AVISTA CORPORATION ' FEDERAL STORAGE CLAIM A-1
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1 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM A-1
2 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT A-2
3 AVISTA CORPORATON ' FEDERAL STORAGE CLAIM EXHIBIT A-3
4 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT A-4
5 ATTACHMENT A 5. Description of existing diversion works (Dams, Reservoirs, Ditches, Wells, Pumps, Pipelines, Headgates, Etc), including the dates of any changes or enlargements in use, the dimensions of the diversion works as constructed and as enlarged and the depth of each well. In 1894, Frederick Post constructed the original dams in the three (3) channels of the Spokane River in Post Falls, Idaho. Avista, then known as The Washington Water Power Company, later purchased the Post Falls site. After the purchase, Avista, in 1906, completed construction of new dams in the North and South Channels and a powerhouse in the Middle Channel. (See, Exhibits A-1 and A-2 showing aerial photos of the site). These structures are the diversion works that allow for the storage of water and the generation of electrical power. Avista s Post Falls Hydroelectric Development is licensed under the Federal Power Act as Project No Exhibit A-3, a copy of Sheet 1 of 77 of the Exhibit G drawings for Project No. 2545, depicts the diversion works consisting of the dams and powerhouse in the three (3) channels. Exhibit A-4, a map of Coeur d'alene Lake area, depicts the location of the diversion works and the area in which Avista stores water in a reservoir composed of St. Joe, St. Maries, Coeur d'alene and Spokane Rivers, and Coeur d'alene Lake and all connected and tributary waters ("Reservoir"). AVISTA CORPORATION ' FEDERAL STORAGE CLAIM ATTACHMENT A
6 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 1 of 13
7 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 2 of 13
8 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 3 of 13
9 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 4 of 13
10 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 5 of 13
11 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 6 of 13
12 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 7 of 13
13 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 8 of 13
14 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 9 of 13
15 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 10 of 13
16 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 11 of 13
17 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 12 of 13
18 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 13 of 13
19 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 1 of 7
20 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 2 of 7
21 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 3 of 7
22 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 4 of 7
23 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 5 of 7
24 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 6 of 7
25 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-2, 7 of 7
26 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-3, 1 of 4
27 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-3, 2 of 4
28 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-3, 3 of 4
29 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-3, 4 of 4
30 AVISTA CORPORATION ' FEDERAL STORAGE CLAIM EXHIBIT B-4
31 ATTACHMENT B 7. Total quantity claimed In 2001, the United States Supreme Court ruled that the lands underlying Coeur d'alene Lake and its tributaries within the current boundaries of the Coeur d'alene Indian Reservation ("Reservation") are owned by the United States as Trustee for the Coeur d'alene Tribe ("Tribe") (See, Idaho v. United States, et al., 533 U.S. 262 (2001)). As a result of that decision, Avista Corporation ("Avista") entered into negotiations with the Tribe for, among other things, permission to store water on the submerged lands within the Reservation for electrical power generation purposes. Settlement was reached on December 16, 2008 and a Master Settlement Agreement was signed (See, Exhibit B-1). As part of that Agreement, Avista submitted to the Tribe an Application for Tribal Water Storage/Use Permit (See, Exhibit B-2). The Tribe issued Avista a Water Storage/Use Permit (See, Exhibit B-3). Paragraph 5 of the Water Storage/Use Permit states: 5. As of 2005, the Tribe estimates that Avista s storage of water above the dams at its Post Falls HED at 2,128 feet above MSL creates a total storage capacity upon submerged lands within the Reservation and upon submerged lands of Coeur d Alene Lake outside the Reservation ( Total Submerged Lands ) of approximately 284,471 acre feet of water. As of 2006, Avista estimates that its storage of water above its Post Falls HED at 2,128 above MSL creates a total storage capacity upon such Total Submerged Lands of approximately 266,692 acre feet of water. Pursuant to the Tribe s retained sovereignty over submerged lands and waters within the Reservation and consistent with Section 4 of Avista s Application for this Water Storage/Use Permit, dated December 16, 2008: (a) Avista and the Tribe shall work cooperatively during the term of this Permit to apply best scientific approaches mutually agreed upon by Avista and the Tribe to make reasonable calculations of the total volume of water stored above Avista s Post Falls dams at 2,126.5 and 2,128 feet above MSL, respectively, as well as the total volume of water stored on submerged lands within the current Reservation boundaries at those elevations; (b) Avista and the Tribe shall each pay their respective costs of these cooperative efforts; (c) pending further cooperative measurement efforts, Avista and the Tribe shall use the mean between their respective existing estimates, or 275,581.5 acre feet, as the best available measurement of storage volume above Avista s Post Falls dams upon the Total Submerged Lands at 2,128 feet above MSL; and (d) these cooperative efforts shall include the preparation of a map or maps clearly identifying, by section, township, and range, the location of water being stored on submerged lands within the Reservation. On December 18, 2008, the United States District Court for the District of Idaho incorporated the Master Settlement Agreement, Water Storage/Use Permit and other agreements into a Federal Court Judgment (See, Exhibit B-4). The scope, nature and AVISTA CORPORATION ' FEDERAL STORAGE CLAIM ATTACHMENT B
32 extent of Avista's Federal water right claim is as set forth in the Water Storage/Use Permit (Exhibit B-3) issued by the Tribe. AVISTA CORPORATION ' FEDERAL STORAGE CLAIM ATTACHMENT B
