Loading...
HomeMy WebLinkAboutWater Rights License with State of Idaho for Well No 16State of I~o ~ DEPARTMENT OF WATER RESOURCES ~ 1301 North Orchard Street, P.O. Box 83720, Boise, Idaho 83720-0098 Phone: (208)327-7900 FAX: (208)327-7866 www,idwr.state.id.us/idwr/idwrhome.htm DIRK KEMPTHORNE January 13, 1999 Governor KARL J. DREHER Director CITY OF MERIDIAN ~ ~~ \ 33 E IDAHO AVE MERIDIAN ID 83642 ~~'~E/[~~~.,~ RE: WATER RIGHT NO. 63-12039 ~~~ 1 ci 1~~"~ ~IC~Ahi Dear Water Right Holder (s) : :; a ~ ~~~~:. The Department of Water Resources (the Department) has issued the enclosed license confirming that a water right has been established in accordance with the permit referenced above. The license 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 unless a party petitions for reconsideration or files an exception and/or brief 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 twenty-one (21) 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. Otherwise, this preliminary order will become a final order of the Department. If any party appeals or takes exceptions to this opposing parties shall have twenty-one (21) days party's appeal. Written briefs in support of or to the preliminary order shall be filed with the Department retains the right to review the preli own motion. preliminary order, to respond to any taking exceptions Department. The urinary order on its 1 • ORAL ARGUMENT • If the Department grants a petition to review the preliminary order, the Department 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 Department will within a reasonable time period notify each party of the place, date and hour -for the argument of the case. Unless the Department 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 Department in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with Rules of Procedure 302 and 303. FINAL ORDER The Department 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 Department 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. 2 The appeal must be led within twenty-eight (2S) 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. If you have any questions, please call me at 208-327-7946. Sincerely, Shelley W. Keen Water Ri is Supervisor SK:klt Enclosure V r CERTIFICATE OF MAILING I hereby certify that on the 13th day of January, 1999, I mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER (Approved License) to the person(s) listed below: Water Right No. 63-12039 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 Kari Lynn wnsen Secretary w 4. • . State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-12039 Priority: June 27, 1993 Maximum Diversion Rate: 3.00 CFS This is to certify, that CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 has comp of the permit, issued pursuant to Application for has submitted Proof of Beneficial Use on July 19, that the works have a diversion capacity of 3.090 source, and a water right has been established as BENEFICIAL USE MUNICIPAL LOCATION OF POINT(S) OF DIVERSION: PERIOD OF USE Lied with the terms and conditions Permit dated June 17, 1993; and 1996. An examination indicates cfs of water from a GROUNDWATER follows: RATE OF DIVERSION ANNUAL VOLUME O1/O1 to 12/31 PLACE OF USE: See Remarks 3.00 CFS NWNE , Sec. 8, Township 03N, Range OlE ADA County CONDITIONS OF APPROVAL AND REMARRS 1. Irrigation of large projects. such as parks, golf courses, or sports activities fields is not authorized under this right. 2. The daily diversion volume for domestic uses under this municipal right shall not exceed 13,000':gallons per dwelling in accordance with Section 42-111, Idaho Code. 3. Place of use is within the_city imits of Meridian.? This license is issued pursuant.to the provisions of Section 42-219, Idaho Code. The water right confirmed by'this license is subject to all-prior water rights and shall be administered in accordance with Idaho law .and applic ble rules of the Department of Water Resources. Signed and sealed this ~2 ay of _ se ~ 19~ 1 ", _ '~ _y - Actingfor ~~ J. DRE Director,~_ ~ ' =~- L~ r ~ ~ State of I~ho DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, P.O. Box 83720, Boise, Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 www.idwr.state.id.us/idwr/idwrhome.htm January 13, 1999 CITY OF MERIDIAN ~ ~~ 33 E IDAHO AVE MERIDIAN ID 83642 RE: WATER RIGHT NO. 63-12295 Dear Water Right Holder(s): DIRK KEMPTHORNE Governor KARL J. DREHER Director ~1 A N ~ 9 ~°.~ ~-- Iu~It.~ri~m~E~.. The Department of Water Resources (the Department) has issued the enclosed license confirming that a water right has been established in accordance with the permit referenced above. The license 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 unless a party petitions for reconsideration or files an exception and/or brief 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 twenty-one (21) 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. Otherwise, this preliminary order will become a final order of the Department. If any party appeals or takes exceptions to this opposing parties shall have twenty-one (21) days party's appeal. Written briefs in support of or to the preliminary order shall be filed with the Department retains the right to review the preli own motion. preliminary order, to respond to any taking exceptions Department. The urinary order on its 1 ORAL ARGUMENT If the Department grants a petition to review the preliminary order, the Department 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 Department will within a reasonable time period notify each party of the place, date and hour for the argument of the case. Unless the Department 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 Department in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with Rules of Procedure 302 and 303. FINAL ORDER The Department 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 Department 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. 2 .. ~. The appeal must be filed within twenty-eight (2~) 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. If you have any questions, please call me at 208-327-7946. Sincerely, U11~~ Shelley Keen Water R ghts Supervisor SK:klt Enclosure 3 • • CERTIFICATE OF MAILING I hereby certify that on the 13th day of January, 1999, I mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER (Approved License) to the person(s) listed below: Water Right No. 63-12295 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 Kari Lyn. Townsen Secretary ~. State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-12295 Priority: November 9, 1995 Maximum Diversion Rate: 4.50 CFS This is to certify, that CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ZD 83642 has comp of the permit, issued pursuant to Application for has submitted Proof of Beneficial Use on November that the works have a diversion capacity of 5.350 source, and a water right has been established as BENEFICIAL USE MUNICIPAL LOCATION OF POINT(S) OF DIVERSION: PERIOD OF USE Lied with the terms and conditions Permit dated November 9, 1995; and 17, 1997. An examination indicates cfs of water from a GROUNDWATER follows: RATE OF DIVERSION ANNUAL VOLUME 01/O1 to 12/31 PLACE OF USE: See Remarks 4.50 CFS NWSW Sec. 20, Township 03N, Range OlE ADA County CONDITIONS OF APPROVAL AND REMARRS 1. After specific notificat-ion 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. 2. Irrigation of large projects such as .parks,, golf courses, or sports activities fields is not-authorized under this right. 3. The daily diversion 'volume for .non-domestic uses under this municipal right shall not exceed 2,500 gallons per use and the daily diversion volume for domestic uses under this right shall not exceed 13,00.0 gallons per dwelling in accordance with Section 42-111, Idaho Code. 4. Place of use is located within the city limits of Meridian. 5. Point of diversion is located in Lot 1, B1k. 2, Los Alamitos Park Subdivision and is identified as Well#17. This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right confirmed by this license is subject to all prior water rights and shall be administered in accordance with Idaho law and applicable rules of the Department of Water Resources. Signed and sealed this /~ Today of ~,v~ ~ ~ J- ~----- Actingfor ~' ~ ~' DRF.HEI Z Director ~ ~' - / ~~~ ~