HomeMy Public PortalAbout1999.12.08 Dept of Water Resources Snake River Basin 65State 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
December 8, 1999 DIRK KEMPTHORNE
GOVERNOR
KARL J. DREHER
DIRECTOR
65-10344
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
RE: Water Rights in Reporting Area 15, Basin 65
Snake River Basin Adjudication (SRBA)
Dear Water Right Claimant(s):
Please find enclosed the Idaho Department of Water Resources recommendations for
your water right(s) in part 1 of basin 65 (the North Fork of the Payette River
drainage area). We have also enclosed instructions for reviewing (1) your
recommended water right(s), and (2) other recommended right(s) in your area.
Water rights for nearly all domestic and/or stockwater rights were recommended
separately in an earlier report, and most of those now have been decreed by the
SRBA Court.
Note you have 120 days in which to review the water rights of other claimants
and to file any objection to our recommendations. Information on the other
water rights can be found at the county courthouses in Cascade, Idaho City,
Emmett, Payette, and Weiser, and at all of the Idaho Department of Water
Resources offices (see addresses in enclosure).
If the SRBA Court does not receive an objection to our recommendation from you
and no other party objects to your water right, your water right will be decreed
early next year as recommended. You will receive your decree from the SRBA
Court.
Completion of the SRBA is important for the future of water management in Idaho.
We invite you to contact our regional offices with any questions you have about
your water right(s) or this adjudication process.
Sincerely,
Karl J. Dreher
Director
Enclosures
AJ5855NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: December 8, 1999
261 INDIVIDUAL LISTING FROM DIRECTOR'S REPORT PAGE: 1
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
RIGHT NUMBER: 65-10344
NAME AND ADDRESS:
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
SOURCE: BIG PAYETTE LAKE
QUANTITY: 5.13 CFS
PRIORITY -DATE: 06/01/1918
POINT OF DIVERSION T18N R03E SO4 LOT 3 ( SWSE)
S08 LOT 2 ( SENW)
S09 LOT 2 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
TRIBUTARY: PAYETTE RIVER, NORTH FORK
Within VALLEY County
PURPOSE OF USE PERIOD OF USE QUANTITY
MUNICIPAL 01-01 12-31 5.13 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER MATTERS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT:
THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS
NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFFICIENT
ADMINISTRATION OF THE WATER RIGHTS AS MAY BE ULTIMATELY
DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE
ENTRY OF A FINAL UNIFIED DECREE, SECTION 42-1412(6) IDAHO CODE.
EXPLANATORY MATERIAL: BASIS OF CLAIM - DECREE
State 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
December 8, 1999
65-10345
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
RE: Water Rights in Reporting Area 15, Basin 65
Snake River Basin Adjudication (SRBA)
Dear Water Right Claimant(s):
DIRK KEMPTHORNE
GOVERNOR
KARLJ.DREHER
DIRECTOR
Please find enclosed the Idaho Department of Water Resources recommendations for
your water right(s) in part 1 of basin 65 (the North Fork of the Payette River
drainage area). We have also enclosed instructions for reviewing (1) your
recommended water right(s), and (2) other recommended right(s) in your area.
Water rights for nearly all domestic and/or stockwater rights were recommended
separately in an earlier report, and most of those now have been decreed by the
SRBA Court.
Note you have 120 days in which to review the water rights of other claimants
and to file any objection to our recommendations. Information on the other
water rights can be found at the county courthouses in Cascade, Idaho City,
Emmett, Payette, and Weiser, and at all of the Idaho Department of Water
Resources offices (see addresses in enclosure).
If the SRBA Court does not receive an objection to our recommendation from you
and no other party objects to your water right, your water right will be decreed
early next year as recommended. You will receive your decree from the SRBA
Court.
Completion of the SRBA is important for the future of water management in Idaho.
We invite you to contact our regional offices with any questions you have about
your water right(s) or this adjudication process.
Sincerely,
Karl J. Dreher
Director
Enclosures
AJ5855NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: December 8, 1999
263 INDIVIDUAL LISTING FROM DIRECTOR'S REPORT PAGE: 1
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
RIGHT NUMBER: 65-10345
NAME AND ADDRESS:
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
SOURCE: BIG PAYETTE LAKE
QUANTITY: 2.31 CFS
PRIORITY -DATE: 06/01/1968
POINT OF DIVERSION T18N R03E SO4 LOT 3 ( SWSE)
S08 LOT 2 ( SENW)
S09 LOT 2 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
PURPOSE OF USE
MUNICIPAL
TRIBUTARY: PAYETTE RIVER, NORTH FORK
Within VALLEY County
PERIOD OF USE QUANTITY
01-01 12-31 2.31 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CAiL AND
SURROUNDING SERVICE AREA.
OTHER MATTERS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT:
THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS
NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFFICIENT
ADMINISTRATION OF THE WATER RIGHTS AS MAY BE ULTIMATELY
DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE
ENTRY OF A FINAL UNIFIED DECREE, SECTION 42-1412(6) IDAHO CODE.
EXPLANATORY MATERIAL: BASIS OF CLAIM - DECREE
State 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
December 8, 1999
65-12607
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
RE: Water Rights in Reporting Area 15, Basin 65
Snake River Basin Adjudication (SRBA)
Dear Water Right Claimant(s):
DIRK KENIPTHORNE
GOVERNOR
KARLJ.DREHER
DIRECTOR
Please find enclosed the Idaho Department of Water Resources recommendations for
your water right(s) in part 1 of basin 65 (the North Fork of the Payette River
drainage area). We have also enclosed instructions for reviewing (1) your
recommended water right(s), and (2) other recommended right(s) in your area.
