carkulis:
     Article 4 of the successive preliminary permit1 for the above referenced project requires submittal of a progress report every 12 months. According to our records, the progress report due March 31, 2022, has not been filed.
     The failure to timely file a progress report warrants the cancellation of the preliminary permit. This letter constitutes notice under section 5 of the Federal Power Act of the probable cancellation of the preliminary permit no less than 30 days from the date of this letter.
If you have any questions, please contact Michael Tust at (202) 502-6522 or michael.tust@ferc.gov.

 

 Sincerely,

~ Signed ~ 

David Turner, Chief Northwest Branch
Division of Hydropower Licensing

__________________
1167 FERC ¶ 61,046.

 

Originally published on April 13, 2022

 

Thanks,

A Concerned Group of Idaho Residents!

A Pine, Idaho Homeowner Explains Why “The Project” is Bad for the County

Elk and mule deer migration patterns be disrupted.

  • The Cat Creek Energy site would be built within a major migration corridor for mule deer, elk, pronghorn, raptors, and fish and other animals like bats.
  • The Cat Creek Energy site would be built in important sage grouse habitat.
  • The Cat Creek Energy site would affect our fishery and water quality.
  • The Cat Creek Energy site would create unacceptable noise pollution on Anderson Ranch Reservoir.

On May 16, 2019, Judge Nancy Baskin will have the opportunity to hear oral arguments that support the fact that the actions of Elmore County in regards to the Cat Creek Energy project approval were invalid. As a result we expect the judge will remand the project back to the Director of the P&Z Commission as early as July of this year.

Below you can read for yourself another of the many reasons we believe Judge Baskin will rule that the CUP approval process and the subsequent 2019 Development Agreement between Cat Creek and Elmore County were legally and procedural flawed.

 

Reference: Page 14 of the Petition for Judicial Review document at https://catcreek-energy.com/download/928/

Another opponent of the Project, Wendi Combs, a resident of Pine, Idaho, testified that the Project does not belong on Anderson Ranch Reservoir. She stated that “according to Fish and Game, the proposed site does lie within a major migration corridor for mule deer, elk, pronghorn, raptors, and fish and other animals like bats.

The area is an important sage grouse habitat. Sage grouse do not like tall structures, such as wind turbines, power lines, and towers. Displacement, avoidance and reduced nesting success are well documented.

Fish and Game are concerned about water quality impacts, entrainment of fish, particularly the bull trout, and endangered species. “We’re not talking about one, but six silos pumping water up and down the reservoir 24/7, 365 days a year,” their words in quotes.

Then there is the noise pollution that will affect all the surrounding neighbors and campsites rendering them practically useless for solace and enjoyment.”

We invite you to read the full 64 pages of the Judicial Review document that S Bar Ranch filed with Fourth Judicial District of Idaho to right this Cat Creek Energy wrong.

Download the document at https://catcreek-energy.com/download/928/

Take Action

Please help us stop the Cat Creek Energy project from moving forward. Contact County Commissioners Bud Corbus, Wes Wootan and Al Hofer and tell them you are opposed to this ill-conceived mega-energy project.

You can use the county website “Contact Form” at https://elmorecounty.org/contact/

or

See https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

Thanks.

 

A Judge Could Review the County Commissioner’s Decision of Approve the Cat Creek Project

The long, complex and contentious Cat Creek Energy project approval process started in 2016 and bit and pieces are still being worked out at the local level. While the Cat Creek Energy project still has some state and federal obstacles to overcome before they can officially ruin the Elmore County backcountry the S Bar Ranch isn’t sitting idly by.

On March 7, 2019, the owner of the S Bar Ranch filed a petition with the Fourth District Court asking a judge to review the decisions that Commissioner’s Bud Corbus, Al Hofer and Wes Wootan made regarding the nearly 4,000 acre Cat Creek Energy mega-project. The 64-page petition can be downloaded at https://catcreek-energy.com/download/928/ but we realize some resident don’t have the time to review such an extensive legal document, no matter how well it was written (it’s mostly plain language and tells a troubling story).

