Loading...
HomeMy WebLinkAboutWater Right Transfer Application Agreement with NMIDTHIS WATER RIGHT TRANSFER APPLICATION AGP&kMENT ("Agreement") is made and entered into this S day of CaAiu.� ,.2945, by and between the City of Meridian ("City"), a municipal corporation organized and existing under Idaho law, and Nampa & Meridian Irrigation District ("District"), an irrigation district organized and existing under Idaho law. Recitals: 1. The City owns municipal ground water rights entitling it to supply water to its citizens by diversion through wells that are owned and operated by the City. Many of the wells are points of diversion for more than one of the City's ground water rights. 2. The City filed an Application for Transfer of Water Rights ("Application") with the Idaho Department of Water Resources ("IDWR"). A true and accurate copy of the Application is attached hereto. The Application seeks to add existing City Municipal Wells as points of diversion to City municipal ground water rights. (The wells subject to this application are hereinafter referred to as "Municipal Wells".) 3. The District delivers water to landowners through numerous canals, laterals, ditches and drains (herein referred to collectively as "District's Facilities") pursuant to the District's water rights, ditch rights and statutory obligations. The District's water supply includes water diverted from the Boise River at the Ridenbaugh Canal and the New York Canal pursuant to natural flow and storage water rights, water diverted by wells pursuant to groundwater rights, and subterranean and surface return flows from the irrigation of land within the District's boundaries that are recaptured in the District's Facilities and reused on lands within the District pursuant to the District's surface and groundwater rights. 4. Many of the City's Municipal Wells are adjacent to the District's Facilities. The District is concerned that approval of the Application may deplete or otherwise interfere with the flows and quantities of water in the District's Facilities, and thereby diminish the District's water supply and delivery of water to District landowners, including the City's citizens and businesses. 5. The City and the District previously entered into agreements to authorize the City to discharge water into certain District facilities for the purpose of flushing water from distribution lines in the City's common distribution system ("flush line discharge agreements"). 6. The District filed a protest to the Application to protect and preserve the District's water supply, water rights, water delivery and facilities for the benefit of the District's landowners. 7. The City represents to the District that: WATER RIGHT TRANSFER APPLICATION AGREEMENT - (a) the purpose of the City's application is to enable the City to shift its diversion of groundwater between City Municipal Wells in response to changing needs and/or requirements affecting the operation of the City's Municipal Wells and common distribution system to deliver water to the City's customers; (b) the Municipal Wells deliver water into the common distribution system that is owned and operated by the City; (c) as a result of the Application's approval, the City does not propose or intend to increase its diversion from the Municipal Wells beyond the quantity it is currently authorized to divert pursuant to the municipal ground water rights subject to the Application; (d) the majority of the Municipal Wells divert ground water from a depth greater than 200 feet below surface, from the Alluvial Aquifer ranging in approximate depth from 60 feet to 400 feet below land surface, and from the deeper Pierce Gulch Sand Aquifer ranging in approximate depth from 400 to 900 feet below land surface; (e) none of the Municipal Wells currently divert ground water from the shallowest (floodplain terrace gravel) aquifer, generally extending from land surface to depths ranging from 35 feet to 60 feet below land surface, and the City does not propose or intend to divert water from this aquifer under the Application; (f) it is the opinion of the City's hydrogeologist that there is no measureable hydraulic connection between the shallowest (floodplain terrace gravel) aquifer and the Alluvial Aquifer drawn upon by the Municipal Wells. It is also the opinion of the City's hydrogeologist that the City's withdrawals of ground water as proposed in the Application will not measurably affect the shallowest (floodplain terrace gravel) aquifer or the flows or quantities of water in the District's Facilities; (g) the City does not intend to interfere with or diminish the flows and quantities of water in the District's Facilities, and (h) the City does not intend to increase its flush line discharges into the District's Facilities without the District's prior written approval. 