HomeMy WebLinkAboutPermit to Appropirate Water with State of Idaho for Well #27State of Idaho
DEPARTMENT OF WATER RESOURCES
322 East Front Street, P.O. Box 83720, Boise, ID 83720-0098
Phone: (208) 287-4800 Fax: (208) 287-6700 Web Site: www.idwridaho.gov.
May 5, 2005
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642
RE: Permit No. 63-32083
Permit Approval Notice
Dear Permit Holder:
DIRK KEMPTHORNE
Governor
KARL J.DREHER
Director
The Department of Water Resources has issued the enclosed permit authorizing you
to establish a new water right. Please be sure to thoroughly review the conditions of
approval and remarks listed on your permit.
The permit is a PRELIMINARY ORDER issued by the Department pursuant to Section
67-5243, Idaho Code. It can and will become a final order without further action by the
Department unless a party petitions for reconsideration or files an exception and/or
brief within fourteen (14) days of the service date as described in the enclosed
information sheet.
As a permit owner you must commence the excavation or construction of the diverting
works within one year of the date the permit was issued, and, you must proceed
diligently until the project is completed. The date shown under condition no. 1 is the
date when the project must be completed.
The Department will send you a 'Proof Due Notice' approximately 60 days prior to the
above referenced date requesting you to file either a Proof of Beneficial Use form or a
Request for Extension of Time form.
The right to drill a well is not a part of this permit to appropriate water. Beginning in
July of 1987, a statute was enacted which requires a drilling permit for new well
construction and deepening of existing wells. If the well(s) proposed for use under this
water right permit were drilled or deepened after July 1, 1987, a separate drilling
permit must be obtained from this Department. Please contact the Ground Water
Protection Section located here at this office or our regional office nearest you.
Also, please note that water right owners are required to report any change of water
right ownership and/or mailing address to the Department within 120 days of the
change. Failure to report these changes could result in a $100 late filing fee. Contact
any office of the Department or visit the Department's homepage on the Internet to
obtain the proper forms and instructions.
If you have any questions, please contact me at 208-287-4947.
Sincerely,
W•
Shelley .Keen
Water Rights Supervisor
SWK:kIt
Enclosure(s)
cc: HYDRO LOGIC INC
CERTIFICATE OF SERVICE
I hereby certify that on May 5, 2005 I mailed a true and correct copy, postage
prepaid, of the foregoing PRELIMINARY ORDER(Approved Permit) to the person(s)
listed below:
RE: WATER RIGHT NO. 63-32083
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642
HYDRO LOGIC INC
C/O ED SQUIRES
1002 W FRANKLIN ST
BOISE ID 83702
ri Lynn Towr
Secretary
State of Idaho
Department of Water Resources
Permit to Appropriate Water
N0.63-32083
Priority: February 10, 2005 Maximum Diversion Rate: 4.90 CFS
This is to certify, that CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642
has applied for a permit to appropriate water from:
Source: GROUND WATER
and a permit is APPROVED for development of water as follows:
BENEFICIAL USE PERIOD,OF USE RATE OF DIVERSION
MUNICIPAL 01/01 to 12/31 4.90 CFS
LOCATION OF POINTS OF DIVERSION:
GROUND WATER SE%4SE%4 Sec. 10, Twp 03N, Rge 01 W, B.M., ADA County
GROUND WATER SE%4SE'/a Sec. 10, Twp 03N, Rge 01 W, B.M., ADA County
CONDITIONS OF APPROVAL
1. Proof of application of water to' beneficial use shall be submitted on or before May 01, 2010.
2. Subject to all prior water rights.
3. Project construction shall commence within one year from the date of permit issuance and shall
proceed diligently to completion unless itcan be shown to fhe satisfaction of the Director of the
Department of Water Resources that delays were d'ue'. to circumstances over which the permit
holder had no control
4. Right holder shall comply with the drilling permit .requirements of Section 42-235, Idaho Code and
applicable Well Construction Rules of-the Department.
5. Water bearing zone to be appropriated is from 150 to 900 feet.
6. Place of use is within the service area of the City `of Meridian municipal water supply system as
provided for under Idaho Law.
7. In connection with the proof of beneficial use submitted for this permit, the permit holder shall also
submit a report. showing the total annual volume, the maximum daily volume, and the maximum
instantaneous rate of flow diverted from the point of diversion authorized for this permit during the
development period. The report shall also show the maximum instantaneous rate of diversion,
either measured or reasonably estimated by a qualified professional engineer, geologist, or certified
water rights examiner, for the entire City of Meridian municipal water system. The report shall also
describe and explain how water diverted under this permit provides an additional increment of
beneficial use of water for the City of Meridian municipal water system as opposed to an alternative
point of diversion for prior water rights already held and used by the City of Meridian for its municipal
water system.