Just Some “Bit and Pieces” of the Document

Below you’ll find some actual snippets from the legal document to whet your appetite and give you a reason to spend a few hours reading about how entrenched the “good 0ld boy” network has become in our local government. So, here goes.

Page 9 / P & Z Deny all Conditional Use Permits in Aug 2016
On June 15, 2016, the Elmore County Planning and Zoning Commission (“P&Z Commission”) met to consider the applications. The P&Z Commission heard testimony from the Developer, representatives of the Developer, and others individuals who supported the Project, some individuals who were neutral and several individuals who opposed the Project. On July 13, 2016, the Elmore P&Z Commission conducted deliberations of the applications for the CUPs. On August 17, 2016, the P&Z Commission unanimously, on a 6–0 vote with one member absent, voted to deny the applications.

 

Page 10 / The Project Does not Comply With County Ordinance
The Commission made several findings that the proposed project conflicts with the Comprehensive Plan with regard to Private Property Rights Objectives, Land Use Objectives, Scenic Area Objectives, Hazardous Area Objectives, andAreas of Critical Concern Objectives.
The Commission further found that the Project failed to comply with the applicable Zoning Ordinances, including Title 6, and the applicable State and Federal regulations. The Commission concluded that the Applications do not comply with the required findings set forth in Section 6–27–7 of the Zoning Ordinances.

 

Page 30 / Conflicts of Interest
The Board of Commissioners have a conflict of interest that violates I.C. § 67-6506 and other law, and prevents them from serving as a neutral quasi-judicial body in this contested matter that is pending before the Board. The conflict arises from the fact that the County is
requiring, as a condition for issuance of CUP-2015-04 and the other CUPs, that the Developer agree to divert and deliver water from Anderson Ranch Dam to the County using the Developer’s infrastructure. In other words, the County has a vested beneficial interest in approving the granting of hydro CUP and the other CUPs, which prevents the Board from serving as a neutral decision maker as required by law.

A further conflict of interest is created by the fact that Commissioner Hofer purportedly stepped away from his duties as a Commissioner and acted as a negotiator representing the County in negotiations with the Cat Creek representatives to reach agreement on the terms of the Development Agreement. Those ex parte communications were not disclosed to the Petitioner or the public. The Development Agreement, negotiated by Commissioner Hofer, was then submitted to Commissioner Hofer’s fellow Commissioners for their approval. Knowing that the
terms of the Development Agreement submitted to Commissioners Wooten and Corbus had been negotiated and approved by Commissioner Hofer, there was no way that Commissioners Wooten and Corbuscould remain neutral and perform their duties as neutral decision makers regarding the terms of the Development Agreement.

 

Page 52 / The Board’s Decisions Violate Due Process Because Two of Its Members Had Ex Parte Communications with Cat Creek
During the December 22, 2017, public hearing, CommissionerWootan acknowledged the Commissioners had been communicating among themselves regarding the project and decided they wanted to make the project work. In response to comments from a representative of Cat
Creek that they would work with the Board to put a deal together that works for Cat Creek and the County, CommissionerWootan stated: “We’re already to that point. We’ve already communicated among ourselves that we’re workable, that we want to make their project work,
and we want to make our intent happen.” Obviously, the Board had decided to approve the project, regardless of the public’s input in the decision, in violation of due process.

Download the 64-page document at https://catcreek-energy.com/download/928/

 

What is Next and What We Expect – 16 May 2019

The next court hearing will be on May 16, 2019, at 3 p.m. in Boise, Idaho before Judge Nancy Baskin.  That is when S Bar Ranch will present oral arguments in support of our case and ask the judge to rule that the actions of the County are invalid and to remand it back to the Director of the Elmore County P&Z Commission.  

We believe Judge Baskin will take the decision under advisement and render a written decision as early as July 2019.

 

Take Action Before it is too Late

There are many actions you can take that will send a clear message to the Elmore County Commissioners, the State of Idaho and even our federal government. 

