Did You Know – New Water Right Elmore County ‘v’ Cat Creek Energy

Did you know the water right Cat Creek Energy wants to use for the pump-storage hydroelectric plant portion of the mega-energy project in the backcounty of Elmore County hasn’t even been created or permitted yet? It’s a proposed water right.
Did you know the Development Agreement between Cat Creek Energy and Elmore County has been said to be so complex that both parties wanted delays before agreeing to the water delivery portion for 10 months so they could sort out all the complexities?
Did you know Cat Creek Energy is asking for more time to sort out all the problems with the complex water delivery agreement?
Did you know that Elmore County also applied for the same proposed water right from the South Fork of the Boise River/Anderson Ranch Reservoir? Cat Creek Energy is in competition for the same water that Elmore County is asking IDWR for.
Did you know the United States Forest Service has concerns about Cat Creek Energy siphoning water out of Anderson Ranch Reservoir?
Did you know Cat Creek Energy would control any flow of water from their proposed and far-from-federally-or-state approved Cat Creek Reservoir on Little Camas Prairie to points downstream into the Mountain Home area?
Did you know that the proposed Cat Creek Energy owned reservoir would sit on the edge of the bluffs above Anderson Ranch Reservoir? Who builds a reservoir 800 feet above a pristine body water and doesn’t expect something to go wrong.
Did you know Cat Creek Energy would also use that reservoir for their partner’s cattle ranching and farming operations?
Did you know that for the past two summers (2017 and 2018) Little Camas Reservoir has a toxic blue-green algae health advisory issued for that body of water? In addition, the proposed Cat Creek Reservoir will be interconnected to both Anderson Reservoir and Little Camas Reservoir increasing the likelihood of blue-green algae contamination in Anderson Ranch Reservoir?

What Can You Do?

Call or write a letter to the Elmore County Commissioners with a delivery date on or before Dec. 14, 2018 stating why you oppose the amendments to the Development Agreement between Cat Creek Energy and Elmore County.

Phone: Commissioner Wes Wootan (208)599-3131 and/or Commissioner Bud Corbus: (208) 599-1294

Write:
Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

Attend the 1:30 p.m. public hearing on Dec. 14, 2018.

More information about the hearing, phone numbers and mailing address can be found at http://catcreek-energy.com/event-cat-creek-energy-public-hearing-for-amending-the-development-agreement-with-elmore-county/

Spread the word about the Dec. 14, 2018 meeting. At least one county commissioners believe that because very few people attend these hearing the issues aren’t important to the residents of Elmore County.

EVENT: Cat Creek Energy Public Hearing for Amending the Development Agreement with Elmore County

What It’s About?

Can you attend the public hearing at 1:30 p.m. on Friday, December 14, 2018, at the Elmore County Courthouse regarding the Development Agreement between Cat Creek Energy and “the people”?

The Elmore County Commissioners will accept public testimony regarding the possibility of giving Cat Creek Energy full control of a new domestic water source from the South Fork of the Boise River and Anderson Ranch Reservoir.

We don’t believe handing a Gooding County-based corporation the authority, responsibility, and control over Elmore County’s domestic drinking water is a good idea.

Documentation Regarding This Public Hearing

Currently, there are three documents directly related to this December 14, 201,8 public hearing. You can and should download/read the following.

#1. The Public Hearing Notice: “Dec 14, 2018, Public Hearing Notice – Cat Creek Energy Development Agreement” that can be viewed or downloaded HERE Dec 14, 2018 Public Hearing Notice - Cat Creek Energy Development Agreement or at the direct link found at http://catcreek-energy.com/download/731/

#2. Option #1 (blue document) First Amendment to Development Agreement – 14 Dec 2018 Hearing: It can be viewed or downloaded HERE OPTION #1-First Amendment to Development Agreement - For the Dec. 14, 2018 Hearing or at the direct link found at http://catcreek-energy.com/download/755/

#3. Option #2 (orange document) First Amendment to Development Agreement – 14 Dec 2018 Hearing can be viewed or downloaded HERE OPTION #2-First Amendment to Development Agreement - For the Dec. 14, 2018 Hearing or at the direct link found at http://catcreek-energy.com/download/758/

When and Where

1:30 p.m. On Friday, December 14, 2018, at the Elmore County Courthouse in Mountain Home, Idaho.

