HomeMy WebLinkAboutWithdrawl of Protest by Settler's Irrigation for Keith Bird Legacy ParkM
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S. Bryce Farris [ISB # 5636]
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Suite 110
P.O. Box 7985
Boise, Idaho 83707-7985
T (208) 629-7447
F (208) 629-7559
E bryce@sawtoothlaw.com
Attorneys for Protestant
Settlers Irrigation District
R,ECEIVED
DEC 0 4 2019
WATER RESOURCES
WESTERN REGION
BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF IDAHO
IN THE MATTER OF APPLICATION FOR STIPULATION TO RESOLVE
TRANSFER NO. 82916 IN THE NAME OF PROTEST AND WITHDRAWAL OF
THE CITY OF MERIDIAN PROTEST
COMES NOW, Applicant City of Meridian and Protestant Settlers Irrigation District, and
hereby submit this Stipulation to Resolve Protest and Withdrawal of Protest in the above -
captioned matter.
Applicant and Protestant hereby stipulate and agree as follows:
1. Applicant and Protestant agree that Transfer No. 82916 may be granted
contingent upon the following conditions (or substantially the same conditions as approved by
IDWR) be included in the approval for Transfer No. 82916:
a. The primary irrigation water for the place of use authorized under those
rights identified in Transfer No. 82916 is surface water delivered by Settlers Irrigation District.
The right holder shall make full beneficial use of said primary surface water rights available to
the right holder for irrigation of lands within the authorized place of use for this right. The right
holder may divert water under any groundwater rights to irrigate land with appurtenant primary
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 1
surface water rights when the primary surface water supply is not reasonably sufficient to irrigate
the place of use or is not available due to drought, curtailment by priority, or the seasonal startup
and shutoff or maintenance schedule for the irrigation delivery entity. The right holder shall not
divert water for irrigation purposes under any groundwater rights if use of the primary surface
water rights is intentionally discontinued or reduced (for example abandoned, forfeited, sold,
disallowed by court decree, or leased to the Water Supply Bank) or is not deliverable due to non-
payment of annual assessments, without an approved transfer pursuant to Idaho Code § 42-222
or other Department approval;
b. The rights identified in the Transfer when combined with all other rights
shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre at the field headgate
for irrigation of the place of use; and
C. The rights identified in Transfer No. 82916 are subject to a
Stipulation/Agreement between the Applicant/right holder and Settlers Irrigation District dated
H q , 2019 to which the Department is not a party. Because the Department is not
a party, the Department is not responsible for enforcement of any aspect of the agreement not
specifically addressed in other conditions herein. Enforcement of those portions of the
agreement not specifically addressed n other conditions shall be the responsibility of the
protestant and the water right holder.
2. Applicant and Protestant further agree that the following conditions may not be a
conditions included in Applicant's final Transfer No. 82916, although this Stipulation shall be
included in the backfile/records for the water rights which are the subject of Transfer No. 82916
but the following conditions shall be binding upon the Applicant, Protestant and their successors
and assigns:
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST—Page 2
a. Water right No. 63-34433 is held in the name of the Applicant and is
diverted from the Boise River and delivered by Settlers Irrigation District through the Settlers
Irrigation District's canal system. Settlers Irrigation District will continue to divert and deliver
said water to the Applicant in the same manner as it has historically delivered said water (except
for the delivery point change referenced below) and Applicant shall continue to be assessed and
treated as a landowner of Settlers Irrigation District. In other words, Applicant shall continue to
have all rights, responsibilities and obligations as any other assessed landowner of Settlers
Irrigation District regardless of the name in which Water Right No. 63-34433 is held; and
b. The lands identified in the place of use for Transfer No. 82916 may have
historically been delivered water from both the Harrell Lateral and the North Slough Lateral.
Applicant, Settlers Irrigation District and North Slough Lateral Water Users Association ("North
Slough") have agreed to a change in delivery point for those lands delivered from the North
Slough to the Harrell Lateral and thus all water delivered by Settlers Irrigation District to the
place of use for Transfer No. 82916 and to Applicant's pressurized irrigation pump station shall
be from the Harrell Lateral.