Contact the Elmore County Commissioners and tell them you are opposed to the Cat Creek Energy project. 

Contact your State Representative and State Senator and tell them to find a way to stop the Cat Creek Energy project before it ruins our Idaho backcounty, hunting grounds and fisheries. 

Contact Senator’s Crapo, Senator Risch, Congressman Simpson, and Congressman Fulcher.

We’ve put together a list of contact information for all the elected official mentioned above at https://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/ 

 

Share, Share and Share Some More

There are many people in and around Elmore County that still do not know about the Cat Creek Energy project and how badly it will affect wildlife, fishing, water quality and hunting. Please share this information with your friends, family, and co-workers.

 

Thanks.

Understanding the 10,000 Pages of the Complex Cat Creek Energy History?

This is the future with Cat Creek Energy

Can you really understand the Cat Creek Energy project just by reviewing the 10,000 or so documents created by the numerous hearings and meetings? Could you afford to obtain all the documents related to this complex project? Keep in mind, you’ll probably be charged $3,000+ just to get the digital files. With that said …

The Elmore County Commissioners just gave the Cat Creek Energy lawyers another six months to hammer out a water diversion and delivery agreement with the county for this ill-advised and ill-conceived project. And during that Dec. 14, 2018 hearing the history of the project became even more complex.

After years of backroom dealings, legal wrangling, last minute changes, hearings, and deliberations, we don’t know how many documents currently make up the history of the proposed Cat Creek Energy project slated for our nearby backcountry. No one knows how many pages of documentation has been created in a vain attempt to get approval for this project. And that is a problem.

The project? Just 20 mile or so up Highway 20, outside of Mountain Home, Idaho, a Gooding-based corporation plans to construct a 5,750-acre mega-energy project that also includes the construction of a 170,000 solar panel energy plant.

This is the current history without Cat Creek Energy

Two years ago, in November 2016, the county commissions figured there were 8,000 pages of testimony already in existence. One month ago, in November 2018, an Elmore County Commissioner testified again that there were still about 8,000 pages of testimony and evidence. We believe there is likely much more documentation and there is just too much information lying around in boxes within county offices to allow the Cat Creek Energy project to move forward.

The public, the commissioners and likely even the developers are a little confused as to how this project will move forward without harming the residents of Elmore County. And we think it important that the people who will be greatly affected by the project’s 500-foot tall wind turbines, a 590 acres of solar panels, countless high tension electrical transmission lines and an Anderson Ranch draining reservoir to understand its long and complex history.

So, here is a shortened version …

Part 1: 2016 – Feb 2018 History of the Cat Creek Energy Project

In 2016, Cat Creek Energy, LLC submitted five Conditional Use Permit (“CUP”) applications to Elmore County for various projects in the County’s Agriculture and Area of Critical Concern Overlay Zones. The projects include the installation of:

1. Transmission lines (“CUP-2015-03”);

2. Pump storage hydro-electrical generating facility (“CUP-2015-04”);

3. PV solar electrical generating facility (“CUP-2015-05”);

4. Wind turbine electrical generating facility (“CUP-2015-06”); and

5. Substation (“CUP-2015-07”), (collectively the “CUPs”)

The projects are collectively referred to herein as the “Proposed Development.”

June 15, 2016 / July 13, 2016: The CUPs came before the Planning and Zoning Commission of Elmore County, Idaho (the “Commission”) on June 15, 2016, for a public hearing, and on July 13, 2016, for deliberation. Evidence was presented to the Commission that the CUPs were in conflict with the Comprehensive Plan of Elmore County and would have a negative impact on the “surrounding area.”

July 13, 2016: After finding that the CUPs were dependent on each other and could not exist separately, the Planning and Zoning “Commission” of Elmore County, denied the approval of the CUPs.

In its Findings of Fact, Conclusions of Law and Order, the “Commission” found, among other things, that the issuance (or approval ) of the CUPs would have a negative impact on the surrounding area as well as other properties in the area. Approval would have a negative effect on the scenic characteristics and visual aspects of the area.

