Stipulation to resolve protest Permit No. 63-34883 Water Right No. 63-34883 Boise Office David P. Claiborne
Golden Eagle Building
AAA
lioi W. River St., Ste. i10 S. Bryce Farris
P.O . Box 7985
Boise, Idaho 83707 — Patxi Larrocea-Phillips
Tel. (208) 629-7447 Evan T. Roth
Challis Office
1301 E. Main Ave. Daniel V. Steenson
P .O . Box 36 SAWTOOTH LA�V
Challis, Idaho 83226 Matthew A. Sturzen
Tel . (208) 879-4488
Fax (208) 879-4248 OFFICES , P L LC Katie L. Vandenberg
Twin Falls Office Andrew J. Waldera **
236 River Vista Place
Suite 301 James R. Bennetts (retired)
Twin Falls, Idaho 83301
Tel. (208) 969-9585 Attorneys licensed in Idaho
Monday, August 03 , 2020 ' Also licensed in Washington
" Also licensed in Oregon
Fax (all offices)
(208) 629-7559 RE C E I V E
Idaho Department of Water Resources AUG 0 5 2020
CITYOF CIf
Western Region Office CITY CLERKS OFFICE
2735 Airport Way
Boise, ID 83705 - 5082
f Re : Application for Permit No . 63 - 34883 — City of Meridian
Dear Western Region Office :
Please find enclosed the Stipulation to Resolve Protest in the matter of Application for Permit
No . 63 - 34883 . Please return a date stamped copy of the stipulation in the return envelope
provided .
Please contact this office if you have any questions .
Very ruly yours ,
y Lo ? a
Assistant to S . Bryce Farris
SBF/dll
Enclosures
cc : City of Meridian
SFP Water Engineering, LLC
www . sawtoothlaw . com
S . BRYCE FARRIS (ISB # 5636)
SAWTOOTH LAW OFFICES , PLLC
1101 W. River Street, Ste . 110
P . O . Box 7985
Boise, Idaho 83707
T (208) 629-7447
F (208) 629 -7559
E 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 -34883 IN THE NAME OF STIPULATION TO RESOLVE PROTEST
THE CITY OF MERIDIAN
COMES NOW, Applicant City of Meridian (hereinafter "Applicant"), and the Protestant
I
Nampa & Meridian Irrigation District (hereinafter "Protestant"), and hereby submit this
Stipulation to Resolve Protest in the above-captioned matter.
II
Applicant and Protestant hereby stipulate and agree as follows :
1 . Applicant and Protestant agree that the permit for Water Right No . 63 -34883 may
be granted contingent upon the following conditions be included in Applicants final Permit to
Appropriate Water for Water Right No . 63 -34883 :
a. The primary surface irrigation water for the place of use authorized under
this right is surface water delivered by Nampa & Meridian Irrigation District. The right holder
shall make full beneficial use of said primary surface water rights available to the right holder for
irrigation of lands within the authorized place of use for this right. The right holder may divert
water under any groundwater rights to irrigate land with appurtenant primary surface water rights
STIPULATION TO RESOLVE PROTEST - Page 1
Meridian City Council Meeting Agenda July 28, 2020 — Page 81 of 175
i
when the primary surface water supply is not reasonably sufficient to irrigate the place of use or is
not available due to drought, curtailment by priority, or the seasonal startup and shutoff or
maintenance schedule for the irrigation delivery entity . The right holder shall not divert water for
irrigation purposes under any groundwater rights if use of the primary surface water rights is
intentionally discontinued or reduced (for example abandoned, forfeited, sold, disallowed by court
decree, or leased to the Water Supply Bank) or is not deliverable due to non-payment of annual
assessments, without an approved transfer pursuant to Idaho Code § 42-222 or other Department
approval; and
b . This right when combined with all other rights shall provide no more than
0 . 02 cfs per acre nor more than 4 . 5 afa per acre at the field headgate for irrigation of the place of
use .
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 -34883 . This filing of this Stipulation to Resolve
Protest shall serve as Protestant' s withdrawal of its Protest.
DATED this 28th day of July, 2020 .
By :
Mayor o ert . Si ' son
City of Meridia
STIPULATION TO RESOLVE PROTEST - Page 2
Meridian City Council Meeting Agenda July 28 , 2020 — Page 82 of 176
DATED this day of 7t4y, 2020 .