Address: 150 South 4 East, Mountain Home, ID 83647

Map Link: https://goo.gl/maps/W1vikDroruw

Take Action

We believe it is important the residents of Elmore County and anyone who loves our backcountry for it’s abundant recreational opportunities to tell the county commissioners you are opposed to the entire Cat Creek Energy project and you oppose the idea of allowing this corporation to control our future domestic water delivery system.

If you cannot attend this public hearing please call the two Elmore County Commissioners who will make the decision whether to allow the Cat Creek Energy project to move forward.

Commissioner Wes Wootan (208)599-3131

Commissioner Bud Corbus: (208) 599-1294

FYI: Commissioner Hofer has been recused from any decision making authority on the Cat Creek Energy project.

Anyone who wishes to testify, but is unable to attend the 1:30 p.m., Friday, December 14, 2018, hearing, may submit written testimony prior to the hearing by sending it to the:

Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

An easy way to further help us is to share this post with your family, friends and co-workers.

14 Dec. 2018 Public Hearing to Amend the Cat Creek Energy Development Agreement

The Elmore County Commissioners have scheduled a public hearing in our county courthouse at 1:30 p.m. On Friday, December 14, 2018. The purpose of the hearing is to gather testimony regarding two possible amendment issues involving the development agreement between the county and Cat Creek Energy, LLC.

The complexity and unknowns involving this possible Cat Creek Energy mega-project continue to grow. And now the county commissioners and the Gooding, Idaho based corporation want to discuss amending a portion of an agreement they signed on February 9, 2018.

NOTE: Public testimony will be accepted at this hearing. We hope opponents of the Cat Creek Energy project will attend this meeting or provide written testimony prior to the hearing.

What are the Amendment Issue Options?

Officially, Elmore County indicates the two possibilities are:

1) Extend the period of time for Cat Creek Energy, LLC to enter into an agreement with Elmore County regarding the diversion and delivery of water

Or …

2) Amend the diversion and delivery of water for Elmore County.

More Information?

As of the publish date of this blog post/Facebook post, we don’t have the amendment wording that the commissioners and Cat Creek Energy will be discussing at this hearing.

Hopefully, Elmore County will release the proposed amendment wording early enough to allow our citizens time to read, research and craft an educated rebuttal.

Take Action Today

Even though we don’t have any information regarding how Cat Creek Energy would like to amend the diversion and delivery of water agreement from Anderson Ranch Reservoir to Little Camas Reservoir, we believe contacting your elected officials would be helpful.

You can call the two Elmore County Commissioners who will make the decision whether to allow the Cat Creek Energy project to move forward.

Commissioner Wes Wootan (208)599-3131

Commissioner Bud Corbus: (208) 599-1294

FYI: Commissioner Hofer has been recused from any decision making authority on the Cat Creek Energy project.

Anyone who wishes to testify, but is unable to attend the 1:30 p.m., Friday, December 14, 2018, hearing, may submit written testimony prior to the hearing by sending it to the:

Elmore County Land Use and Building Department
520 East 2nd South Street
Mountain Home, Idaho, 83647

You should also consider contacting other elected official listed on the webpage:

Mailing Addresses for Cat Creek Energy Issues

Reference: “Dec 14, 2018, Public Hearing Notice – Cat Creek Energy Development Agreement” that can be viewed or downloaded HERE Dec 14, 2018 Public Hearing Notice - Cat Creek Energy Development Agreement or at the direct link found at http://catcreek-energy.com/download/731/

“Transmission Lines Would Run From the Southern Shore” …

*What the Anderson Ranch Reservoir view might look like when the Cat Creek Energy project is finished.*

Elmore County’s own engineering study said this of the Cat Creek Energy project:

“Very limited information on the electrical line from the powerhouse to the
substation is presented. Voltage and construction information are absent. We surmise this line (34kV?) would run from the southern shoreline of Anderson Ranch Reservoir, ascend to the canyon rim through open forest habitat and then cross mixed grass land and shrub steppe to the substation. The line has the potential to cause a number of impacts to wildlife which would need to be addressed.”

