Permit ApprovalState ®f Idaho
DEPARTMENT OF WATER RESOURCES
Western Region, 2735 Airport Way • Boise, Idaho 83705-5082
Phone: (208) 334-2190 • rax: (208) 334-2348 ^ Web Site: www.idwr.idaho.gov
June 11, 2010
CITY OF MERIDIAN
33 E IDAHO ST
MERIDIAN ID 83642
RE: Permit No. 63-33320
Amended
Dear Permit Holder:
Permit Approval Notice
C. L. "BUTCH" OTTER
Governor
GARY SPACKMAN
Interim Director
Amended
The Department of Water Resources has issued the enclosed amended 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 and the enclosed Petition for Reconsideration in
the matter of Condition # 10 on your original 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 208-334-21 g0.
Sincerely,
'�4��
9
arra
Western Regional Manager
Enclosure(s)
cc: SPF WATER ENGINEERING LLC
CERTIFICATE OF SERVICE
I hereby certify that on June 14, 2010 1 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. 63-33320
CITY OF MERIDIAN
33 E IDAHO ST
MERIDIAN ID 83642
SPF WATER ENGINEERING LLC
C/O LORI GRAVES
300 E MALLARD DR STE 350
BOISE ID 83706
Jean Hensley
Office Specialist II
State of Idaho
Department of Water Resources
Amended Permit to Appropriate Water Amended
NO. 63-33320
Priority: December 30, 2009 Maximum Diversion Rate: 0.76 CFS
This is to certify, that CITY OF MERIDIAN
33 E IDAHO ST
MERIDIAN ID 83642
has applied for a permit to appropriate water from:
Source: GROUNDWATER
and a permit is APPROVED for development of water as follows:
BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION
IRRIGATION 03101 to 11115 0.76 CFS
LOCATION OF POINTS OF DIVERSION:
GROUND WATER L3 (NE114NW114)
GROUND WATER L2 (NW 114NE114)
PLACE OF USE: IRRIGATION
Sec. 5, Twp 02N, Rge 01 E, B.M., ADA County
Sec. 5, Twp 02N, Rge 01 E, B.M., ADA County
Twp Rge Sec I NE I NW I sW I S£
02N 01F= g i NE j Nw j sw j SE ! NE j NW ,I Sw j SE j ME I NW j SW j SE j NEI NW j SW j sE j Totals
I II L 0 40.01 1 1 77.0
I I
Total Acres: 77
CONDITIONS OF APPROVAL
1. Proof of application of water to beneficial use shall be submitted on or before June 01, 2015.
2. Subject to all prior water rights.
3. This right does not grant any right-of-way or easement across the land of another.
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 use power records to determine the
amount of water diverted and shall annually report the information to the Department.
5. Project construction shall commence within one year from the date of permit issuance and shall
proceed diligently to completion unless it can be shown to the satisfaction of the Director of the
Department of Water Resources that delays were due to circumstances over which the permit
holder had no control.
Page 2 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 63.33320
6. The right holder shall make full beneficial use of all surface water rights available to the right holder
for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the
diversion of ground water under this right to those times when the surface water supply is not
available or the surface water supply is not reasonably sufficient to irrigate the place of use
authorized under this right.
7. If the surface water right(s) appurtenant to the place of use is abandoned, forfeited, sold,
transferred, leased or used on any other place of use, this right to divert ground water shall not be
used without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the
Department if a transfer is not required.
8. This right when combined with all other rights shall provide no more than 4.5 afa per acre at the field
headgate for irrigation of the lands above.
9. This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor
exceed a combined annual maximum diversion volume of 346.5 of at the field headgate for the
lands above.
10. Right Nos. 63-33320 and 63-33318 are limited to the irrigation of a combined total of 77 acres in a
single irrigation season.
11. Right 63-33318 is also diverted through the point(s) of diversion, Lot 2 NWNE, described above.
12. 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 provisions of Section 42-204, Idaho Code. Witness the signature of
the Director, affixed at Boise, this ---kL_ day of e 20 /0
.e —
JO ESTRA, Western Regional Manages
BEFORE TIIE DEPARTMENT OF WATER RESOURCES
OF THE
STATE OF IDAIIO
IN THE MATTER OF PERMIT TO )
APPROPRIATE WATER NO. 63-33320 )
IN THE NAME OF CITY OF MERIDIAN)
GRANTING OF PETITION FOR
RECONSIDERATION
This matter having come before the Department of Water Resources (Department) as a petition to
reconsider the issuance of a permit to appropriate water, the Department makes the following
Findings of Fact, Conclusions of Law, and Order:
FINDINGS OF FACT
1. On June 2, 2010, the Department issued Permit to Appropriate Water No.63-33320 (permit) to
the City of Meridian (right holder) for the diversion and use of 0.76 cfs of ground water for
irrigation beneficial use.
2. The permit was issued as a preliminary order (order) of the Department pursuant to §67-5243,
Idaho Code, and Rule 730 of the Department's Rules of Procedure (IDAPA 37.01.01.730).
3. Rule 730.02.a. of the Department's Rules of Procedure (IDAPA 37.01.01.730.02.a.) provides in
pertinent part as follows:
Any party may file a petition for reconsideration of this preliminary order with the
hearing officer issuing the order within fourteen (14) days of the service date of this
order. The hearing officer issuing this order will dispose of the petition for
reconsideration within twenty-one (21) days of its receipt, or the petition will be
considered denied by operation of law.
4. On June 09, 2010, the Department received a Petition for Reconsideration from the right holder
regarding the permit approval order. The petition asked IDWR to reconsider "Condition of
Approval #10 ". The condition states:
Right Nos. 63-33320 and 63-33318 are limited to the irrigation of a combined total of 75
acres in a single irrigation season.
Order Granting Petition for Reconsideration, Page 1
CONCLUSIONS OF LAW
1. The petition was filed timely pursuant to Department Rules
2. The Department has reviewed the petition. The requested change will clarify/correct the intent
of the condition. The change meets Department approval guides.
ORDER
IT IS HEREBY ORDERED that the petition for reconsideration of the preliminary order issuing
Permit to Appropriate Water No. 63-33320 is G12ANTED pursuant to §67-5243, Idaho Code.
Condition of Approval #10 on Permit to Appropriate Water No. 63-33320 shall be amended to
read:
Right Nos. 63-33320 and 63-33318 are limited to the irrigation of a combined total of 77
acres in a single irrigation season.
Dated this / I day of
Order Granting Petition for Reconsideration, Page 2
2010.
John Westra, Manager