HomeMy WebLinkAboutSecond Addendum to Water Right Transfer Agreement NMIDADA COUNTY RECORDER Christopher D. Rich 2018_053042
BOISE IDAHO Pgs=3 NIKOLA OLSON 0610812018 01:42 PM
NAMPA MERIDIAN IRRtG DIST NO FEE
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SECOND ADDENDUM TO WATER RIGHT
TRANSFER APPLICATION AGREEMENT
THIS SECOND ADDENDUM is to the WATER RIGHT TRANSFER APPLICATION
AGREEMENT ("Agreement") made and entered into on or about the 5th day of January, 2016,
by and between the City of Meridian ("City"), and Nampa & Meridian Irrigation District
("District"), addressing the January 6, 2015 Application for Transfer of Water Rights, Transfer
No. 79778 (hereinafter "Application I") filed with the Idaho Department of Water Resources
("IDWR") by the City.
Recitals:
1. Application I was approved as a Final Order by IDWR on October 4, 2016, and
resulted in the addition of existing municipal wells as points of diversion to the City's municipal
ground water rights.
2. Since approval of Application 1, the City filed a second Application for Transfer of
Water Rights, Transfer No. 8135 1 (hereinafter "Application 2") with IDWR on December 9,
2016 to add new wells and future wells as points of diversion to City municipal ground water
rights.
3. Application 2 raised the same concerns for the District as did Application I and as are
stated in the Agreement. Accordingly, the City and District executed the February 7, 2017
Addendum to i3rater Right Transfer Application Agreement to ensure that the Agmentent's
Recitals and Terms applied to Application 2.
4. The City has filed a third Application for Transfer of Water Rights, Transfer No.
82259 (hereinafter "Application 3") with IDWR on February 23, 2018 to change the nature and
place of use of recently obtained water rights to the City's water right portfolio, and to add the
City's municipal supply wells as points of diversion to the recently obtained water rights.
5. The parties desire to reiterate and confirm the Recitals and Terms in the Agreement
such that such Recitals and Terms apply to Application 3, and to ensure language in the approval
of Application 3 that addresses the District's concerns regarding the use of available surface
water rights for irrigation purposes.
SECOND ADDENDUM TO WATER RIGHT TRANSFER APPLICATION AGREEMENT -
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Agreement:
1. The City and District hereby reiterate and confirm the Recitals and Terms of the
Agreement both as applied to Application I and the water rights subject to such Application 1,
and confirm that said Terms and Conditions of the Agreement are hereby incorporated herein and
shall be applicable as applied to Application 3 and the water rights which are subject to
Application 3.
2. The City shall request of IDWR that as a condition of approval of Application 3,
IDWR shall insert either the following language or language substantially similar to the
following in the water rights subject to Application 3:
The right holder shall not provide water diverted under this right for the irrigation of land
having appurtenant surface water rights as a primary source of irrigation water except when the
surface water rights are not available for use or where the use of surface water was replaced by
the use of water diverted in connection with this right before the approval of this Transfer. This
condition applies to all land with appurtenant surface water rights, including land converted
from irrigated agricultural use to other land uses but still requiring water to irrigate lawns and
landscaping.
3. Based upon the conditions of this Second Addendum, the District does not intend to
file a protest to Application 3. Provided, however, the City agrees to notify the District
immediately if IDWR or some other protestant objects to the inclusion of the condition or
substantially similar condition provided in paragraph 2 above, and the District reserves the right
to intervene or participate as feasible to address its concerns.
SECOND ADDENDUM TO WATER RIGHT TRANSFER APPLICATION AGREEMENT -
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City of Meridian
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SECOND ADDENDUM TO WATER RIGHT TRANSFER APPLICATION AGREEMENT -
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