Why Did Cat Creek Energy Decide to Unlink the Project Permits?

“All five conditional use permits need to be approved to make the Cat Creek Energy project financially viable.” – Creek Creek Energy Spokesman in 2016

Throughout the permitting process, almost every Cat Creek Energy spokesman testified that all five parts of the project needed to be approved or they couldn’t move forward. The permitting process started in 2015 and ended in 2018.

What We Heard:

“They’ll never get federal approval for the power lines in sage grouse territory or water rights for their proposed Cat Creek Reservoir.” – Many people who attended the 2016 and 2017 CUP approval hearings.

In 2018, after the Elmore County Commissioners surprisingly approved the five conditional use permits, Cat Creek Energy decided the project really might be financially viable with only a portion (huge wind farm or 590-acre solar plant) getting built out. It’s almost like Cat Creek Energy intended to pull the wool over our eyes while getting the county to approve their mega energy project.

Water Rights Problem

Cat Creek Energy has run into significant headwinds in obtaining water rights for their proposed reservoir on Little Camas Prairie. About 20 different private and governmental entities filed separate objections and protests to Cat Creek Energy’s water right permit application they filed with the Idaho Department of Water Resources (IDWR). Elmore County “was” one of those entities that objected to Cat Creek getting their hands on Anderson Ranch Reservoir water.

It’s Unacceptable

We find it suspicious that Cat Creek Energy LLC suddenly found financial viability in a piecemeal approach to their mega-energy complex after the commissioners approved the project and years of saying the CUPs needed to be linked.

We find it wholly unacceptable that Elmore County would allow the project to move forward knowing that the Gooding County-based corporation likely knew they’d never get federal approval for the “pump storage hydro” portion of the project and likely will never get the water rights from Anderson Ranch Reservoir either.

We expect the Elmore County Commissioners to postpone any further approvals of the Cat Creek Energy project until the conditional use permits are once again linked together.

Why? Many residents believed the project would never be able to move forward as a complete project and stopped testifying and paying attention. We’re still paying attention, however.

Reference: Elmore County, Idaho Conditional Use Permits for the Cat Creek Energy Project.

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 / Electrical Substation

Take Action: Write a letter to the Elmore County Commissioners.

Tell them the Cat Creek Energy Project is bad for Elmore County’s big game herds.
Tell them Elmore County needs to control our own destiny when it comes to “domestic water issues.”
Tell them to relink all five Conditional Use Permits like was originally agreed upon.
Tell them our tourism industry will never get established with an industrialized energy complex in our wild and scenic backcountry.

Address your letter to:

Elmore County Land Use and Building Department
ATTN: Cat Creek Energy Project
520 East 2nd South Street
Mountain Home, Idaho, 83647

Did You Know: The Proposed Power Infrastructure for Cat Creek Reservoir

The proposed powerhouse would house twelve 60 MW ternary turbines.
The powerhouse would also house additional pump facilities which would utilize the same penstocks feeding the turbine/generators to lift the stored water 840 feet from Anderson Ranch Reservoir for storage in the new Cat Creek Reservoir on Little Camas Prairie.
The penstocks would be six 14-16 ft diameter steel pipelines each 2,500 feet long.

Reference: Cat-Creek-Energy-FERC-Application-Nov2018.pdf at … Cat Creek Energy FERC Application - Nov 2018 or at the direct link at http://catcreek-energy.com/download/743/

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/

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/

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/

County Rules in Favor of S Bar Ranch on Development Agreement

On Friday, September 7, 2018, a group of concerned citizens attended the Elmore County Commissioners weekly meeting to hear our local government officials deliberate on two separate Cat Creek Energy project issues. This is what happened at the meeting.

Deliberation #1 – A Loss for the Residents of Elmore County

The first deliberations of the day dealt with a July 26, 2018 rehearing regarding 20 different amendment issues the Board of County Commissioners (BOCC) approved in previous meetings during the past few years. The BOCC was concerned that the residents were not fully aware of some of the amendments and we, the people were owed an additional hearing.

After Chairmen Wes Wootan dispensed with some routine rules and guidelines for the deliberations, he and Commissioner Corbus ruled rather quickly that the county did everything properly with regards to those 20 amendment items. Earlier this year the third official, Commissioner Hofer recused himself from any decision-making responsibilities regarding the Cat Creek Energy project because he was engaged in the negotiation process with John Faulkner’s Cat Creek Energy, LLC legal team.

This Cat Creek Energy project is quite complex and even Chairmen Wootan required some help and guidance closing out the deliberations and announcing an official decision on the rehearing. Both Bud Grant, the county’s legal counsel and Shelley Essl, the assistant clerk of the county commissioners, spoke up to ensure Wootan didn’t overstep on this important announcement.

While we are disappointed in the BOCC’s decision in this matter, there are still some hurdles that Cat Creek Energy, LLC will have to overcome before they can break ground on this project.

Notice: For your records, the official BOCC agenda item for this meeting was titled “Deliberation of Cat Creek Energy Rehearing held on July 26, 2018.”

Deliberation #2 – A ‘Big Win’ for the Residents of Elmore County

The second and final deliberations scheduled for the day involved an amendment to a development agreement between the county and Cat Creek Energy. The initial public hearing on this matter was conducted on Aug. 24, 2018, and mainly dealt with the water storage and delivery from a new 100,000 acre-foot reservoir that John Faulkner wants to build on the bluff directly above Anderson Ranch Reservoir. Specifically, 723 feet above Anderson.