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37 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM A-1
38 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT A-2
39 AVISTA CORPORATON 2128' FEDERAL STORAGE CLAIM EXHIBIT A-3
40 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT A-4
41 ATTACHMENT A 5. Description of existing diversion works (Dams, Reservoirs, Ditches, Wells, Pumps, Pipelines, Headgates, Etc), including the dates of any changes or enlargements in use, the dimensions of the diversion works as constructed and as enlarged and the depth of each well. In 1894, Frederick Post constructed the original dams in the three (3) channels of the Spokane River in Post Falls, Idaho. Avista, then known as The Washington Water Power Company, later purchased the Post Falls site. After the purchase, Avista, in 1906, completed construction of new dams in the North and South Channels and a powerhouse in the Middle Channel. (See, Exhibits A-1 and A-2 showing aerial photos of the site). These structures are the diversion works that allow for the storage of water and the generation of electrical power. Avista s Post Falls Hydroelectric Development is licensed under the Federal Power Act as Project No Exhibit A-3, a copy of Sheet 1 of 77 of the Exhibit G drawings for Project No. 2545, depicts the diversion works consisting of the dams and powerhouse in the three (3) channels. Exhibit A-4, a map of Coeur d'alene Lake area, depicts the location of the diversion works and the area in which Avista stores water in a reservoir composed of St. Joe, St. Maries, Coeur d'alene and Spokane Rivers, and Coeur d'alene Lake and all connected and tributary waters ("Reservoir"). AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM ATTACHMENT A
42 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 1 of 13
43 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 2 of 13
44 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 3 of 13
45 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 4 of 13
46 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 5 of 13
47 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 6 of 13
48 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 7 of 13
49 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 8 of 13
50 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 9 of 13
51 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 10 of 13
52 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 11 of 13
53 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 12 of 13
54 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B - 1, 13 of 13
55 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 1 of 7
56 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 2 of 7
57 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 3 of 7
58 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 4 of 7
59 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 5 of 7
60 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 6 of 7
61 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-2, 7 of 7
62 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-3, 1 of 4
63 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-3, 2 of 4
64 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-3, 3 of 4
65 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-3, 4 of 4
66 AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM EXHIBIT B-4
67 ATTACHMENT B 7. Total quantity claimed In 2001, the United States Supreme Court ruled that the lands underlying Coeur d'alene Lake and its tributaries within the current boundaries of the Coeur d'alene Indian Reservation ("Reservation") are owned by the United States as Trustee for the Coeur d'alene Tribe ("Tribe") (See, Idaho v. United States, et al., 533 U.S. 262 (2001)). As a result of that decision, Avista Corporation ("Avista") entered into negotiations with the Tribe for, among other things, permission to store water on the submerged lands within the Reservation for electrical power generation purposes. Settlement was reached on December 16, 2008 and a Master Settlement Agreement was signed (See, Exhibit B-1). As part of that Agreement, Avista submitted to the Tribe an Application for Tribal Water Storage/Use Permit (See, Exhibit B-2). The Tribe issued Avista a Water Storage/Use Permit (See, Exhibit B-3). Paragraph 5 of the Water Storage/Use Permit states: 5. As of 2005, the Tribe estimates that Avista s storage of water above the dams at its Post Falls HED at 2,128 feet above MSL creates a total storage capacity upon submerged lands within the Reservation and upon submerged lands of Coeur d Alene Lake outside the Reservation ( Total Submerged Lands ) of approximately 284,471 acre feet of water. As of 2006, Avista estimates that its storage of water above its Post Falls HED at 2,128 above MSL creates a total storage capacity upon such Total Submerged Lands of approximately 266,692 acre feet of water. Pursuant to the Tribe s retained sovereignty over submerged lands and waters within the Reservation and consistent with Section 4 of Avista s Application for this Water Storage/Use Permit, dated December 16, 2008: (a) Avista and the Tribe shall work cooperatively during the term of this Permit to apply best scientific approaches mutually agreed upon by Avista and the Tribe to make reasonable calculations of the total volume of water stored above Avista s Post Falls dams at 2,126.5 and 2,128 feet above MSL, respectively, as well as the total volume of water stored on submerged lands within the current Reservation boundaries at those elevations; (b) Avista and the Tribe shall each pay their respective costs of these cooperative efforts; (c) pending further cooperative measurement efforts, Avista and the Tribe shall use the mean between their respective existing estimates, or 275,581.5 acre feet, as the best available measurement of storage volume above Avista s Post Falls dams upon the Total Submerged Lands at 2,128 feet above MSL; and (d) these cooperative efforts shall include the preparation of a map or maps clearly identifying, by section, township, and range, the location of water being stored on submerged lands within the Reservation. On December 18, 2008, the United States District Court for the District of Idaho incorporated the Master Settlement Agreement, Water Storage/Use Permit and other agreements into a Federal Court Judgment (See, Exhibit B-4). The scope, nature and AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM ATTACHMENT B
68 extent of Avista's Federal water right claim is as set forth in the Water Storage/Use Permit (Exhibit B-3) issued by the Tribe. AVISTA CORPORATION 2128' FEDERAL STORAGE CLAIM ATTACHMENT B
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