In 2016, the Elmore County Planning and Zoning Board said the the vast majority of the project was “Not Compatible” with the surrounding environment when they denied Cat Creek Energy the permits to build a large-scale energy project in our backcountry.

Who hasn’t fished, boated, camped or driven along Anderson Ranch Reservoir? I can’t imaging anyone in Elmore County that hasn’t been along the shores of our finest body of water. This is what Cat Creek Energy considers “compatible” with the surroundings?

Take Action

Call, write to and/or email your government representatives and tell them you are opposed to the entire Cat Creek Energy project.

or, be bold and write a letter to:

Cat Creek Energy LLC
398 S. 9th St., Ste 240
Boise, ID 853701

List of addresses: http://catcreek-energy.com/mailing-addresses-for-cat-creek-energy-issues/

Reference: Attachment 2 found at Attachment 2 - Independent Review of the Cat Creek Energy Wildlife Management Plan

The 5 Conditional Use Permits (CUP) of the Cat Creek Energy Project

In 2017, the Elmore County Commissioners approved five different conditional use permits as part of a mega-energy project slated to be built in Elmore County. Cat Creek Energy has always told the residents that all five parts of the project needed to be approved to make it financially feasible. The commissioners approved those five CUPs with that verbal stipulation.

However, that is not the case anymore. Cat Creek Energy and Elmore County have separated the CUP and the project might be able to move ahead in a piecemeal progression. That was not the way it was sold to the residents and taxpayers of Elmore County.

A Conditional Use Permit: Elmore County has specific uses which are allowed only after review by the Planning & Zoning Commission. These uses require a Conditional Use Permit (CUP). The allowable uses for each zone are listed in the County Zoning Ordinance.
Note … The Elmore County Planning and Zoning Commission denied all 5 Cat Creek Energy CUPs in 2015. The County Commissioners overruled P & Z in 2017.

Here is a brief explanation of these very complex and seemingly ever-changing permits.

Meeting/Hearing Date: 6/15/2016 — Date Report Compiled: 6/8/2016

CUP-2015-03: Conditional Use Permit for transmission lines in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-03. The site is located in portions of Sections 26 and 35, Township 1N, Range 9E, B.M., Sections 2, 3, 10, and 11, Township 1S, Range 9E, B.M.

CUP-2015-04: Conditional Use Permit for pump storage hydro electrical generating facility in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-04. The site is located in portions of Sections 26, 27, 35, and 36, Township 1N, Range 9E, B.M and portions of sections of 1 and 2, Township 1S, Range 9E, B.M.

CUP-2015-05: Conditional Use Permit for a PV solar electrical generating facility in the Agriculture Zone. Case Number: CUP-2015-05. The site is located in portions of Sections 2, 3, 10, and 11, Township 1S, Range 10E, B.M.

CUP-2015-06: Conditional Use Permit for a wind turbine electrical generating facility in the Agriculture and Area of Critical Concern Overlay Zones. Case Number: CUP-2015-06. The site is located in portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 21, 22, 28, 29, 30, 31, 32, and 33, Township 1S, Range 10E, B.M., Sections 19, 20, 28, 29, 30, 31, 32, and 33, Township 1N, Range 10E, B.M., Sections 25, 26, 27, 35, and 36, Township 1N, Range 9E, B.M., Sections 1 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, and 24, Township 1S, Range 9E, B.M.

CUP-2015-07: Conditional Use Permit for a substation in the Agriculture Zone. Case Number: CUP-2015-07. The site is located in portions of Sections 2 and 11, Township 1S, Range 9E, B.M.

