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HomeMy WebLinkAbout4b Water Rights Memo From Heaston 8-24-181 Subject:FW: Anderson 160 acres - water rights From: Brian Heaston [ mailto:bheaston@BOZEMAN.NET ] Sent: Friday, August 24, 2018 11:16 AM To: Matt E. Ekstrom < mekstrom@m-m.net > Cc: Shawn Kohtz < SKohtz@BOZEMAN.NET > Subject: RE: Anderson 160 acres Yes, we’re interested in these water rights being transferred to COB and can use that transfer as consideration in meeting the CILWR obligation for the project as it moves through platting. I can’t tell you at this time what the value of the consideration will be as it will be negotiated based on how much water is actually transferred. I’d prefer for the water rights transfer to be written into the annexation agreement so it becomes a contractual obligation thus preventing Baxter Ranch from severing the water from the land for them to hold as a separate asset. Are you working for Baxter Ranch/Anderson or a separate entity? If the latter, I would encourage you to have the buyer drive hard on obtaining the appurtenant portion of these rights when the ownership changes hands and not allow Baxter Ranch to sever the water from the land. From: Matt E. Ekstrom [ mailto:mekstrom@m-m.net ] Sent: Thursday, August 23, 2018 5:07 PM To: Brian Heaston < bheaston@BOZEMAN.NET > Subject: Anderson 160 acres Brian, We are starting to work on the property described below. We met with Shawn K. and Griffin N. in regards to some general infrastructure questions today. The topic of cash-in-lieu of water rights came up. They suggested we pass the water rights that are associated with the property (see the attachments) along to see if these would be something the City could use? Thank you, Matt Matt E. Ekstrom, PE Direct | 406.922.6784