Cat Creek Energy has been using this proposed new Cat Creek Reservoir as a big “carrot on a stick” and holding it in front of the county commissioner’s eyes since November 2016. It certainly appeared to many local residents that Cat Creek Energy was not so subtly trying to grease the skids in an effort to ensure the BOCC would approve their entire mega-energy project.

It is also the opinion of many residents that during the hearings in late 2016, Cat Creek did intimate that they would provide the county with a whole lot of water from Anderson Ranch Reservoir and get it into the Mountain Home area at no cost.

The commissioner’s deliberations on this issue were more meaty and substantial than during Deliberation #1. It became clear from the very beginning that Commissioner Wootan was in favor of approving Cat Creek Energy’s proposed amendment to the development agreement.

When Commissioner Bud Corbus offered up his opinion, it was obvious he was frustrated and maybe a little hot under the collar. That frustration was directed at the seven members of the Cat Creek Energy team in attendance at this meeting.

During the deliberations, Commissioner Corbus sternly lectured the Cat Creek Energy team over the following issues:

1. Corbus said he doesn’t think Elmore County should be put in a position of taking a risk on the costs of the water delivery from the proposed Cat Creek Reservoir.

“In 2016 Cat Creek Energy said they were taking on all financial risks for the project and they were not asking Elmore County to take any risk. Corbus said ‘that has changed now’.

2. Corbus said he was having a lot of trouble believing the Nov. 2016 Cat Creek Energy’s promise that they would do anything they could to help Elmore County when in fact Cat Creek Energy stood in the county’s way when they protested Elmore County’s water application.

During a Nov. 2016 meeting, a Cat Creek Energy spokesman said “if there was anything they could do to help the county in the future we want to.” Corbus retorted, “I’m looking at a protested Elmore County water application and I’m asking myself how Cat Creek Energy is helping us by protesting that water permit.”

3. Corbus appeared a little hot under the collar when remembering that Cat Creek Energy told the county that if they sign the agreement, Cat Creek Energy wouldn’t protest the county water rights application.

“To me that’s similar to blackmail. You sign this (agreement) and we won’t protest the water,” Corbus said.

“Who in the hell is going to be telling us “you do this or else.” That’s not right. That’s not fair. That’s just absolutely not right”.”

4. Corbus said that a poster/flier created by Cat Creek Energy stated that transferring the water from The South Fork of the Boise River to the Mountain Home area wouldn’t be an issue but now there are issues … many issues.

And then there is a poster from those hearings. It says transferring the water from Cat Creek Reservoir to Little Camas and the to the Mountain Home area is not an issue. It doesn’t say on the poster anywhere that Elmore County is going to have to pay for it.

5. Corbus the went back to the fact that Cat Creek Energy official protested Elmore County’s water permit with the Idaho Department of Water Resources.

I read this Notice of Protest signed by John Faulkner and I read the reason why, and I was extremely disheartened. Again, who in the hell could be telling us [what to do] … who should deny the citizens of Elmore County water. I don’t think that’s right. I don’t think that’s fair and I really struggle with that.

In the end, Wootan restated his support for approving the first amendment to the development agreement. If the commissioners agreed to that amendment, the total cost of pumping water from the South Fork of the Boise River to the Mountain Home area would remain unknown and could easily skyrocket. Commissioner Corbus stated definitively he could not support the proposed amended.

The Development Agreement Amendment was not approved by Elmore County. That’s a win for the residents of the county.

In short, the vote was a one-one tie, meaning the proposed amendment was not approved during this September 7 meeting.

Moving Forward With the Development Agreement

It appears as if the signed and approved February 9, 2018 Development Agreement between Cat Creek Energy and Elmore County (download a copy of that development agreement here) … CCE_Development Agreement (9-Feb-2018)-10673026_1. is still in effect. However, the water storage and delivery portion that wasn’t approved during this September 7, 2018 meeting includes a December 31, 2018 deadline. If the county and Cat Creek Energy cannot hammer out an acceptable water storage and delivery agreement by the deadline, the CUP related to water will lapse.

The county has no further requirements or actions to take in regards to the development agreement, according to Elmore County Attorney Buzz Grant. However, we suspect the Cat Creek Energy legal team will be busy in the coming weeks trying to find some common ground with Elmore County surrounding this complex water issue.

Notice: For your records, the official BOCC agenda item for this meeting was titled “Deliberation of Amendment to the Cat Creek Energy Development Agreement.”

(Done) Sept. 7, 2018 – County ‘v’ Cat Creek Energy Meeting

On Friday, September 7, 2018, at 1:30 p.m. in the Elmore County Courthouse, the commissioners will hold two meeting regarding the Cat Creek Energy project and we want you to be there to stand silently in opposition to this mega-construction plan.

The first meeting will deal with 26 different issues Elmore County has concerns that they might not have given proper consideration to in many of the previous meetings held during the past 2.5 years. Some of those issues deal with the location and size of the 39 wind towers they wish to put up on Camas Prairie and electrical transmissions lines that could run helter-skelter through our backcounty. Plus we believe the threatened “Sage Grouse” certainly wouldn’t do well around those transmission lines or wind turbines.

Do we want wind turbines spread out from the Pine-Featherville Road and in the future possibly right down Highway 20 to the Teapot Dome area?

The subject of the second meeting is about a development agreement Cat Creek Energy wants to amend regarding the planned reservoir on Little Camas Prairie. There are a host of problems associated with this reservoir John Faulkner want to build. The worst issue is the very real possibility of a toxic blue-green algae cross-contamination bloom spreading into Anderson Ranch Reservoir.

“Who wants blue-green algae to close down recreation on Elmore County’s fishing and boating mecca?”

Cat Creek Energy – A Problem, Not A Solution!

Camas Prairie, Elmore County, Idaho

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