Resolution - 2006 - 01 - Approve / Ratify Mou Between Eagle / Sports Legends Development Llc / Eaglefield Llc/ Idwr - 01/10/2006
ORIGINAL
RESOLUTION NO. 06-01
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, APPROVING
AND RATIFYING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EAGLE, EAGLE SPORT LEGENDS
DEVELOPMENT, LLC, EAGLEFIELD, LLC, AND THE IDAHO DEPARTMENT OF
WATER RESOURCES, AND; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle, Eagle Sport Legends Development, LLC, and
Eaglefield, LLC (the "Applicants"), have submitted application nos. 63-32089 and 63-
32090 for the appropriation of groundwater for municipal purposes (the "applications");
and
WHEREAS, the Applicants desire to conduct exploratory drilling, aquifer testing
and hydrological studies for the purpose of collecting data regarding the availability of
groundwater in support of the applications;
WHEREAS, the Memorandum of Understanding is consistent with previously
executed agreements of the City in support and furtherance of the applications;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho, as follows:
Section I: The Memorandum of Understanding dated as of December 16._, 2005,
between the City of Eagle, Eagle Sport Legends Development, LLC, Eaglefield, LLC,
and the Idaho Department of Water Resources, a copy of which is annexed to this
resolution and by reference incorporated herein, is hereby approved in all respects, and
the execution thereof by the Mayor is hereby ratified.
Section 2: This resolution shall take effect and be in force from and after its
passage and approval.
DATED the 10th day of January, 2006.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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...... 'City Clerk
BEFORE THE IDAHO DEPARTMENT OF WA TER RESOURCES
OF THE STATE OF IDAHO
MEMORANDUM OF UNDERSTANDING
Purpose
This Memorandum of Understanding ("MOU") between the City of Eagle, Eagle Sport
Legends Development, LLC, and Eaglefleld, LLC ("Applicant") and the Idaho Department of
Water Resources ("Department") is intended to expedite authorization for hydrologic, geologic
and geophysical research and testing. The Applicant desires to conduct exploratory drilling,
aquifer testing and characterization and hydrogeologic studies in the western portion of City of
Eagle, known as the Western Water System Expansion Area. The purpose of the investigation is
to determine the availability of ground water resources in the area related to applications for
appropriation of water Nos. 63-32089 and 63-32090. This MOU sets fOlih the understanding of
the parties so as to allow test pumping from exploratory wells for data collection purposes.
Name and address of Applicant:
City of Eagle
Attention: Nancy Merrill, Mayor
PO Box 1520
Eagle, ID 83616
Eaglefield, LLC
c/o TJ. Angstman
Angstman Law, PLLC
2649 Lakeharbor Lane
Boise, ID 83703
Eagle Sport Legends Development, LLC
c/o Eric Boyington
The Blaser Group
3350 Americana Terrace, Suite 200
Boise, ID 83706
Name and location of project:
City of Eagle Public Water System P.W.S. No. 4010201, Western Water System Expansion Area
located in Sections 2, 3,10, and 11, T. 4N, R. lW., Ada County as generally outlined by Exhibit
A (attached).
Agreement
The Department agrees not to initiate an enforcement action under the provisions of Section 42-
351, Idaho Code, for pumping of the exploratory and production test wells prior to obtaining a
valid water right, provided that pumping from the wells is limited to parameters identified in a
"Aquifer Test Plan" that has been reviewed and approved by the Department.
MEMORANUM OF UNDERSTANDING - Pg I
The Applicant agrees:
1) To conform to the requirements of Section 42-235, Idaho Code, and to obtain the
necessary drilling permit prior to constructing any well.
2) To comply with administrative rules for well construction standards and all conditions of
an approved drilling permit.
3) To curtail pumping of water or provide appropriate mitigation if it is determined that
pumping injures existing water rights.
4) To hold the Department harmless from any liability due to neglectful discharge of water
consistent with the Idaho Tort Claims Act.
5) To submit to the Department periodic and final reports of data collected from the drilling
and pumping of the wells.
6) To have no more than three (3) open or active wells on the project site at any time.
This authorization expires on
,2005.
Agreement Execution
Idaho Department of Water Resources
Authorized Agent
Date
Date
MEMORANUM OF UNDERSTANDING - Pg 2