3. Protestant hereby withdraws its Protest filed in the above -captioned matter based
upon the conditions referenced above. The filing of this Stipulation to Resolve Protest and
Withdrawal of Protest shall serve as Protestant's withdrawal of its Protest.
DATED this 101 day of W 0VeJYY hP_Y , 2019.
CITY OF MERIDIAN
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 3
DATED this t day of )e G c w iv+' , 2019.
SAWTOOTH LAW OFFICES, PLLC
By
S. Bryce Farris
Attorneys for Protestants
Settlers Irrigation District
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day of _De c t w he , 2019,1
caused a true and correct copy of the foregoing STIPULATION TO RESOLVE PROTEST
AND WITHDRAWAL OF PROTEST to be served by the method indicated below, and
addressed to the following:
City of Meridian
33 E. Broadway Avenue
Meridian, ID 93642
S. Bryce Farris
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Suite 110
P.O. Box 7985
Boise, ID 83707-7985
T (208) 629-7447
F (208) 629-7559
E bryce@sawtoothlaw.com
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Email
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Email
..' S. Bryce Farris
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 5
Boise Office
uol W. River St., Ste. 110
P.O. Box 7985
Boise, Idaho 83707
Tel. (208) 629-7447
Challis Office
13o1 E. Main Ave.
P.O. Box 36
Challis, Idaho 83226
Tel. (208) 879-4488
Twin Falls Office
236 River Vista Place
Suite 301
Twin Falls, Idaho 83301
Tel. (208) 969-9585
Fax (all offices)
(208) 629-7559
cif..
=s
S AWTOOTH LAW
OFFICES, PLLC
Monday, December 02, 2019
Idaho Department of Water Resources
Western Region Office
2735 Airport Way
Boise, ID 83705-5082
Re: Contested Application for Transfer No. 92916 — City of Meridian
Dear Western Region Office:
David P. Claiborne *
S. Bryce Farris
Patxi Larrocea-Phillips
Evan T. Roth
Daniel V. Steenson
Matthew A. Sturzen
Katie L. Vandenberg
Andrew J. Waldera **
James R. Bennetts (retired)
Enclosed for filing in the above -referenced matter is the following original document:
Stipulation to Resolve Protest and Withdrawal of Protest
Attorneys licensed in Idaho
*Also licensed in Washington
..Also licensed in Oregon
Please date -stamp the copies enclosed and return them via the self-addressed, postage prepaid
envelopes also enclosed.
Thank you for your assistance.
VqY truly yours,
by ! r
Administrative As tant
/dll
Enclosures
c: City of Meridian
SPF Water Engineering
www.sawtoothlaw.com
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST – Page 1
S. Bryce Farris [ISB # 5636]
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Suite 110
P.O. Box 7985
Boise, Idaho 83707-7985
T (208) 629-7447
F (208) 629-7559
E bryce@sawtoothlaw.com
Attorneys for Protestant
Settlers Irrigation District
BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF IDAHO
IN THE MATTER OF APPLICATION FOR
TRANSFER NO. 82916 IN THE NAME OF
THE CITY OF MERIDIAN
STIPULATION TO RESOLVE
PROTEST AND WITHDRAWAL OF
PROTEST
COMES NOW, Applicant City of Meridian and Protestant Settlers Irrigation District, and
hereby submit this Stipulation to Resolve Protest and Withdrawal of Protest in the above-
captioned matter.
Applicant and Protestant hereby stipulate and agree as follows:
1. Applicant and Protestant agree that Transfer No. 82916 may be granted
contingent upon the following conditions (or substantially the same conditions as approved by
IDWR) be included in the approval for Transfer No. 82916:
a. The primary irrigation water for the place of use authorized under those
rights identified in Transfer No. 82916 is surface water delivered by Settlers Irrigation District.
