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HomeMy WebLinkAboutWater Rights Agreement with State of Idaho for City Well No 12 and 15State of Idaho ~ DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, P.O. Box 83720, Boise, Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 May 2 8 , 19 9 8 PHILIP E. BAIT GOVERNOR KARLJ.DREHER CITY OF MERIDIAN DIRECTOR 33 E IDAHO AVE MERIDIAN ID 83642 ~E~i~l~~~=`' RE: WATER RIGHTS 63-12162/63-12173 ~~~ ~' ~ ~g~~ NMB~11V Dear Water Right Holders : ~!~'`t' ~~~=° The Department of Water Resources (the Department) has issued the enclosed licenses confirming that Ovater rights have been established in accordance with the permits referenced above. The licenses are Preliminary Orders issued by the Department pursuant to section 67-5243, Idaho Code. They can and will become final orders 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 preliminary order, opposing parties shall have twenty-one (21) days to respond to any party's appeal. Written briefs in support of or taking exceptions to the preliminary order shall be filed with the Department. The Department retains the right to review the preliminary order on its own motion. 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. 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. For your records I have also enclosed a copy of your Application for Amendment of Permit 77-07207A, which was approved. If you have questions, please contact me at (208) 327-7946. Sincerely, W Q~~ Shelley Keen Water Rights Supervisor SWK:klt Enclosures CERTIFICATE OF MAILING I hereby certify that on the 27th day of May, 1998, I mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDERS (Approved Licenses) to the person(s) listed below: Water Rights 63-12162/63-12173 CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 ~~~ Kari Lyn Townsend Secretary State of Idaho Department of Water Resources Water Right License ~»-~o~~~~ - ~.3~ ~~~ 63-l2~bZ = 2,00 WATER RIGHT NO. 63-12162 '--- 3,34cfs Priority: December 22, 1994 Maximum Diversion Rate: 2.00 CFS This is to certify, that CITY OF MERIDIAN ~ ~ /~; -.-:-. 33 E IDAHO AVE MERIDIAN ID 83642 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated December 22, 1994; and has submitted Prpof of Beneficial Use on February 18, 1997. An examination indicates that the works have a diversion capacity of 3.790 cfs of water from a GROUNDWATER source, a~'id a watez'~'ight has been established as follows: BENEFYCYAL USE'-~ - PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME ~, _ _, MUNIC3PAL ~ ;~ Ol/O1 to 12/31 LOCATION OF PaINT(S) OF DIVERSION: PLACE OF USE: See Remarks 2.00 CFS SWSW Sec. 2, Township 03N, Range O1W ADA County RECEI VE1) .~ U N 0 1 198 CONDITIONS OF APPROVAL AND REMARKS ~llAN ~riTY ENGt~iEEF 1. This water right is appurtenant to the described place of use. 2. This right is subject to all prior water rights and may be forfeited by five years of'non-use. 3. Modifications to or variance from this license shal'1 be made within the limits of Section 42-.222, Idaho Code, or .the applicable Idaho law. 4. 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. 5. The daily diversion volume f'or 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 13,000 gallons per dwelling in accordance with Section 42-111, Idaho Code. 6. Irrigation of large projects such as parks, golf courses, or sports activities fields is not authorized under this right. 7. The irrigation occurring under this municipal use shall not exceed 1/2 acre within each platted subdivision lot upon which a home has been constructed. This right does not provide for irrigation of common areas or for irrigation of lots upon which homes have not been constructed. 8. Place of use is located within the city limits of Meridian and the surrounding service area. 9. Point of diversion is locally known as Municipal Well No. 12. r/~/~ z~i z~1~t PAGE 2 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-12162 CONDITIONS OF APPROVAL AND REMARKS 10. Right 63-10840 is also diverted through the point of diversion described above. This license is issued pursuant to the provisions of Section 42-219, Idaho Co~. Witness the seal a~nd> signature of the Director, affixed at Boise, this ~ ~--- day of /?/J,~J `~ 19~. Acting (X KARL J. DREHER, rector `~ )~` ~/ State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-12173 ~.Oc~S- 9~Zp~~7-. Priority: February 14__199.5 Maximum Diversion Rate: 1.46 CFS ~-~~G/q~ This is to certify, that CITY OF MERIDIAN 33 E IDAHO AVE MERIDIAN ID 83642 has complied with the of the permit, issued pursuant to Application for Permit dated has submitted Proof of Beneficial Use on April 19, 1995. An e: that the works have a diversion capacity of 4.900 cfs of water source, and a water right has been established as follows: BENEFICIAL US' PERIOD OF USE "~'~~~ ~ terms and conditions February 14, 1995; and Kamination indicates from a GROUNDWATER RATE OF DIVERSION MUNICIPAL, y ~ i 01/O1 to 12/31 1.46 CFS ANNUAL VOLUME ~. '~ LOCATIOIdsOF POYNl'(S1...OF DIVERSION: NENE , Sec. 11, Township 03N, Range O1W ADA County -., .r PLACE Off' -US~~-Se~`~Kemarks .._ .~ U N 0 ~ 19 CONDITIONS OF APPROVAL AND REMARKS MEFiIUTA[v CITY ENGN~fEEf~ 1. This water right is appurtenant to the described place of use. 2. This right is subject to 'all prior water rights and may be forfeited by five years of non-use. 3. Modifications to or variance from this license shall be made within the limits of Section 42-222, Idaho Code, or the applicable Idaho law. 4. 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. 5. 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 ,f or domestic uses under this right shall not exceed 13,000 gallons per dwelling in accordance with Section 42-111, Idaho Code. 6. Irrigation of large projects such as parks, golf courses, or sports activities fields is not authorized under this right. 7. Place of use is located within the city limits of Meridian and surrounding service area. 8. Point of diversion is locally known as Municipal Well No. 15. 9. Right 63-11922 is also diverted through the point of diversion described above. ~u .~ 1x92 - .~.0 cis ^_~__.1-----._ PAGE 2 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 63-12173 CONDITIONS OF APPROVAL AND REMARKS 10. The irrigation occurring under this municipal use shall not exceed 1/2 acre within each platted subdivision lot upon which a home has been constructed. This right does not provide for irrigation of common areas or for irrigation of lots upon which homes have not been constructed. This license is issued pursuant to the provisions of Section 42-219, Idaho Code` Witness the seal and signature of the Director affixed at Boise, this ~_~ day of -T~~ 19~. ACt gfOr KARL J. DRExER ire^tor-- ~ ~, _.