With a public hearing scheduled for 1:30 p.m. on December 14, 2018, in the Elmore County Courthouse regarding the possible amendment to the Development Agreement between Cat Creek Energy, LLC and Elmore County coming up soon, we thought you might like to see both proposed amendments and the current document.
The full Development Agreement between Cat Creek Energy, LLC, and Elmore County can be viewed and downloaded here …
CCE_Development Agreement (9-Feb-2018)-10673026_1. or at the direct link to that 37 page document at http://catcreek-energy.com/download/463/
A Snippet of the Development Agreement
DEVELOPMENT AGREEMENT RELATIVE TO CAT CREEK ENERGY, LLC
CONDITIONAL USE PERMITS (CUP 2015-03, CUP 2015-04, CUP 2015-05, CUP 2015-
06, CUP 2015-07)
This Development Agreement Relative to Cat Creek Energy, LLC Conditional Use Permits
(CUP 2015-03, CUP 2015-04, CUP 2015-05, CUP 2015-06, CUP 2015-07) (the “Agreement”) is
entered into this 9th day of February 2018, (“Effective Date”), by and between
Elmore County (the “County”), a political subdivision of the State of Idaho, and Cat Creek Energy,
LLC, an Idaho limited liability company (the “Developer”) (collectively, the “Parties”).
NOTE: WITNESSTH portion of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth
herein, the Parties agree as follows:
SECTION 1. DEVELOPMENT OF THE PROJECT.
NOTE: Section 1 of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.
SECTION 2. REQUIRED ENCLOSURES FROM CONDITION NUMBER TWO.
NOTE: Section 2.1 of the development agreement between Cat Creek Energy and Elmore County was not included (redacted) in this post because it is not pertinent to the December 14, 2018, public hearing.
(Current) 2.2. Water Diversion and Delivery. Given the complexities of water diversion and
delivery related to the Project, and in an effort to move the Project forward without further delay,
the County and Developer have agreed to defer the negotiation and execution of all Water
Diversion and Delivery Agreements to a later date, to be heard after notice and public hearing, but
which shall be done prior to December 31, 2018, or the CUP related to water shall lapse.
There are two proposed amendments to section 2.2 of the Development Agreement
Option #1 (Blue Document)
The Parties hereby agree to replace Section 2.2 of the Development Agreement with the
2.2 Water Diversion and Delivery.
(a) The Developer shall divert and deliver water at a rate of up to 200 cubic feet per
second (cfs) to the County under its water right, in priority, on a continuous flow basis, from
the South Fork Boise River to Little Camas Reservoir by use of Developer’s infrastructure, as
long as (1) the water can be accepted into Little Camas Reservoir, as determined by the
Mountain Home Irrigation District, in its sole discretion; and (2) the water diversion and
delivery does not prevent the Developer from performing its ordinary water operations, which
term is defined as generating electricity via hydro-power or performing ordinary maintenance
of its hydro-power infrastructure and (3) Cat Creek Reservoir stored water is at least 20,000
acre feet. Developer’s duty to divert and deliver water to the County shall be suspended
during any emergency conditions that may exist outside of the Developer’s control. The
Developer agrees to use commercially reasonable efforts not to schedule maintenance work
during the anticipated water diversion and delivery time periods for the County.
(b) For those years when the County elects to take water delivery under Section 2.2 (a)
above, charges for water diversion and delivery shall be billed to the County based on the
Developer’s actual cost of electricity for pumping the quantity of water diverted and delivered
to the County under its water right. Billing invoices from the Developer shall specify the total
amount of water pumped, diverted and discharged to the Anderson Ranch Reservoir by the
Developer and the total amount of water diverted and delivered into Little Camas Reservoir for
the benefit of the County for the twelve (12) month period in which the County takes water
delivery. The Developer shall invoice the County within ninety (90) days from the end of
water delivery to the County for that water delivery period and provide copies of its electricity
cost and its water diversion records to the County with the annual invoicing. Payment by the
County shall be due and payable thirty (30) days after receipt of the annual invoicing.
(c) The Developer consents to use of its diversion point for diversion of water under the
County’s water right.
(d) The County will inform the Developer, or its designated agent, no less than twenty-four
(24) hours prior to any County request for diversion and delivery of water under its water
right. Provided, however, the County shall be under no obligation to request diversion or
delivery of any water, or accept any water, and any County request for water diversion or
delivery shall be in the County’s sole discretion.
(e) The Developer has withdrawn its pending protest at the Idaho Department of Water
Resources against the County’s application for water permit no. 63-34348. The County has
withdrawn its protest against Developer’s water right application No. 63-34403 filed with the
Idaho Department of Water Resources.
(f) The Developer, the Landowners, the County, and their agents, consultants, and
employees shall act in good faith regarding the County and Developer’s pursuit of a water
permit and license under their respective applications, pending before the Idaho Department of
Water Resources, and shall also act in good faith regarding the County and Developer’s
relationship with the Mountain Home Irrigation District.
(g) Notwithstanding anything in the Development Agreement to the contrary, the
County’s obligations to pay for electricity for pumping expense under Section 2.2(b) of the
Amendment in connection with the diversion and delivery of water by the Developer to the
County under Section 2.2(a), shall be subject to and dependent upon the appropriations
being made in the fiscal year for the diversion and delivery of water by the Elmore County
Board of Commissioners for such purpose.
ALL OTHER PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL REMAIN
IN FULL FORCE AND EFFECT.
Option #2 (Orange Document)
The Parties hereby agree to replace Section 2.2 of the Development Agreement with the following:
“2.2. Water Storage and Delivery. Given the complexities of water diversion and delivery related to the Project, and in an effort to move the Project forward without further delay, the County and Developer have agreed to defer the negotiation and execution of all Water Diversion and Delivery Agreements to a later date, to be heard after notice and public hearing, but which shall be done prior to June 30, 2019, or the CUP related to water (CUP 2015-04) shall lapse.”
ALL OTHER PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
Take Action / 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 shown above.
Commissioner Wes Wootan (208)599-3131 Commissioner Bud Corbus: (208) 599-1294
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. If you are viewing this on a computer, there is a Facebook Share button just below this post.