HomeMy WebLinkAboutOwyhee Holdings LLC Well Operations and Cost-sharing Agreement Ada County Recorder Trent Tripple 2026-026246
Boise,Idaho Pgs=15 dryalls 04/15/2026 08:44:56 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
When Recorded Mail To:
CITY OF MERIDIAN
33 E.Broadway Avenue
Meridian ID 83642
Attn: City Clerk
(Above Space for Recorder's Use Only)
WELL OPERATIONS AND COST-SHARING AGREEMENT
This WELL OPERATIONS AND COST SHARING AGREEMENT ("Agreement") is
made effective this 14thday of April 2026,by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), Owyhee Holdings, LLC, an
Idaho limited liability company ("Owyhee Holdings"), and Endurance Holdings, LLC, an Idaho
limited liability company ("Endurance"). The parties to this Agreement may be individually
referred to each as a"Party" and collectively referred to as
"Parties."
WHEREAS, Owyhee Holdings owns the "Owyhee Property," legally described as on
Exhibit A attached hereto and incorporated herein by this reference;
WHEREAS, Endurance owns the "Endurance Property,"legally described as on Exhibit
B attached hereto and incorporated herein by this reference;
WHEREAS, The City of Meridian owns the "City Property,"legally described as on
Exhibit C attached hereto and incorporated herein by this reference;
WHEREAS; a certain well(the"Well") and water pump (the"Pump"), as depicted on
Exhibit D attached hereto, serve as the point of diversion for Water Rights 63-10594 and 63-
34797, as described in Exhibit E ("Water Rights"), which provide irrigation water for the
Owyhee Property, Endurance Property and City Property for the period between March 15 and
November 15 of each calendar year;
WHEREAS,because the Well and Pump are necessary to divert each Party's share of
water to which each is entitled under the Water Rights, all Parties are entitled to use the Well;
therefore, each Parry is entitled to divert an amount of water from the Well in the amount
proportionate to each Party's respective acreage, and each Party is responsible for the Well's
annual costs and any urgent and necessary repair costs of the Well;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties hereby agree as follows:
1. Availability of water. The Parties acknowledge that availability of water for the purposes
set forth in this Agreement is dependent on the amount of water available under the Water
Rights and laws, regulations, and orders related to the Water Rights.
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 1
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 2 of 15
2. Access. The Parties acknowledge and agree that the Well and Pump are situated on real
property which will be owned by the United States Bureau of Reclamation. Each Party
acknowledges that its rights to access the Well and Pump are provided under Idaho Code §
42-1102. This Agreement does not form or create any type of express or implied easement.
3. Pro-Bata Share; Annual costs.
a. Annual Costs. Owyhee shall be responsible for managing the well and pump and
paying all costs to maintain the well and pump, including (i) electricity to run the
well; (ii) the cost of routine maintenance and repair necessary to keep the Pump
and Well in good working order(the "Annual Costs").
b. Pro-Rata Share. Each Party's pro-rata share of the Annual Costs shall be
determined by dividing the irrigated acreage owned by such Party by the total
irrigable acreage owned collectively by all Parties subject to this Agreement. As
of the Effective Date of this Agreement, the Parties' respective Pro-Rata Shares
are as follows:
Party Acres Pro-Rata Share
Owyhee 49 40%
Endurance 33 27%
City 40 33%
TOTAL 122 100%
4. Method of payment; annual costs. By November 1 of each year, Owyhee Holdings shall
submit to City and Endurance a detailed invoice for City's and Endurance's respective Pro-
Rata Shares of the Annual Costs. City and Endurance shall each pay Owyhee Holdings
within thirty (30) days of receipt of Owyhee Holdings' detailed invoice. Payment of all taxes
and other assessments on such sums paid by City and Endurance shall be the sole
responsibility of Owyhee Holdings.
5. Urgent and necessary repairs. Each Party shall be responsible for their Pro-Rata share of
costs related to urgent and necessary repair of the Pump and Well by a qualified professional.
