Stipluation to resolve protestS. BRYCE FARRIS (ISB # 5636)
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Ste. 110
P.O. Box 7985
Boise, Idaho 83707
Telephone (208) 629-7447
Facsimile (208) 629-7559
Email: bryce@sawtoothlaw.com
Attorneys for Protestant
Nampa & Meridian Irrigation District
BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF IDAHO
APPLICATION FOR PERMIT
NO. 63-34034 IN THE NAME OF STIPULATION TO RESOLVE PROTEST
THE CITY OF MERIDIAN
COMES NOW, Applicant City of Meridian (hereinafter "Applicant"), and the Protestant
Nampa & Meridian Irrigation District (hereinafter "Protestant"), and hereby submit this
Stipulation to Resolve Protest in the above -captioned matter.
Applicant and Protestant hereby stipulate and agree as follows:
1. Applicant and Protestant agree that the permit for Water Right No. 63-34034 may
be granted contingent upon the following conditions be included in Applicant's final Permit to
Appropriate Water for Water Right No. 63-34034:
a. The primary surface irrigation water for the place of use authorized under
this right is delivered by Nampa & Meridian Irrigation District. 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
STIPULATION TO RESOLVE PROTEST - Page 1
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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.
b. 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.
C, The ground water diversion rate for this right shall not exceed 0.90 cfs.
Provided, further, this right when combined with all other rights shall
provide no more than one (1) inch, 0.02 cfs, per acre when averaged over a
twenty-four hour period based upon the amount of water applied over such
twenty-four hour period. However, should the lands authorized to be
irrigated under this right ever cease to be a school, park, cemetery or golf
course recognized by the Department as allowing more than one (1) inch
per acre, then this right when combined with all other rights shall provide
no more than one (1) inch, 0.02 cfs, per acre at the field headgate for
irrigation of the place of use.
d. Ninemile Creek was originally added as a tributary to application 63-34034
because the application requests use of a shallow well in close proximity to
Ninemile Creek (based on USGS quad maps). Given the additional
information that Ninemile Creek is piped in the area of the well and would
STIPULATION TO RESOLVE PROTEST - Page 2
not be impacted by the use of this right, Applicant and/or the Department
will remove Ninemile Creek as tributary on the application.
2. Protestant hereby withdraws its Protest filed in the above -captioned matter based
upon the inclusion of the conditions stated in this Stipulation in Applicant's final Permit to
Appropriate Water for Water Right No. 63-34034. This filing of this Stipulation to Resolve
Protest shall serve as Protestant's withdrawal of its Protest.
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DATED this 1 day of June, 2015.
I -"-
DATED this d y day of June, 2015.
SAWTOOTH LAW OFFICES, PLLC
By
A�i�
S. Bryce Farris
Attorneys for Protestant, Nampa &
Meridian Irrigation District
STIPULATION TO RESOLVE PROTEST - Page 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this day of June, 2015, I caused a true and
correct copy of the foregoing STIPULATION TO RESOLVE PROTEST to be served by the
method indicated below, and addressed to the following:
City of Meridian
33 E. Broadway, Suite 206
Meridian, ID 83642
SPF Water Engineering, LLC
c/o Lori Graves
300 E. Mallard Drive, Suite 350
Boise, ID 83706
Idaho Department of Water Resources
200 W. Front Street
Boise, Idaho 83702
(x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
(jc) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
( x) U.S. Mail, Postage Prepaid
( ) Hand Delivered
( ) Overnight Mail
( ) Facsimile
Bryce Farris
STIPULATION TO RESOLVE PROTEST - Page 4