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County officials told corporate merger did not trigger water‑permit transfer clause

July 01, 2025 | Chaffee County, Colorado


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County officials told corporate merger did not trigger water‑permit transfer clause
BlueTriton Brands representatives told the Chaffee County Board of County Commissioners they do not believe a November 2024 corporate transaction that created Primo Brands changed the permittee or triggered the permit’s transfer clause.

Caitlin Ponder, land‑use counsel for the company, told the commissioners the corporate steps are best described “for simplicity” as a merger but said “there was not actually a merger of BlueTriton the permittee. Rather … a BlueTriton affiliate formed a holding company called Primo Brands.”

The company’s corporate counsel, Alex Johnson, explained how the transaction left the permit‑holding legal entities unchanged and said the parent entity identified in the permit continues to own the permittee. Ponder and Alex Johnson said the county’s 2021 permit language limits transfer review to changes at the permittee or its immediate parent, not to equity changes at higher holding‑company levels.

“The conclusion remains the same, that there is not, that the permit provision was not triggered,” Ponder said, summarizing the company’s legal analysis and its notifications to county counsel in mid‑2024.

Why it matters: the county’s 2009 October permit (reissued and updated in 2021) contains a transfer provision intended to protect against changes in on‑the‑ground operations. County staff and the company told commissioners the company’s local operations, the permittee entity, and the immediate parent named in the permit all remain the same. Company representatives emphasized that annual compliance reports and the multi‑year permit renewal process provide built‑in oversight: the county receives yearly compliance reports and will have a full renewal review at the end of the current permit term.

In the presentation, BlueTriton and Primo officials also reviewed local operational commitments: the local operations team, trucking limits in the permit, a 122‑acre conservation easement, and more than $24 million in local investments and charitable contributions tied to the operation over the permit term. Company staff said truck counts represent a small share of daily county traffic and reiterated the firm’s continuing commitment to local permit conditions.

What commissioners said: several commissioners thanked company representatives for the follow‑up presentation and for the additional diagrams showing the corporate structure. A commissioner said the explanation helped distinguish corporate finance moves from operational changes; another said the additional transparency was useful and welcomed the company’s offer to continue monthly reporting and an annual presentation.

Next steps: Commissioners and staff said they would review the company’s filings and annual reports, and the permit remains subject to the county’s next renewal review when it comes due. Company representatives said they will continue to appear for annual compliance briefings and to answer questions as needed.

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Scribe from Workplace AI
Scribe from Workplace AI