6. Method of payment for urgent repair costs. Owyhee Holdings shall notify City and
Endurance as soon as practicable following a determination by a qualified professional that
the Well or Pump requires urgent and necessary repair over and above annual maintenance
and repair. Owyhee Holdings shall engage a qualified and necessary contractor and pay such
contractor in full for all costs related to urgent and necessary repair costs of Well. Within
thirty (30) days of Owyhee Holdings' payment for urgent and necessary repair of the Pump
and Well, Owyhee Holdings shall request reimbursement from City for such expenses by
providing to City and Endurance with a detailed, itemized invoice describing the urgent and
necessary repairs made to the Pump and/or Well, including the date on which and qualified
professional by whom such services were provided. Such invoice shall calculate City's and
Endurance's Pro-Rata Share of the costs of urgent and necessary repair of the Well. City and
Endurance shall pay Owyhee Holdings within thirty (30) days of receipt of a detailed,
itemized invoice for urgent and necessary repairs by a qualified professional. Payment of all
LICENSE AGREEMENT FOR PUMP AND WELL. PAGE 2
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 3 of 15
taxes and other assessments on such sums paid by City and Endurance shall be the sole
responsibility of Owyhee Holdings.
7. Term and termination. This Agreement shall continue in perpetuity and shall remain in
effect unless and until terminated or modified pursuant to the provisions of this Agreement.
8. Accounting required. Owyhee Holdings shall, with reasonable notice, allow City and
Endurance to inspect or have a copy of Owyhee Holdings' records regarding all costs related
to operating the Pump and the Well and all personnel providing such services. Such records,
subject to available data, shall adequately show the amount and cost of water from the Pump
that is used for all applications, the amount and cost of water from the pump used by each
Party, the amount and cost of all electricity necessary to run the Pump, and the nature and
cost of all maintenance and repairs.
9. Non-Appropriation. Owyhee and Endurance acknowledge that City is a governmental
entity, and the validity of this Agreement is based upon the availability of public funding
under the authority of City's statutory mandate. Notwithstanding anything in this Agreement
to the contrary, City's obligations under this Agreement to provide payment to Owyhee
Holdings as described herein shall be subject to and dependent upon appropriations being
made by City Council for such purpose.
10. Termination.
a. Termination for convenience or cause. Any party may terminate this Agreement for
convenience or for cause.
b. Termination due to alternate water source. If any Party obtains a separate water right
or water source to serve that Party's property, such Party may immediately terminate this
Agreement upon written notice to the other Parties.
11. Liability. The Parties are responsible only for the acts, omissions, or negligence of each
Party's own employees, officials,representatives, or agents (collectively, "agents"). The
Parties assume no liability for the acts, omissions, or negligence of the other or such other
party's agents. Nothing in this Agreement shall extend the liability or tort responsibility of
City beyond that required by law, including the Idaho Tort Claims Act, Idaho Code section
6-901, et seq., and Article 8, Sections I and 4 of the Idaho Constitution. Each party is
responsible for damage to the property of the other party caused by its employees and agents
in the exercise of rights and/or fulfillment of responsibilities set forth in this Agreement.
12. Insurance. Each party shall obtain all necessary insurance as may be required in order to
protect its respective insurable interests as may be related to its rights and obligations
described within this Agreement.
13. Force Majeure. No Party will be liable for failure to perform any duty under this Agreement
where such failure is due to or made impracticable by unforeseeable causes beyond the
Parties' control and without the fault or negligence of the Parties, including,but not restricted
to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of
any court or authorized agency.
LICENSE AGREEMENT FOR PUMP AND WELL. PAGE 3
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 4 of 15
14. Binding on Successors. This Agreement shall be binding on the successors, administrators,
executors and assigns of all parties hereto, and shall run with the land.
15. Assignment. No party shall sell, transfer, or assign its interest in this Agreement without
first providing written notice to the other party.
16. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way
be interpreted or construed to create any third-party beneficiary rights in any person or entity
not a party hereto.
17. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of, and a default under, this Agreement by the party so
failing to perform.
18. Non-waiver. No waiver by any Party of any of the provisions hereof is effective unless
explicitly set forth in writing and signed by the party so waiving. No waiver by any Party
operates as, or is to be construed as, a waiver in respect of any failure, breach, or default not
expressly identified by such written waiver, whether of a similar or different character, and
whether occurring before or after that waiver. No failure to exercise, or delay in exercising,
any right,remedy,power, or privilege arising from this Agreement shall operate as, or shall be
construed as, a waiver thereof; nor does any single or partial exercise of any right, remedy,
power, or privilege hereunder preclude any other or further exercise thereof or the exercise of
any other right,remedy,power, or privilege.
