Pioneer Irrigation District CommentsAugust 11, 2004
Machelle Hill
Page 1 of 3
From: Jacy Jones
Sent: Tuesday, April 27, 2010 1:28 PM
To: Machelle Hill
Subject: FW: SUBDIVISIONS(454-6633) REVISED 2010
~~~~
Jacy Jones
Deputy City Clerk
City of Meridian
lionesC~meridiancitu.or~
208-888-4433 e~• 1393
Think Green -please do not print this email unless necessary
From: Pioneer Irrigation [mailto:pioneerirrig@gwest.net]
Sent: Tuesday, April 27, 2010 11:59 AM
To: Jacy Jones
Cc: 'Tiffiny Hudak'
Subject: SUBDIVISIONS(454-6633) REVISED 2010
April 27, 2010
Meridian Planning & Zoning Commission
Email: jjones@meridiancity.org
RECETVED
APR 2 7 2010
CITY OFG4~C DoAN
CITY CLERKS OFFICE
Re: Case No. MDA 10-004 (Spurwing Greens, LLP) Development Agreements
TO WHOM IT MAY CONCERN:
All existing easements, right-of-ways, and other means used to honor the water rights to downstream waterusers
must be maintained and allowed to continue to exist. It is imperative that no one disrupt the delivery of water to a
downstream water user.
Any lateral, canal, drain or other means used to deliver water, along which there is a right-of-way or easement,
must have the same kept clear of all obstructions at all times. No fences, structures, or other materials are
allowed on any of the District's easements or right-of-ways AND they must be recorded on the final plat. The
Phyllis Canal has a 20 foot easement from the top of bank on each side of the canal. In areas where the
canal is higher than lower lying grounds, the easement will extend to the toe of the bank.
Storm water discharge will not be accepted into Pioneer Irrigtion District's facilities.
There are to be no pathways within Pioneer Irrigation District easements.
Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of
Reclamation. Pioneer Irrigation District does not assume any responsibility for such an approval. Her telephone
number is 383-2221.
4/27/2010
August 11, 2004 Page 2 of 3
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement
or Crossing Agreement between the District and the owner/developer of the property has been signed and
recorded. Please contact the District's Attorney, Scott L. Campbell, in writing if you need to obtain such an
agreement. His contact information is: Scott L. Campbell, Moffatt Thomas Barrett Rock & Fields, Chtd., 101 S.
Capitol Blvd., 10th Floor, Boise, Idaho 83702, phone: (208) 345-2000, fax: (208) 385-5384.
A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements must be reviewed by and approved by Mr. Campbell. The least expensive way to
have an agreement drawn up which meets the need of the District is by having Mr. Campbell himself draw it up.
Otherwise there will be two attorney fees for said developer and/or owner to pay. A deposit of $1000.00 must be
paid to Moffatt, Thomas to cover the attorney fees before the work can begin. Any unexpended portion of the
deposit will be refunded. Pioneer Irrigation District will recommend disapproval of the final plat approval, until the
agreement has been executed and recorded. If construction begins without the required agreement, Pioneer
Irrigation District will pursue judicial relief to stop the construction.
Plans must be received by Pioneer Irrigation District by December 15th, 2010. All construction which may
impact District facilities must be completed prior to the March 15th, 2011 deadline. The construction time-
frame which Pioneer Irrigation District allows is November 1st of the current year to March 15th of the
following year.
Ten percent (10%) of the PID project costs, as determined by Pioneer Irrigation District's engineer, shall be
deposited with Pioneer, in the form of a cashier's check, payable to Pioneer Irrigation District, at the time of
execution of the agreement by the Developer/Land Owner. Pioneer shall refund this deposit if the construction is
completed by March 15th, and in accordance with the terms of the agreement, otherwise the deposit shall be
forfeited to Pioneer Irrigation District.
If construction is not completed by March 15th in a manner which allows for adequate delivery of water, Pioneer
will intervene and perform whatever work is necessary to allow adequate delivery of water to patrons. This work
will be pertormed at the convenience and discretion of Pioneer Irrigation District. The Developer/Land Owner
shall pay the costs of this remedial work.
Any proposed development which will have downstream waterusers using gravity flow irrigation must develop
their irrigation system in a manner which will insure the downstream waterusers the ability to acquire at least as
much irrigation water for gravity flow irrigation as what they received prior to any development or construction
taking place. The gravity flow irrigation system must be totally separate from the proposed pressurized irrigation
system within a subdivision.
Please be advised, the developer shall submit detailed drawings of any proposed relocations of Pioneer Irrigation
District's facilities, prior to preliminary plat approval. Any said relocations are subject to approval from the
Superintendent and/or the Board of Directors of Pioneer Irrigation District
Any construction that impacts Waters of the United States may require obtaining a 404 permit from the Corp of
Engineers. Greg Martinez of the Corp of Engineers can be contacted at 345-2154.
Prior to finalization of any Agreements with Pioneer Irrigation District, Pioneer Irrigation District must receive a
copy of a 404 permit that has been properly executed. If it is determined by the Corp of Engineers that a 404
permit is not required, Pioneer Irrigation District must be notified in writing by the Corp of Engineers that said 404
permit is not required.
NOTE: This letter does not authorize any construction to commence until all the necessary agreements
with Pioneer Irrigation District have been executed and recorded.
If you have any questions or comments, please do not hesitate to call
Sincerely,
4/27/2010
August 11, 2004
~~~~
Mark Zirschky
Assistant Superintendent
cc: Tiffiny Hudak via email
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