Page 2 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 63-32083
8. After specific notification by the Department, the right holder shall install a suitable measuring
device or shall enter into an agreement with the Department to determine the amount of water
diverted from power records and shall annually report the information to the Department.
9. 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. 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.
1 Q. The Director retains jurisdiction to require the right holder to provide purchased or leased natural
flow or stored water to offset depletion of Lower Snake River flows if needed for salmon migration
purposes. The amount of water required to be released into the Snake River or a tributary, if
needed for this purpose, will'be determined by the Director based upon the reduction in flow caused
by the use of water pursuant'to this permit.
This permit is issued pursuant to the pro~sions of Section 42-204, Idaho Code. Witness the signature of
the Director, affixed at Boise, this `y" -day of , 20~ .
~"~~ RL J DREHER, Director
EXPLANATORY INFORMATION
TO ACCOMPANY A
PRELIMINARY ORDER
(To be used in connection with actions when a hearing was not held)
(Required by Rule of Procedure 730.02)
The accompanying order or approved document is a "Preliminary Order" issued by the department
pursuant to section 67-5243, Idaho Code. It can and will become a final orderwithout further action
of the Department of Water Resources ("department") unless a party petitions for reconsideration,
files an exception and brief, or requests a hearing as further described below:
PETITION FOR RECONSIDERATION
Any party may file a petition for reconsideration of a preliminary order with the department within
fourteen (14) days of the service date of this order. The department will act on a petition for
reconsideration within twenty-one (21) days of its receipt, orthe petition will be considered denied by
operation of law. See Section 67-5243(3) Idaho Code.
EXCEPTIONS AND BRIEFS
Within fourteen (14) days after (a) the service date of a preliminary order, (b) the service date of a
denial of a petition for reconsideration from this preliminary order, or (c) the failure within twenty-one
(21) days to grant or deny a petition for reconsideration from this preliminary order, any party may in
writing support or take exceptions to any part of a preliminary order and may file briefs in support of
the party's position on any issue in the proceeding with the Director. Otherwise, this preliminary
order will become a final order of the agency.
REQUEST FOR HEARING
Unless a right to a hearing before the Department or the Water Resource Board is otherwise
provided by statute, any person aggrieved by any final decision, determination, order or action of the
Director of the Department and who has not previously been afforded an opportunity for a hearing
on the matter may request a hearing pursuant to section 42-1701A(3), Idaho Code. A written
petition contesting the action of the Director and requesting a hearing shall be filed within fifteen (15)
days after receipt of the denial or conditional approval.
ORAL ARGUMENT
If the Director grants a petition to review the preliminary order, the Director shall allow all parties an
opportunityto file briefs in support of or taking exceptions to the preliminary order and may schedule
oral argument in the matter before issuing a final order. If oral arguments are to be heard, the
Director will within a reasonable time period notify each party of the place, date and hour for the
argument of the case. Unless the Director orders otherwise, all oral arguments will be heard in
Boise, Idaho.
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CERTIFICATE OF SERVICE
All exceptions, briefs, requests for oral argument and any other matters filed with the Director in
connection with the preliminary order shall be served on all other parties to the proceedings in
accordance with IDAPA Rules 37.01.01302 and 37.01.01303 (Rules of Procedure 302 and 303).
FINAL ORDER
The Director will issue a final order within fifty-six (56) days of receipt of the written briefs, oral
argument or response to briefs, whichever is later, unless waived by the parties or for good cause
shown. The Director o d is nece sahe before issu ng a final lordera The department vwel serve al
development of the rec rY
copy of the final order on all parties of record.
Section 67-5246(5), Idaho Code, provides as follows:
Unless a different date is stated in a final order, the order is effective fourteen (14)
days after its issuance if a party has not filed a petition for reconsideration. If a party
has filed a petition for reconsideration with the agency head, the final order becomes
effective when:
(a) the petition for reconsideration is disposed ofi or
(b) the petition is deemed denied because the agency head
did not dispose of the petition within twenty-one (21) days.
APPEAL OF FINAL ORDER TO DISTRICT COURT
Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes final, any
party aggrieved by the final order or orders previously issued in this case may appeal the final order
and all previously issued orders in this case to district court by filing a petition in the district court of
the county in which:
i. A hearing was held,
ii. The final agency action was taken,
iii. The party seeking review of the order resides, or
iv. The real property or personal property that was the subject of the agency action is
located.
The appeal must be filed withintwenty-eight (28) days of this preliminary order becoming final. See
section 67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the
effectiveness or enforcement of the order under appeal.
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