19. Notices. All notices, demands and requests required or desired to be given under this
Agreement must be in writing and shall be deemed to have been provided as of the date such
writing is mailed, via U.S. Mail,prepaid and addressed as follows:
a. If to Owyhee Holdings:
Owyhee Holdings, LLC
839 S. Bridgeway PI
Eagle ID 83616
b. If to City:
City of Meridian
Attn: Meridian City Clerk
33 E. Broadway Avenue
Meridian ID 83642
c. If to Endurance
Endurance Holdings, LLC
1977 E Overland Rd
Meridian ID, 83642
20. Entire agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by any
LICENSE AGREEMENT FOR PUMP AND WELL. PAGE 4
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 5 of 15
party, or agents of any party, whether oral or written, and whether previous to the execution
hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged,
modified or altered except upon written agreement signed by both parties hereto.
21. State of Idaho requirements. The following provisions, as applicable, are required by Idaho
law for contracts with City. The terms used in this provision shall have the definitions as set
forth in the respective Idaho Code provisions. In the incursion of costs reimbursable by City
under this Agreement, Owyhee Holdings shall not enter into any written or verbal transaction
with or assign its rights or obligations under this Agreement to any person who operates in
violation of these statutes.
a. Pursuant to Idaho Code § 67-2346, Owyhee Holdings certifies that Owyhee Holdings is not
currently engaged in, and will not for the duration of this Agreement engage in, a boycott of
goods or services from Israel or territories under Israel's control.
b. Pursuant to Idaho Code § 18-8703, as applicable, Owyhee Holdings certifies that it is not,
and will not for the duration of this Agreement become, an abortion provider or an affiliate
of an abortion provider.
c. Pursuant to Idaho Code § 67-2359, Owyhee Holdings certifies that Owyhee Holdings is not,
and for the duration of this Agreement will not be, a company currently owned or operated
by the government of China.
d. Pursuant to Idaho Code § 67-2347A, Owyhee Holdings certifies that Owyhee Holdings is
not currently engaged in, and will not for the duration of this Agreement engage in,a boycott
of any individual or company because that individual or company engages in or supports
the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-
based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture.
e. Pursuant to Idaho Code § 67-2347A, Owyhee Holdings certifies that Owyhee Holdings is
not currently engaged in, and will not for the duration of this Agreement engage in,a boycott
of any individual or company because that individual or company engages in or supports
the manufacture, distribution, sale, or use of any firearm.
22. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
23. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
24. Amendments. The Parties may amend this Agreement at any time provided that such
amendment makes specific reference to this Agreement, is executed in writing, is approved
by each party's respective governing body, and is signed by a duly authorized representative
of each party.
25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
26. Recordation. City shall record this License Agreement against the Owyhee Holdings
Property and the City Property, at City's cost.
LICENSE AGREEMENT FOR PUMP AND WELL. PAGE 5
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 6 of 15
27. Warranty! of authority. Each person executing and sio natory to this Agreement represents
and evarrants that all Corporate action necessary for the authorization, acceptance and
delivery of this Agreement by SUCII party and the performance of its obligations hereunder
has been taken; that the execution, delivery, and perlorl11a11Ce of. Aureenlent has been
duly authorized by all necessary action of each respective party; that Such person is. at the
tinge of execution,duly authorized by the respective Party's governing body to bind suCll
Party to this Agreement in all respects.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed
the clay and year first written above.
OWY14EL HOL❑INGS:
Owyhee I loldings. i..IX
Fay: Idaho Holdings, LLC
Its: Manager
_........�.....1. __K
fay: Marl. I3ottles
Its. Manager
S'1'A`I'F>0 F I DA 110 }
}55.
COLINTY OF AI:}A }
❑n this.-.....j. day of-�� 2026, before the undersigned, a Notary Public in and for
said State, personally appeared Mark Bottles, known or identified to me to be the person who executed
the instrument Oil behaIFof Idaho 1-1oIdings, 1..1..0 such company being the s'vianager of Chi yliee I Ioldings,
L_LC. and acknowledged to me that such person executed the same.
IN W FIN I SS WIIE-REOF. I have hereunto set my hand and affixed my offlicial seal the day and
year in this certificate lust Above written.