8. Based on the foregoing representations, understandings and assurances, the City and the District enter this agreement in fir therance of their mutual interests in resolving the District's protest, protecting and preserving the District's and the City's water supplies, water rights, water delivery and facilities, and avoiding future conflict. Agreement,• NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: WATER RIGHT TRANSFER APPLICATION AGREEMENT - 2 I - Mutual Cooperation and Prevention of Hydraulic Interference. The City agrees to operate the Municipal Wells in a manner that will not materially interfere with or otherwise diminish the flows and/or quantities of water in the District's Facilities. If either the City or the District has reason to believe that the City's operation of the Municipal Wells is materially interfering or otherwise diminishing the flow and/or quantity of water in District Facilities, the City/District shall provide written notice of such belief and the reasons therefor to the other as soon as practicable after discovering the occurrence. After delivery of such notice, the City and the District shall meet as soon as is practicable and in good faith attempt to determine the existence, cause and potential resolution of the alleged interference. If the District and the City are unable to reach agreement, they may avail themselves of available legal remedies. 2. Administration of Rialits in the Event of Material hjury. If either: (1) a finding is made in a contested hearing before IDWR; or (2) the City and District agree, that diversion of any of the City's water rights subject to the Application are materially injuring the flows and/or quantities of water in the District's Facilities, the diversion found or agreed to be causing material injury shall be limited to the quantity and priority date to which it was limited before the Application was submitted. The intent of this paragraph is to prevent material injury to the District's water rights as a result of the approval of the Application. To the extent there is any conflict between this provision and any condition that is placed in the City's water rights that are the subject of the Application, this provision shall control. 3. Flush Line Discharges. The City agrees that the Application, if approved by IDWR, will not result in any increase in any flush line discharge (flow rate or volume) in excess of the specifications contained in the existing flush line discharge agreements between the City and the District. The City shall obtain the District's prior written approval before initiating new flush line discharges, or increasing existing flush line discharges into the District's Facilities. 4. Withdrawal of Protest ofthe Application. The District agrees to withdraw its protest to the Application before IDWR upon execution of this Agreement. S. Fees and Costs. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement by institution of suit, the prevailing party shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 6. Entire Agreein . The terms and conditions contained within this agreement contain the entire agreement of the parties. Any modifications or changes to this Agreement must be executed in writing. Oral amendments of the underlying Agreement shall not be valid until they have been reduced to writing and approved by both parties. 7. Third Parties. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 8. Invalid Provisions. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this WATER RIGHT TRANSFER APPLICATION AGREEMENT - 3 agreement shall remain in full force and effect. 9. Interpretation. This agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. 10. Notices. Any notices, demands, consents and/or approvals required or permitted under this agreement shall be delivered to the parties as follows: City of Meridian Nampa & Meridian Irrigation District Public Works Dept. 5525 E. Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, ID 83642 11. Counterparts. This agreement may be executed and delivered in counterparts, each of which may be deemed to be an original, and all of which shall constitute one and the same instrument. City of Meridian Its Ma r Da e Attest: Ci;y of ice, V1 A.14 qS ((,JY Cleric Date r. SEAL Nampa & Meridian IrriLyation District is President Date Donald Barksdale Attest: -7 Its Secretary Date Daren R. Coon WATER RIGHT TRANSFER APPLICATION AGREEMENT - 4 42-222 POD E c E I E D RECEIVED 07/2011 JAN 0 7 2015 STATE OF IDAHO JAN 0 6 2015 WAFER RESOUR% WESTERN REGI - WPARTM ENT OF WATER RESOURCES DEFAFM,4ENT W WATER RES0UFjCEs APPLICATION FOR TRANSFER OF WATER RIGHT - POINT(S) OF DIVERSION This form may he used to apply to change and/or add points aFtliversion for existing water rights and to report an ownership change loran entire water rights) in connection with the proposed point of diversion change(s). Do not use this form to apply for changes to other elements of water right or to report an ownership change for a Portion of water right. See the;(eg&rdlonUbTidgVrktY_md1oM for �g bell) Completing this form and for mailing addresses ofDepariment offices where your application can be submitted. Check all that apply: (0 Change diversion point(s) El Add diversion point(s) ❑ Ownership change 1. APPLICANT(S)_QW of Meridian Phone898-5500/Ed S.-342-8369 2. MAILING ADDRESS 33 E. Broadway St. City Meridian State ID Zip 83642 Email Please direct all k9,W[0eS to Ed Squires - ed ct'hytdrooglcinc.net Q If the applicant is not an individual and not registered to do business in the State of Idaho, attach documentation identifying officers authorized to sign for the applicant. ❑ If the applicant is not the current water right(s) owner, attach documentation ofauthority to file the application. E] If the application includes a change in ownership of water right(s), attach a copy of the conveyance document, such as a warranty deed, court decree, contract of sale, etc. The conveyance document must include a legal description of the property conveyed or description of the water right if no land is conveyed. Additional feels) required for water right ownership changes; see f- schedule. E] If the application is not signed by the applicant, attach a Power of Attorney or other documentation providing authority to sign for the applicant. 