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HomeMy WebLinkAboutPermit to Appropriate Water Approval Notice with State of Idaho for Well No 25State 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 April 29, 2003 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 RE: Permit No. 63-31630 Permit Approval Notice Dear Permit Holder: DIRK KEMPTHORNE Governor KARLJ.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 208-327-7946. Sincerely, ~/ ~ Shelley .Keen Water Rights Supervisor Enclosure(s) cc: HYDRO LOGIC INC State of Idaho Department of Water Resources Permit to Appropriate Water NO. 63-31630 Priority: January 21, 2003 Maximum Diversion Rate: 5.00 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 5.00 CFS LOCATION OF POINTIS) OF DIVERSION: GROUND WATER NE'/.NW'/.NE'/. Sec. 29, Twp 03N, Rge 01 E, B.M. ADA County GROUND WATER NE'/<NW'/.NE'/. Sec. 29, Twp 03N, Rge 01 E, B.M. ADA County CONDITIONS OF APPROVAL 1. Proof of application of water to beneficial use shall be submitted on or before May 1, 2008. 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 if can be shown to the satisfaction of the Director of the Department of Water Resources that delays wete due to circumstances over which 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. After specific notification by the Department, the rightholdershall 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. 6. 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. 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 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. Page 2 .State of Idaho Department of Water Resources Permit to Appropriate Water NO. 63-31630 8. Place of use is within the service area of the City of Meridian municipal water supply system as provided for under Idaho Law. 9. The right holder shall extend unperforated surface casing from land surface to a confining layer ,directly overlying the top of the aquifer open to the well. 10. The wells proposed as points of diversion for this right shall be constructed with a surface casing that shall not, under any discovered (during drilling) circumstances, be less than 200 feet in depth. 11. The wells proposed as points of diversion for this right shall be sealed by the emplacement of a continuous (full-depth) surface seal consisting of low-permeability grout or chip bentonite within the annular space between the open drilled hole and the surface casing. 12. Water bearing zone to be appropriated is 300 to 900 feet. This permit is issued pursuant to the provis~of Section 2-204, Idaho ode. Witness the signature of the Director, affixed at Boise, this _~ day of , , 20~ KARL 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 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 ctepai-Cmertt-will act on a petition or 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 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 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. Page 1 CERTIFICATE OF SERVICE All exceptions, briefs, requests for oral argument and any other matters filed with the Director in connection with the prelimile 37 01 01302 and 37 01.01303 (Rules of P ocedure 302 and 303) accordance with IDAPA Ru 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 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-pr-eliminary 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