...... ..... --
N ary Public f Idaho
'NUF■►■, Residing at �G CJ4LQ U-4 in n
�••••••••Le�/,�+ My Co111111isS1
;r' Uf3IILy
� •......•■
T% A.�•�,.
f■+ri�•tittt'
1,I('i:Nsi-A(;lil:l:N11:N 1 lio11 1't N[1,:IN1)XV1:l.[. Pori,-6
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 7 of 15
CITY:
City of Meridian ATTEST:
SEAL
John verton, Council President 4-14-2026 Chris John n, City t "`�4-14-2026
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this 14th day of April 2026,before me,the undersigned, a Notary Public in and for said
State,personally appeared John Overton and CHRIS JOHNSON, known to me to be the Council
President and City Clerk,respectively, of the City of Meridian,Idaho, and who executed the within
instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and
year first above written. )K
Notary Public for Idaho
CHARLENE WAY Residing at Idaho
COMMISSION No. 67390 My commission expires 3-28-2028
NOTARY PUBLIC
STATE OF IDAHO
LICENSE AGREEMENT FOR PUMP AND WELL. PAGE 7
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 8 of 15
ENDURANCE:
Endurance Holdings, LLC
By: Corey B on
Its: Member
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this C7- day of apii 2026,before the undersigned,a Notary Public in and for
said State,personally appeared Corey Barton,known or identified to me to be the person who executed
the instrument on behalf of Endurance Holdings,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written. - )
Notary Public for MAnApet'
Residing at
My commission expires � 'to--10
ADAIR KOLTES
Notary Public- State of Idaho
Commission Number30052
My Commission Expires 06-05-2028
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 8
Instrument # 2026-026246
04/15/202608:44:56AM Page gof15
EXHIBIT A
OWY8EE PROPERTY
A parcel of land situated |na portion of Government Lots 1and 2,-and a portion of the East 112of the
Northwest 1/4n(| in Section 31,Township 4North, Range 1West, B.&i.,Ada County, Idaho and being
more particularly described asfollows:
Commencing atanaluminum cap marking the northwest corner nf said Section 31, which bears
NU0~41'26"E a distance wf2'G48.22 feet from an aluminum cap marking the west I/4 corner ofsaid
Section 31, thence following the westerly line of said Government Lot 1,SOU'41'26"W a distance of
114.94 feet tna point on the southerly/ight-of-waay line qfthe Five Mlle Drain and being the POINT OF
BEGINNING.
Thence leaving said westerly line and following said southerly ri@ht-uf'way line the following five�S\
courses:
1. 58I^40^25"E a d|stanceof105-22 feet toaS19'(nchrebac
2. S81"U1'15^Eadistanceuf66.8QfeettoeS/Q-inchrebar;
3. 555^03'47"Eadistanceof1,I07.27feettoa5/8-inchrebar;
4. 173.51 feet along the arc ofa curve to the left,said curve having radius of480.O0 feet,adelta
angle of20"42'42~,a chord bearing nf375~I5'Q8"E and a chord distance ofl7Z57 feet toaS/D-
imchrebmr-
5. 585~4§'29"Ea distance of542.57 feet toa5/M-inchrebar,
Thence leaving said southerly right'of-way line,5Q0"20'59"VVa distance of619Jy feet toa 5/8-inch
rebar;
Thence 35g.ZD feet along the arc ofa curve tu the left,said curve having a radius of8D0.0O feet,adelta
angle of34~1D'25^^,a chord bearing ofS1G^58'13"E and s chord distance of353,92 feet toa5/8-inch
rebar,
Thence N05"O5'O8"VVa distance of2,DV7.46feet tna point un the westerly|ineof said Government Lot
2-
Thence following said westerly line, NOO'41'26"E a distance of 153.19 feet to the northwest corner of
said Government Lot 2 (southwest corner of said Government Lot 1);
Thence leaving sa id westerly line of Government Lot 2 and following the westerly fine of Government
Lot 1'NO0°41'Z6"Ea distance nf 1'ZQB.17 feet to the POINT DF BEGINNING.
Said parcel contains a total of47.y79 acres, more prless.