Applicant:
Cat Creek Energy, LLC
1989 South 1875 East
Gooding, ID 83330

Case Number(s):

CUP-2015-03 (Transmission Lines)
CUP-2015-04 (Pump Storage Hydro- Electrical Generating Facility)
CUP-2015-05 (Solar- Electrical Generating Facility)
CUP-2015-06 (Wind- Electrical Generating Facility)
CUP-2015-07 (Substation)

Location: A common way of locating the property for all the CUP’s is from Mountain Home travel US 20 north for 25.4 miles to Wood Creek Road. Center of projects is approximately 3.2 miles north on Wood Creek Road.

Reference: The 5 Condition Use Permits of the Cat Creek Energy Project – http://catcreek-energy.com/download/670/

Results From the Oct. 5, 2018 Cat Creek Energy Public Hearing

*If the Cat Creek Energy project gets approved, this is what you can expect to see on Little Camas Prairie.*

A public hearing regarding the Cat Creek Energy and Elmore County Development Agreement was held on Friday, October 5, 2018. However, Cat Creek Energy lawyers and the county commissioners could not come to a satisfactory agreement over water issues and Cat Creek bowed out of this public hearing that they requested in September 2018.

With Cat Creek Energy withdrawing their draft amendment to the development agreement, the Elmore County Commissioners decided there was no reason to take public testimony on the issue. Chairman Wes Wootan and Commissioner Corbus voted to close out the public hearing immediately following a quick briefing by Buzz Grant, the Board of County Commissioners (BOCC) legal counsel.

Mr. Grant indicated that Cat Creek Energy is aware that the incomplete Development Agreement needs to be finalized by December 31, 2018, or the conditional use permit for at least one portion of the mega-project will expire and be null and void.

The county fully expects Cat Creek Energy representatives will come back to the negotiating table in the future. Concerned citizens, the S Bar Ranch, and many others are closely monitoring all the shenanigans and legal maneuvering of Cat Creek Energy, LLC and will continue to post updates both on this website and on our Facebook page at @SbarRanch / https://www.facebook.com/SBarRanch/

Please help us get the word out by sharing this blog and/or Facebook posts.

Commissioners Select Oct. 5 for a new Cat Creek Energy Public Hearing

Public testimony will be accepted at a 1:30 p.m. hearing on Friday, October 5, 2018, in the Elmore County Courthouse regarding the Cat Creek Energy project. This public meeting was made necessary when the county commissioners refused to approve Cat Creek Energy’s previous draft amendment during a September 7, 2018 hearing pertaining to a development agreement between the fledgling energy company and the county.

During that Sept. 7^th hearing, Commissioner Corbus lectured the lawyers and spokesmen for Cat Creek Energy for trying to undermine the county’s efforts to obtain a water right from the South Fork of the Boise River. The major concern that the commissioners had with the proposal was the lack of detail Cat Creek provided for the money they could be charging the county for any water they might deliver to the citizens.

This new hearing and the proposed amendment is obviously an effort to smooth things over after the two parties walked away from the deal. In previous meetings, Corbus indicated that Cat Creek Energy categorically stated Elmore County wouldn’t have to worry about getting the water down to the Mountain Home area as Cat Creek Energy could get it there. However, Corbus said the actions and protests Cat Creek threw in front of the county was a sign that the energy company didn’t mean what it said.

According to Elmore County documents, “Any and all interested persons shall be heard at said hearing and the public is welcome and invited to submit testimony. Testimony will be limited to the Amendment of the Development Agreement and its terms and conditions.

Anyone who wishes to testify, but is unable to attend, may submit written testimony prior to the hearing by sending it to:

Elmore County Land Use and Building Department
520 East 2nd South Street,
Mountain Home, Idaho, 83647

Download the Public Hearing Notice by clicking here … Oct. 5, 2018 Public Hearing - Cat Creek Energy Development Agreement

or, the same information in a public link at http://catcreek-energy.com/download/586/

Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

Tag Archives: Development Agreement