3. L9STWATER RIGHT NUMBER(S) Please see attached list -Exhibit A. Please see attached list - Exhibit A. M Attach a copy of the water right(s) as recorded, available at iviviv.1djvr-jd_ako.go �v contacting any Department office. Water Righl Transfers, Step 1, or by 4. TOTAL AMOUNT OF WATER transferred is 76.62 cubic feet per second and/or _ acre-feet per annum. (diversion rate) (storage volume) 5. POINT OF DIVERSION —Describe all the point(s) of diversion to be included on the water right(s) after the proposed change. F1 Attach Eastern Snake Plain Aquifer (ESPA) analysis if this transfer proposes to change a point of diversion affecting the ESPA. ESPA analysis information is available at taking 1dignidahogo ,v P'ater Right Transfers, inline Resources. Twp Rge Sec GOA County Source Lot Local name or tag ........... Pagel oft W FILE TransferNo. 6. GENERAL INFORMATION a. Describe the complete diversion system, including how you will accommodate a measuring device and lockable controlling works should they be required now or in the future: All well facilities have flow meters, control valves, and lockout panels in lockable well houses. All points of diversion are interconnected to the existing Meridian municipal water distribution system. b. Who owns the property at the point(s) of diversion? City of Meridian If other than the applicant, describe the arrangement enabling the applicant to access the property for the diversion system: c. To your knowledge, haslis any portion of the water right(s) proposed to be changed: Yes No ❑ P(I undergone a period of rive or more consecutive years of non-use, ❑ ❑✓ currently leased to the Water Supply Hank, ❑ 0 currently used in a mitigation plan limiting the use of water under the right(s), or ❑ 0 currently enrolled in a Federal set-aside program limiting the use of water under the right(s)? If yes, describe 7. MAS' — (] Attach a map of the diversion, measurement, control and distribution system, Clearly label the Wrap with township, range, section and'/ '/ of section information. The r1•1ap Tool, available at h1tn:Antans.iahvr.idaho eoalTransfer.lPolicationLayouts/ provides a satisfactory template for creating the required map. 3. SIGNATURE - The information in this application is true to the best of my knowledge. I understand any willful misrepresentations in this application may result in rejection of the application or cancellation of an approval. M f (Rc3dCfLI i F 0. t' I' ceC'LF-- Signature of applicant or aut fed gent Print name and title i£app it ble Date G Signdfrr4518f applicant or authorized agent Print name and title if applicable Date 9. FEE - ❑ The application filing fee provided in Section 42-21-1, Idaho Code, must be submitted with the application for transfer. The Application fee is based on the total amount of water proposed for transfer in Item 4: the larger fee for either cubic feet per second (diversion rate) or acre-feet per annum (storage volume). The Fee Schedule is available at ummpddwr.idaho.gov, Ifrater Right Transfers, Step 4 and in thePplicatinn for Trans -62- histrrtctionc. Transfer includes pages of attachments. Fee paid 'fit �Jt,�7 ` Date i Preliminary review completed by Page 2 of 2 FOR DEPARTIVIENT USE ONLY Received by Receipted by2' Date Receipt 9 C-C"Al T:7i Date Water Right No. 63-32567 63-32568- 63-02893, 63-03252• 63-07105- 63-07978, 3-0710563-07978, 63 -09849- 63 -08331- 63-08332- 63-10105, 3-09849- 63-0833163-0833263-10105• 63-10840- 63-12162, 3-1084063-12162• 63-11737- 63-11922. 3-1173763-11922 63-12173 63-12039• 63-12295 63-12181= 63-12378- 63-12416- 63-316774 63-12560- 63-31138- 63-31281- 63-31318 63-31630- 46 GC uantiiy 1.67 cfs 0.78 cfs 0.78 cfs 1.66 cfs 0.70 cfs 1.91 cfs 1.67 cfs 1.89 cfs 2.00 cfs 2.80 cfs 1.34 cfs 2.00 cfs 3.00 cfs 3.00 cfs 1.46 cfs 3.00 cfs 4.50 cfs 4.50 cfs 4.50 cfs 4.50 cfs 5.00 cfs 4.50 cfs 5.00 cfs 5.00 cfs 4.46 cfs 5.00 cfs E3CMIT66A99 Well No. 1 Well No. 2 Well No. 3 Well No. 5 b1 Well No. 6 Well No. 7 Well No. 8 Well No. 9 ` Well No. 10-1 Well No. 1 I Well No. 12 Well No. 12 Well No, 14� Well No. 15 Well No. 15 ✓ Well No. 16-13, C, & D,/ Well No. 17 JJ Well No. 18,` Well No. 19 Well No. 20-A ✓ Well No. 20-A & B Well No. 21 J Well No. 22.11" Well No. 23 ✓ Well No. 24 Well No. 251& 28 � *All listed POD's are within Ada County Primary POD Location* T03N, ROlE, 507, NWSW T03N, ROLE, 507, NWSW T03N, ROI W, S12, SESE TO3N, R01 E, 507, NES W T03N, ROI W, S 12, NENW T03N, R01W, SOI, SWSE T03N, ROI E, S 18, NWNW T03N, R01 W, S12, SWSE T03N, ROLE, 506, NWSE T03N, ROIE, 508, SESW T03N, ROI W, 502, SWSW T03N, R01 W, 502, SWSW T03N, RO I E, S 19, NENW T03N, RO 1 W, S 11, NENE T03N, RO 1 W, S 11, NENE T03N, ROLE, 508, SWNE T03N, ROLE, 520, NWSW T04N, ROLE, 532, SWSW T03N, ROI W, 503, NENE T04N, R01 W, 536, SESE T04N, ROI W, S36, SESE T03N, RO 1 E, S 18, NEN W T03N, ROIW, S24, SWNE T03N, R.01E, S21, NWNW T03N, ROI W, 502, NENE T03N, R01E, 529, NWNE T03N, ROIE, S32, SWNE