U(ENmu AGREEMENT FOR PUMP AND WELL PAGE
Instrument # 2026-026246
04/15/202608:44:56AM Page 10of15
EXHIBIT B
ENDURANCE PROPERTY
A parcel ofland situated xna portion of the Northeast I/4of the Northwest 1/4 and a portion ofthe
West 1/2 of the Northeast 1/4 all in Section 31,Township,4 North, Range I West,B.M., Ada County,
Idaho and being more particularly described as follows-
BEGINNING aLenalmrninumcapmarkingthenurth ]/4cornerofsaid5ect|on3I'vvhichbears
N88~12'34~^VWa distance nf2,G49.OI feet from an aluminum cap marking the northeast corner ofsaid
Section 31, thence following the northerly line of the Northwest 114 of the Northeast 1/4 of said Section
31'S89^12'34^Ea distance nf1'O21.IS feet to the westerly r|ght-nf-wway line of the Phyllis[mna|,-
Thence |eavin8sa|dnmrthedy|loe and following said westerly r|ght-wf-way line the following two(2}
courses,
1� S0O"Q5'21°Wa distance of1416.O7feet;
2� SOO'36'52"W a distance of 23.72 feet to a point on the northerly r[ght-cf-way line of the Five
Mile Drain;
Thence leaving said westerly right-of-way way line and following said northerly right-of-way line the
following five(S)courses:
L S1.4S feet along the arc ufa curve to the right,said curve having a radius uf1D0.0O feet,udelta
angle of29~88'52^,a chord bearing ofN7S~21'57"#y and a chord diatanceof5O.88feet;
2. N60,87,31'~VVa distance of74.58feet�
'
3. N46',59'14~Wa distance of1,145.24feet;
4. 135.3B feet a|ung the arc nfa curve to the left,said curve having m radius of 2D0.O0 feet,adelta
angle of38°47'14^, m chord bearing ofN66,22'S1,VV and a chord distance nfl32.B2feet;
5 ��5"48'2y"VVadi���noeof�48�8feet-
. °
Thence leaving sald northerly right-of-way line, NOO'10'59"E a distance of 53162 feet to the northerly
|ineoftheNorth east 1/4oftheNorthwest1/4ofsaidSection31i
Thence following said northerly line,S89'12'39"E a distance of 699.93 feet to the POINT OF BEGINNING.
Said parcel contains a total of32'B8Z acres, more orless.
Lz(ENmE AGREEMENT FOR PUMP AND WELL PAGn18
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 11 of 15
EXHIBIT C
CITY PROPERTY
A parcel of land situated in a portion of the Last 112 of the Noqhvvest 1/4 and a portran of the West 112
of the Northeast 11A all in Section 31,Township 4 North,Range 1 Wes t.B-M.,Ada County,Idaho and
bi2ing rnore parti,cularly cles4rit>ed as follows-
Cornmenr.ing at an aluminum cap raark ng the northwest corner of Said SLmtion 31,which bears
N00'A1'26:'E a distance of 2,649,22 feet from an aluminum cap marking the West 1/4 mrner of said
section 31,Thence following the westerly line of said Government Lot 1,500'41'26-W a distance of
114-94 feet to a point on the sal utherly right-of-way line of the Five Mile Drain;
Thence leaving said westerly line and following said southerly right-of-way line the following five(5)
courses:
1- 581'40'25"E 8 d istarce of 105.22 feet to a 5/8-inch retmr�
2- S81'01'15"E a d Istance of-66.90 f eet to a 5/l3-i nch rebar;
3. S6S OY47"E a distance of 1,107-27 feet to a S/8-inch rebar,
4. 173-51 feel along the art of a curve to the left,said curve having a radius of 48D,00 feet,a delta
angle of 2D42'42',a chord bearing of 575'25V"F and a chord distance of 172.57 feet to a 5/8-
inch rebarj
5f $85'46'29"E a distance of S42.57 feet to a 5)8-inch rebar and being the POINT OF BEGINNING,
Thence following said southerly right-of-way line the Following four 141 cour5e5-