SAWTOOTH LAW OFFICES , PLLC
By :
S . Bryce Farris
Attorneys for Protestant, Nampa &
Meridian Irrigation District
CERTIFICATE OF SERVICE
,�'l ttics k
2
I HEREBY CERTIFY that on this 3 day oftty, 2020, 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 ( Kj U. S . Mail, Postage Prepaid
Parks & Recreation Department ( ) Hand Delivered
33 E . Broadway, Suite 206 ( ) Overnight Mail
Meridian, ID 83642 ( ) Facsimile
T (208) 888-3579 ( ) Email
E mbarton@meridiancity . org
SPF Water Engineering, LLC ( K) U. S . Mail, Postage Prepaid
Attn: Lori Graves ( ) Hand Delivered
300 E . Mallard Drive, Suite 350 ( ) Overnight Mail
Boise, ID 83706 ( ) Facsimile
T (208) 3834140 ( ) Email
E lgraves@spfwater . com
S . Bryce Farris
STIPULATION TO RESOLVE PROTEST - Page 3
Meridian City Council Meeting Agenda July 28 , 2020 — Page 83 of 175
when the primary surface water supply is not reasonably sufficient to irrigate the place of use or is
not available due to drought, curtailment by priority, or the seasonal startup and shutoff or
maintenance schedule for the irrigation delivery entity. The right holder shall not divert water for
irrigation purposes under any groundwater rights if use of the primary surface water rights is
intentionally discontinued or reduced (for example abandoned, forfeited, sold, disallowed by court
decree, or leased to the Water Supply Bank) or is not deliverable due to non-payment of annual
assessments, without an approved transfer pursuant to Idaho Code § 42-222 or other Department
approval ; and
b . This right when combined with all other rights shall provide no more than
0 . 02 cfs per acre nor more than 4 . 5 afa per acre at the field headgate for irrigation of the place of
use .
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 -34883 . This filing of this Stipulation to Resolve
Protest shall serve as Protestant' s withdrawal of its Protest.
DATED this 28th day of July, 2020 .
1 By
Mayor Robert E . Si ' son
City of Meridia
I
I
STIPULATION TO RESOLVE PROTEST - Page 2
Meridian City Council Meeting Agenda July 28, 2020 — Page 82 of 175
RECEIVE ®
AUG 0 5 2020
M sou
S. BRYCE FARRIS (ISB # 5636)
SAWTOOTH LAW OFFICES, PLLC
1101 W. River Street, Ste. 110
P.O. Box 7985
Boise, Idaho 83707
T(208) 629-7447
F (208) 629-7559
E 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. 63-34883 IN THE NAME OF STIPULATION TO RESOLVE PROTEST
THE CITY OF MERIDIAN
d
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:
I. Applicant and Protestant agree that the permit for Water Right No. 63-34883 may
be granted contingent upon the following conditions be included in Applicant's final Permit to
Appropriate Water for Water Right No. 63-34883:
a. The primary surface irrigation water for the place of use authorized under
this right is surface water delivered by Nampa & Meridian Irrigation District. The right holder
shall make full beneficial use of said primary surface water rights available to the right holder for
irrigation of lands within the authorized place of use for this right. The right holder may divert
water under any groundwater rights to irrigate land with appurtenant primary surface water rights
STIPULATION TO RESOLVE PROTEST-Page 1
Meridian City Council Meeting Agenda July 28,2020— Page 81 of 175
when the primary surface water supply is not reasonably sufficient to irrigate the place of use or is
not available due to drought, curtailment by priority, or the seasonal startup and shutoff or
maintenance schedule for the irrigation delivery entity. The right holder shall not divert water for
irrigation purposes under any groundwater rights if use of the primary surface water rights is
intentionally discontinued or reduced (for example abandoned,forfeited, sold, disallowed by court
decree, or leased to the Water Supply Bank) or is not deliverable due to non-payment of annual
assessments, without an approved transfer,pursuant to Idaho Code § 42-222 or other Department
approval; and
b. This right when combined with all other rights shall provide no more than
0.02 cfs per acre nor more than 4.5 afa per acre afthe field headgate for irrigation of the place of
use.
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 Wafer for Water Right No. 63-34883. This filing of this Stipulation to Resolve
Protest shall serve as Protestant"s withdrawal of its Protest.
DATED this 28th day of July, 2020.
By:
Mayor Ro ert t. Si 'son
City of Meridian
STIPULATION TO RESOLVE PROTEST-Page 2
Meridian City Council Meeting Agenda July 28,2020— Page 82 of 175
e
DATED this day of day, 2020.
SAWTOOTH LAW OFFICES, PLLC
By:
S. Bryce Farris
Attorneys for Protestant,Nampa&
Meridian Irrigation District
CERTIFICATE OF SERVICE
�r 2r�
•I HEREBY CERTIFY that on this � day ofr,2020, 1 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 (K) U.S. Mail, Postage Prepaid
Parks &Recreation Department ( ) Hand Delivered
33 E. Broadway, Suite 206 ( ) Overnight Mail
Meridian, ID 83642 ( ) Facsimile
T(208) 888-3579 ( )Email
E mbarton@meridiancity.org
SPF Water Engineering, LLC (K)U.S. Mail, Postage Prepaid
Attn: Lori Graves ( )Hand Delivered
300 E. Mallard Drive, Suite 350 ( ) Overnight Mail
Boise, ID 83706 ( ) Facsimile
T (208) 383-4140 ( ) Email
E lgraves@spfwater.com
S. Bryce Farris
STIPULATION TO RESOLVE PROTEST -Page 3
Meridian City Council Meeting Agenda July 28,2020— Page 83 of 176