HomeMy WebLinkAboutRES 1983-37 - Board RESOLUTION NO. 83 37
OF THE
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ACCEPTING A QUITCLAIM DEED FROM
SIERRA PACIFIC POWER COMPANY
CONCERNING DEVELOPMENT OF HYDROELECTRIC POWER
AT BOCA AND PROSSER RESERVOIRS
BE IT RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
1. To accept the. attached quitclaim deed, marked Exhibit "A".
from Sierra Pacific Power Company concerning development of
hydroelectric power at Boca and Prosser Reservoirs.
2, That the Deputy District Clerk of the District is hereby in-
structed to record this easement with the County of Nevada
on behalf of the District*
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public
i
Utility District at a special meeting thereof duly called and held within said
District on the 15th day of June, 1983, by the following roll call vote:
AYES: Hamilton, Maass, VanLandingham and Corbett.
NOES: None.
ABSENT: Kuttel.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
rN
By
Ihn L. Corbett, President
ATTEST:
\Sia'san m. Craig, Deputy Dist c_t Clerk
QU ITCLAIM DEED
In consideration of the promises and covenants of that
certain agreement between Sierra Pacific Power Company and
the Truckee Donner Public Utility District dated 18'.2' rch or
1983, concerning.-development of hydroelectric power at Boca
and Prosser Reservoirs;
Sierra Pacific Power Company does hereby REMISE,
RRLEASE, TRANSFER, CONVEY AND FOREVER QUITCLAIM to the
Truckee Donner Public Utility District, all of its right,
title and interest in and to the rights of development
obtained by it in accordance with the 1936 Agreement attached
hereto as Exhibit 1 , concerning development of hydroelectric
power at Boca and Prosser Reservoirs.
Transfer of such development rights to Truckee Donner
Public Utility District is expressly conditioned upon and
subject to issuance of a preliminary permit in FERC Docket
2920 for the development of such dams to the Truckee Donner
Public Utility District by the Federal Energy Regulatory
Commission; and in the event the Truckee Donner Public
Utility District fails to obtain the necessary licenses and
permits to develop hydroelectric power plants at said sites
or the preliminary permit expires, the rights transferred
herein shall automatically revert to Sierra Pacific Power
Company.
EXHIBIT A
rf •
Nothing herein shall be construed to transfer any of
Sierra Pacific Power Company' s water or water storage rights
in Boca Reservoir.
DAT
ED: March 17, 1983
SIERRA PACIFIC POWER COMPANY
By
9JL.C��jc
oe L. Gremban, President
STATE OF NEVADA }
) ss.
COUNTY OF WASHOE }
17,th March
On this day of 1983, personally
appeared before me, a Notary Public, JOE L. CREMBAN, known to .
me to be President of Sierra Pacific Power Company; who
acknowledged to me that he executed for foregoing instrument
on behalf of said Corporation.
40
Notary Pu'blxc
1
L INDA L.HOLMES
• Notary Public-State of Nevada
•• Wo:hoe County
J
` My Appointment Expires Sep.16,11983
2.
AGREEMENT
THIS AGREEMENT, made this day of 1983f by and between SIERRA PACIFIC POWER COMPANY (hereinafter
"Sierra") and TRUCKEE DONNER PUBLIC UTILITY DISTRICT (hereinafter
'1TDPUD11J ;
WITNESSETH:
WHEREASt in 1936 Sierra purchased the right to install
hydroelectric generation at Boca Reservoir; and
WHEREAS, Sierra had never installed such generation
partially due to the effect on the continuing . and numerous
lawsuits between Sierra, the United. States of America and
the Pyramid Lake Paiute Tribe of Indians; and
WHEREAS, due to its ownership interest together with
its concerns relating to the effect of TDPUD' s FERC application
on the pending litigation, Sierra protested TDPUD's FERC
applications for licenses at Boca and Prosser Reservoirs,
and TDPUD' s applications for water rights before the California
State Water Resources Board,* and
WHEREAS, it is the desire of the parties to resolve the
differences leading to the protests.
NOWf THEREFORE, in consideration of the mutual covenants
and conditions herein contained, the parties agree as follows ..
1* TDPUD hereby agrees that it will develop the
Prosser and Boca hydroelectric projects so as to utilize the
0 OWN% water discharged from those dams on an as-available basis
2 WPJ:WvIV4A%4K
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and without requiring releases in excess of the water so
available for generation or fishery bypass flows. . With
respect to the hydroelectric development projects
contemplated in this Agreement, TDPUD hereby waives any
claims which it may have now or in the future to request any
additional releases of water from those dams or to protest
. any change in the present operation whether that change
would require more or less water to be released. Nothing in
this Agreement, however, shall operate to bar TDPUD from
exercising any rights it may now have or may obtain in the.
future to seek releases of water from Boca and Prosser Dams
for purposes other than the generation of hydroelectric
-
power,,
2e TDPUD agrees that i.t will continue to be bound by
and I ive up to the 1915 Decree. the Orr Ditch Decree and the
Truckee River Agreement and the Tahoe-Prosser Exchange
Agreement.
3. Sierra agrees that it will contemporaneous with
final execution of this agreement quitclaim any right, title
and interest it may have to install hydroelectric generation
at Boca Reservoir to TDPUD in a form substantially the same
as that set forth in Exhibit A attached hereto.
4. Nothing herein shall be construed to require
transfer of any of Sierra' s water or water storage rights in
Boca Reservoir.
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IN WITNESS WHEREOF, the parties hereto have executed
this agreement by their duly authorized officers , the day
and year first above written.
SIERRA RACIEIC POSTER COMPANY TRUCKEE DONNER PUBLIC
UTILITY DISTRICT
By
By .
Tit Titl 1
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