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Home My WebLink AboutAmendment of Permit Approval Notice with State of Idaho for Well No 22State of Idaho ~ DEPARTMENT OF WATER RESOURCES ~ 1301 North Orchard Street, Boise, ID 83706 - P.O. Box 83720, Boise, ID 83720-0098 Phone: (208) 327-7900 Fax: (208) 327-7866 Web Site: www.idwr.state.id.us DIRK KEMPTHORNE Aprl 121, 2003 Governor KARL J. DREHER CITY OF MERIDIAN Director 33 E IDAHO AVE MERIDIAN ID 83642 RE: Permit No. 63-31138 Amendment of Permit Approval Notice Dear Permit Holder: The Department of Water Resources has issued the enclosed amendment of permit approving your application to amend the permit referenced above. Please be sure to thoroughly review every element including the conditions of approval listed on your permit. The amendment of 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. 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 208-327-7946. Sincerely, ~r Shelley Keen Water Rights Supervisor SWK:kIt Enclosure(s) cc: Hydro Logic, Inc. 1002 W. Franklin St Boise, ID 83702-5431 CERTIFICATE OF SERVICE I hereby certify that on April 21, 2003 I mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER(Approved Amendment of Permit) to the person(s) listed below: RE: WATER RIGHT PERMIT NO. 63-31138 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 HYDRO LOGIC INC 1002 W FRANKLIN ST BOISE ID 83702 Kari Lynn Townsend Secretary This is to certify, that CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 ,has applied for an amendment of a permit and the amendment is APPROVED for development of water as follows: Source: GROUND WATER BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION MUNICIPAL 01/Q1 to 12/31 5.OU CFS LOCATION OF POINTIS) OF DIVERSION: GROUND WATER SW'/SW'/.NE'/. Sec. 24, Twp 03N, Rge 01 W, B.M. ADA County GROUND WATER SW'%.SW'/.NE'/. Sec. 24, Twp 03N, Rge 01 W, B.M. ADA County GROUND WATER 8E'/.SE'/.NE'/ Sec. 24, 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 beforeApril 01, 2006.. 2. Subject to all-prior water rights. 4. Right holder shalt comply with the drilling permit requirements of Section 42-235, Idaho Code. 5. The Director retains jurisdiction to require the right holder to provide purchased or leased natural flow or storetl water to offset depletion of Lower Snake River flows if needed for salmon migration purposes. The amount of water required to tae 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 pwrsuant ta,this permit. 6. After specific notification; by the Department, the right holder shall install suitable measuring devices 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. 7. 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 surtace water rights are not available for use.- This condition applies to all land with appurtenant surtace water rights, inclutling land converted from irrigated agricultural use to other land uses but still requiring water to irrigate lawns and landscaping. 8: The well in the SENE, S24 will serve to supply the irrigation component under this municipal right and shall not be interconnected fo the othertwo municipal supply wells-identified in this right. 9. The water bearing zone fo be appropriated for one of the wells in the SWNE, 824 is from 500 to 700 feet; the water bearing zone to be appropriated for the second well in the SWNE S24 is from 185 to 300 feet. The water bearing zone to be appropriated for the single well in the SENE, S24 is from 100 to 160 feef: 10. Place of use is within the service area of the City of Meridian municipal water supply system as provided for under Idaho Law. This amendment of permit is issued pursuant to the provi ' of Section 4 -211, Idaho Code. Witness the signature of the Director, affixed at Boise, this _~~ ~ , 20 ` v - EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER 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 order without 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, or the 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 Idaho Water Resource Board (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 opportunity to 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. 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). Page 1 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 may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. The department will serve a 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 of; 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 within twenty-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. Page 2