I- $E15'46'29"E a distartre of 605,81 feet to a 5)8-inch rebar,
2- 47.39 feet along the arc of a curve to the right,said curve hawing radjusof 70.00 feet,a delta
angle of 33'4TI4",a chord bearing of:S6z'z2'52"E and a chord distance of 46.49 feet to a 518=
inch rebpr;
3. SWST14"E a distance of 1,1610.79 feet;
a. sfia'iQ'3rL a d I L rilance of 61,74 feet to the westerly line of the'Intermountain 15a5 Parcel"as
shown on Record of Survey No.43172(Instrument No,1071159927,records of Ada County,
ldaho,,
Thence leaving said sbutherly right-of-way line and following The westerly lines of the"intermountain
Gas Parcel'and the'Wifflarns Parcel"as shown an said Record of SUrVeV.S,00'05'41"W a distance of
337.59 feet to a 1/2-inch mha r;
Thence leawirii;said westerly lines and following the southwesterly line of said"williams Parcel!",
537'40'2eE a distance of 102.26 feet to a 5/9-inch rebar on the northerly right-of-way line of Phyllis
Cartel(4d right-of way lime is 50-ft marth of the PhVillig[anal temterlifle).,
Thence leaving;said southwesterly line and following sold northerly right-of-way line the following three
931 rotirses;
1. S59.79 feet along,the arc of a curve to the right,said curvy having a radius of 65.5,59 feet,a
delta angle of 48'55'21',a chard bearing of 551'52!35"W and a chord distance of 512.93 feet to
a 5/8-inch rebar-r
2, 57746'13'W a distance of 71.28 feet to a 5/8-inch rebar-,
3. S92'33'28'W a distance of 272-83 feet to a 5/8-inch rebar,
Thence leaving said northerly right-of-way line,124-23 feet along the arc of a curve to the lent,sat'd
curve having,a radius or 566.50 f2ot,a delta angle of 12'33'53",a chord bearing of N42*52'45"w and a
chord distance of 12 3-98 feet to a 5/8-inch reba r;
Thence N49'09'42-W a distance of 761.22 feet to a 5/R-inch rebar;,
Thenc-c 1132.99 feet along the art of a e inve to t he.,right,said curvu h&vi rig a radius of 633,50 feet,a delta
angle of 1?*2 7'1 5'i a chord bearing of N4')'26'04'W and a chord distance of 192-24 feet to a 5/8-inch
reba r,
Thence SSS'05'09"E a distance of 42.40 feet to a 5/8-inch T-ebar-1
Thence 3 59�26 feet along ng the arc of a curve to the right,said C Ll rve having a radius of 6W-CO feet,a delta
a Rglle of 34'18'25",a chord hearing of NI 6"59'13"W and a chard distance of 3 53-92 feet to a 5/8-inch
reba r;
Thence Nuo"IV59'L a distance of 629,79 feet to the POINT OF EIEGINNINGn
Said parcel contains a total of 40.820 acres,more or less.
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 11
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 12 of 15
Exhibit D
St1�d�i17�?FCsI]
41773IiQ
!
!
SA4�1t�12�Ci
Pa«
1i
&j c•
h
I
is
W
t n
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 12
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 13 of 15
Exhibit E
Water Right Repo t:63-10 594(Dec re d/Aictive)
W.tex RightO-
ry P. fj— AAd— sua.A—tc-&
819 S 3.c X FAW, El 61 '5104 7
CAN,AA.'A klks - -RAS M-0-..;IAT 2]CvX.7 w 1.7 ',QAAA C MG;
'�, A,-A 01-1-0-'kF1 L aEM-1y, "Arl"A E aa�
(s—W.C;;,- ,..Pats hAN-ft na aa7
NIC—:,:ASWS '2 VC a:-AN,1t AA1,1AA ' aaT
Walter R4,ktstt,a
watel ScAcrct k0j-�WAT--:1
Peuetsof Da—i—fi—rberm)
T'—,aKv A.V.S-f—earl Ew CAQQ 00 Q C—ai,Dv—ie-TP.
W.taer Use.
b.—ffdalu.f—T.
.4R,:ATuti ;21CAAA
TOTA� ;aACAI-A
PI-es d Else
P'b.e of Use Lem Des.Fmea-IM GA710M JADA —ty)
A:—
C4%r C`°01 39 S-
Irr 3ldswt-kytats
'XMC
A—
SM
mA%'—' XYA 'A A;,1&ZT,`:AT:e aAATA, a,-,-
S f.NTtr=•r OR T, R-C,T.