The right holder shall make full beneficial use of said primary surface water rights avail able to
the right holder for irrigation of lands within the authorized place of use for this right. The right
holder may divert water under any groundwater rights to irrigate land with appurtenant primary
Meridian City Council Meeting Agenda November 19, 2019 – Page 185 of 301
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST – Page 2
surface water rights when the primary surface water supply is not reasonably sufficient to irrigate
the place of use or is not available due to drought, curtailment by priority, or the seasonal startup
and shutoff or maintenance schedule for the irrigation delivery entity. The right holder shall not
divert water for irrigation purposes under any groundwater rights if use of the primary surface
water rights is intentionally discontinued or reduced (for example abandoned, forfeited, sold,
disallowed by court decree, or leased to the Water Supply Bank) or is not deliverable due to non-
payment of annual assessments, without an approved transfer pursuant to Idaho Code § 42-222
or other Department approval;
b. The rights identified in the Transfer when combined with all other rights
shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre at the field headgate
for irrigation of the place of use; and
c. The rights identified in Transfer No. 82916 are subject to a
Stipulation/Agreement between the Applicant/right holder and Settlers Irrigation District dated
_______________, 2019 to which the Department is not a party. Because the Department is not
a party, the Department is not responsible for enforcement of any aspect of the agreement not
specifically addressed in other conditions herein. Enforcement of those portions of the
agreement not specifically addressed n other conditions shall be the responsibility of the
protestant and the water right holder.
2. Applicant and Protestant further agree that the following conditions may not be a
conditions included in Applicant’s final Transfer No. 82916, although this Stipulation shall be
included in the backfile/records for the water rights which are the subject of Transfer No. 82916
but the following conditions shall be binding upon the Applicant, Protestant and their successors
and assigns:
Meridian City Council Meeting Agenda November 19, 2019 – Page 186 of 301
a. Water right No. 63-34433 is held in the name of the Applicant and is
diverted from the Boise River and delivered by Settlers Irrigation District through the Settlers
Irrigation District's canal system. Settlers Irrigation District will continue to divert and deliver
said water to the Applicant in the same manner as it has historically delivered said water (except
for the delivery point change referenced below) and Applicant shall continue to be assessed and
treated as a landowner of Settlers Irrigation District. In other words, Applicant shall continue to
have all rights, responsibilities and obligations as any other assessed landowner of Settlers
Irrigation District regardless of the name in which Water Right No. 63-34433 is held; and
b. The lands identified in the place of use for Transfer No. 82916 may have
historically been delivered water from both the Harrell Lateral and the North Slough Lateral.
Applicant, Settlers Irrigation District and North Slough Lateral Water Users Association ("North
Slough") have agreed to a change in delivery point for those lands delivered from the North
Slough to the Harrell Lateral and thus all water delivered by Settlers Irrigation District to the
place of use for Transfer No. 82916 and to Applicant's pressurized irrigation pump station shall
be from the Harrell Lateral.
3. Protestant hereby withdraws its Protest filed in the above -captioned matter based
upon the conditions referenced above. The filing of this Stipulation to Resolve Protest and
Withdrawal of Protest shall serve as Protestant's withdrawal of its Protest.
DATED this ( C%-ky'day of �JQVe' hP_Y' , 2019.
CITY OF MERIDIAN
• _ Y
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 3
DATED this
- , day of 2019.
SAWTOOTH LAW OFFICES, PLLC
B
S. Bryce Farris
Attorneys for Protestants
Settlers Irrigation District
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST—Page 4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this � day of t � 2019, I
caused a true and correct copy of the foregoing STIPULATION TO RESOLVE PROTEST
AND WITHDRAWAL OF PROTEST to be served by the method indicated below, and
addressed to the following:
City of Meridian
33 E. Broadway Avenue
Meridian, ID 93642
S. Bryce Farris
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Suite 110
P.O. Box 7985
Boise, ID 83707-7985
T (208) 629-7447
F (208) 629-7559
E bryce@sawtoothlaw.com
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Email
(X) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( ) Email
r S. Bryce Farris
STIPULATION TO RESOLVE PROTEST AND WITHDRAWAL OF PROTEST — Page 5