Summer 2016: Cat Creek appealed the Commission’s Decision to the Elmore Board of County Commissioners (“Board” or BOCC).

November 16, 2016: The “Board” held a hearing on the appeal of the Commission’s Decision on November 16, 2016, at which time Cat Creek presented new evidence for the first time that materially changed Cat Creek’s applications for the CUPs, including a new master site plan of the integrated Proposed Developments. This new evidence was not properly noticed as part of the hearing.

January 13, 2017, February 3, 2017, and February 10, 2017: The “Board” / BOCC held deliberations on the appeal of the Commission’s Decision on January 13, 2017, February 3, 2017, and February 10, 2017.

During the deliberations on February 10, 2017, the Board issued its lengthy Findings of Fact, Conclusions of Law and Order (February 2017 Order”), which had obviously been prepared prior to the February 10, 2017 “deliberations”.

In its February 2017 Order, the Board affirmed the Planning and Zoning Commission’s finding that the five separate CUPs were dependent on each other and could not exist separately.

However, the BOCC reversed the Commission’s Decision and provisionally approved the CUPs subject to certain conditions that had to be satisfied by the Developer before construction of the Proposed Development.

The “Board of County Commissioners retained jurisdiction of the conditional use permit application process and as a condition for the approval of the CUPs, required the execution and recordation of a “Development Agreement” by and between the County, Cat Creek, and the entities owning the land (“Landowners”) where the Proposed Development was to be located.

The February 2017 Order expressly provides that the Developer could not proceed with the Proposed Development until the Development Agreement was executed between Cat Creek, the County, and the Landowners, and recorded in Elmore County.

January 2017 through February 9, 2018

Over the course of approximately one year, Cat Creek, the County, and the Landowners met on several occasions to draft, discuss and negotiate the terms of the Development Agreement.

The Development Agreement was signed by Cat Creek, the Landowners and the Elmore County Commissioners on February 9, 2018, and recorded on the same date.

The Development Agreement that was approved materially altered the terms and conditions of the CUPs that were approved in the February 2017 Order. The material alterations include:

  • A new master site plan that was never presented to the public for consideration.
  • The Development Agreement that was executed and recorded excludes the terms and provisions for the hydro component—CUP 2015-04, for the diversion and delivery of water by the Developer to the County, which is a major component of the Proposed Development.

 

Cat Creek Energy Development Agreement with Elmore County Gets its First Amendment

During the Dec. 14, 2018 public hearing.

Spoiler Alert: The county commissioners agreed to give Cat Creek Energy, LLC more time to renegotiate certain water issues at the Dec. 14, 2018 public hearing.

The Hearing

In a nutshell, this is what happened at this 30-minute public hearing. The first amendment of the development agreement between Cat Creek Energy and Elmore County in regards to the mega-energy project slated for our backcountry was approved during a public hearing and deliberations on December 14, 2018.

The approved amendment, however, was merely to give the county and the Gooding-based corporation extra time to negotiate the Water Diversion and Delivery Agreements portion of a joint development agreement. The original date to hammer out the details was December 31, 2018. The new date to agree on those water issues is now officially, June 30, 2019.

If the county and Cat Creek Energy cannot come to an agreement by June 30, 2019, the conditional use permits (CUP 2015-04) will lapse.

There were four individuals who testified against giving Cat Creek Energy additional time to hammer out the agreement and one individual who was neither for nor against the amendment. The interesting thing to know and understand is, Cat Creek Energy did not publicly testify at this meeting. There was one Cat Creek lawyer in attendance and she did not give us any reason for why they require more time. That could be important.

FYI: CUP-2015-04 deals with the proposed Cat Creek Reservoir and its Pump Storage Hydro-electrical Generating Facility.

Reference:

More to Come

Expect a follow-on post regarding this issue where we will discuss some of our thoughts about what happened and what didn’t happen at this and other related public hearings.