VMe 'J.'e '4SM" wdffi�.-- ---
TH,—..i 5--d A,n'-"'N—a
—Yd f-4 "S-,
Sax:t—0 14 9,2
Dates OtIcerlTewmatkun
s"' :-4,S
TA1-
I-'_'4"'x Qm,6"Wtl c A'• .C'U
102
Permit Proof Made Date 5/24/1990 Generic Max Volume Per Acre:4.5
Permit Approved Date:5/18/1988 Civil Case Number
Permit Moratorium Expiration Date: Decree Plantiff
Enl.mmewt U,e Priority Date: Decree Defendant:
Enlargement Statute Priority Date Swan Falls Trust or Nontrust
Application Recevled Date:3/9/1988 Swan Falls Dismissed
Protest Deadline Date DLE Act Number
Cary Act Number,
Mitigation Plan False
IDAHO DEPARTMENT OF WATER RESOURCES 11/18/2025
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 13
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 14 of 15
Water Right Report: 63-34797( Decreed Active)
Water Right Owners
*W W r Type Nanm Alldress t4 State Postal 4to&
.:j "-,wi e- —;.: W9 S 9k:j"Zkok"I I D a-16i6
:_'.,qnz -�:Ai X-JA r-%RVS 24%,S V�:a E-- r 2 211, NAYZA D &16SI
�,evaz, z-V-..' Cr__nAl,I E IaU-)-,I EAN NAYDA j WIA7
mvats YC C- n,_Nv S 1612.)1 Lk" %AY!.-% :j L1667
e,.f,3 u Orne,VC :ket�VS N C C,,*-TA,S VC af-- 18120 HA -N %Avl�-% D 8LI.A?l
We tier Right Status
Water&a Lj rice
Source Sourcetlwfifmr Iribirtary Irittutaryclualifmr
Pio ints Of Diversion(Locat io n)
soa ce 7cmn&Aip Range Sect n CkvL Let 400 00 0 county Divers ion Type
(Y-N -Al& .11 13 Y& ;I A:A-%
Water Uses
"mfK L&I Use rrom U Diversion Rate VaJunw
RR'sLA7 4:,N -A.15 1 iiiS 25 I w:;s 524,0)AIA
70TAL Zil U4.W Ai-%
P lacies of Use
Place of Use Legal Description-IRRICATION(AAA counyy
Taw ns h ig Range Section Lot 000 00 4 Acres
04% 0110 ji %Ikv Ni 2t5
04% 0110 .11 :Ay %E 14.)
04N -AIN ji %[ %14V 1)..3
04 N -Alwlq .1i i Y4)q 1414V ill.)
0411 0110 j 1 2 SAI NA,
-)e% 01,41Y A I SE
Irrigation Totals
A=e
Conditions
Code tondtims
S YZ0 I L JSE ..tR j'ti'Ek-�I S'R%e 1-,VN1 a I%i,N AS EAk.*1 ASYA,4.,I t?R-%N Xj-%7b 1 E�E.EY PJS
I i 4,'�,F AR E EX 11 Y:v tIE JSE KL-�D,E VAk'�1 15 J,Xr P—,I S k E VAR S SJ gr-A J W! A--WA!q
k<.,I-S IM V�V S jgcN D Nffr:1 Lkk 21 Rk�k- N J SE A%D A XR D!VE bkk E k R I[:W[A bAR7 A-:1 E-4 RIE
S
-'s J'n ge rte'l 2*'.s,ss is--,'I e def I-.,m lal ql::'Y 1'r ^ff�1r zd 7 1 2z;'n 1
al wz-,z-7ij,,r:s is-r2y x j -rz-,z-y -t--d ny -�'c a,-, -:car i-.-re-,c xc�,-n a i e-r-y cd if-i a ji,f ed
S^c-rc 1 42 1412',S'4 dz-
J. ,:A n5-9 7�z cc s -dw lwam-I '-e- 1:j s-
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 14
Instrument # 2026-026246
04/15/2026 08:44:56 AM Page 15 of 15
Dates Other Information
Licensed Date: State or Federal:S
Decreed Date: Water District Number:EXC
Permit Proof Due Date: Generic Max Rate Per Acre:0
Permit Proof Made Date: Generic Max Volume Per Acre:0
Permit Approved Date: Civil Case Nurnber
Permit Moratorium Expiration Date, Decree Plantiff
Enlargment Use Priority Date Decree Defendant
Enlargement Statute Priority Date: Swan Falls Trust or Nontrust:
Application Recevied Date: Swan Falls Disrnissed
Protest Deadline Date: DUE Act Number
Cary Act Number
Mitigation Plan:False
IDAHO DEPARTMENT OF WATER RESOURCES 11/18/202!
LICENSE AGREEMENT FOR PUMP AND WELL PAGE 15