Water rights for nearly all domestic and/or stockwater rights were recommended
separately in an earlier report, and most of those now have been decreed by the
SRBA Court.
Note you have 120 days in which to review the water rights of other claimants
and to file any objection to our recommendations. Information on the other
water rights can be found at the county courthouses in Cascade, Idaho City,
Emmett, Payette, and Weiser, and at all of the Idaho Department of Water
Resources offices (see addresses in enclosure).
If the SRBA Court does not receive an objection to our recommendation from you
and no other party objects to your water right, your water right will be decreed
early next year as recommended. You will receive your decree from the SRBA
Court.
Completion of the SRBA is important for the future of water management in Idaho.
We invite you to contact our regional offices with any questions you have about
your water right(s) or this adjudication process.
Sincerely,
Karl J. Dreher
Director
Enclosures
AJ5855NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: December 8, 1999
265 INDIVIDUAL LISTING FROM DIRECTOR'S REPORT PAGE: 1
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
RIGHT NUMBER: 65-12607
NAME AND ADDRESS:
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
SOURCE: BIG PAYETTE LAKE
QUANTITY: 3.88 CFS
PRIORITY -DATE: 03/29/1983
POINT OF DIVERSION T18N R03E SO4 LOT 3 ( SWSE)
S08 LOT 2 ( SENW)
S09 LOT 2 ( NESW)
TRIBUTARY: PAYETTE RIVER, NORTH FORK
Within VALLEY County
PURPOSE AND
PERIOD OF USE: PURPOSE OF USE PERIOD OF USE QUANTITY
MUNICIPAL 01-01 12-31 3.88 CFS
PLACE OF USE:
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER MATTERS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT:
THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS
NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFFICIENT
ADMINISTRATION OF THE WATER RIGHTS AS MAY BE ULTIMATELY
DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE
ENTRY OF A FINAL UNIFIED DECREE, SECTION 42-1412(6) IDAHO CODE.
THE AVAILABILITY OF WATER FOR THIS RIGHT IS SUBJECT TO ALL
PRIOR WATER RIGHTS OF LAKE RESERVOIR COMPANY.
EXPLANATORY MATERIAL: BASIS OF CLAIM - LICENSE
NOTICE OF FILING
FEDERAL RESERVED RIGHTS CLAMS
IN BASIN 65 PART I
INTRODUCTION
The United States of America (USA) has filed with the Snake River Basin Adjudication
(SRBA) District Court claim 65-02331 to a federal reserved right in Basin 65 Part I.
Complete copies of the claim to a federal reserved right in Basin 65 Part I are available at
the SRBA courthouse in Twin Falls and the locations listed at the end of this notice. You may
review the claim to a federal reserved right at those locations. Copies of the claim can be made,
but you may be charged for copying and mailing.
INSTRUCTIONS FOR TAKING A CLAIM I TO COURT
What do I do if I disagree with a federal reserved water right claim?
If you disagree with any element of the claim to federal reserved water right in Basin 65
Part I and want to be heard in court, file an objection with the SRBA Court. Objections must be
made on the standard objection form available from any IDWR office or from the SRBA Court.
You may also download a copy of the objection form from the SRBA Web Site at
www. srba. state. id.us.
Your objection to the federal reserved water right in Basin 65 Part I must be received by
the SRBA Court on or before April 14, 2000.
What do I do if I want to participate in the court case on a claim to a federal reserved right?
If you want to be involved in the court case on the claim to a federal reserved right, you
must file either an objection or a response by the dates provided in this notice.
Your responses must be received by the SRBA Court on or before August 18, 2000.
What happens if there are no objections to the federal reserved water right claim?
There may be federal reserved water right claims reported at a later date in Part II and
Part III of the Director's Report for irrigation and other rights in IDWR Reporting Area 15, Basin
65. An evidentiary hearing on the uncontested federal reserved water right in Part I will be held in
conjunction with any uncontested federal reserved water rights in Parts II and III. The evidentiary
hearing for Parts I, II and III will be set at a later date. Partial decrees will be issued following
this hearing.
How will 1 know about the proceedings on claims to federal reserved water rights to which
objections were filed?
A notice will be mailed to you for court dates on those claims where you filed an objection
or a response. You will not receive notice of court dates on any other claims to federal reserved
rights.
Additional information regarding federal reserved water right claims can be
found on the SRBA Web Site at www.srba.state.id.us.
Note: The SRBA Court publishes a monthly Docket Sheet listing all objections and
responses filed. It does not list court dates for individual water right cases, but provides general
information helpful to all participants in the SRBA.
The Docket Sheet is available at your county courthouse and all IDWR offices, or you
may subscribe by contacting the SRBA Court or IDWR The annual subscription fee is $7.50.
The Docket Sheet is also available on the SRBA Web Site at www.srba.stateid.us.
ADDITIONAL INFORMATION
If you have questions about the SRBA, public information brochures are available at any
IDWR office. You may also want to consider contacting an attorney to assist you if you have
questions regarding water rights claimed under federal law.
LOCATION OF COPIES OF FEDERAL CLAIMS IN BASIN 65 FOR REVIEW
Snake River Basin Adjudication
District Court
253 Third Avenue North
P.O Box 2707
Twin Falls, Idaho 83303-2707
(208) 736-3011
Idaho Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705-5082
(208)334-2190
Idaho Department of Water Resources
Southern Region
1341 Fillmore, Suite 200
Twin Falls, Idaho 83301-3380
(208) 736-3033
Valley County Courthouse
219 North Main
Cascade, ID 83611
(208)382-4297
Gem County Courthouse
415 East Main Street
Emmett, ID 83617
(208) 365-4561
Idaho Department of Water Resources
1301 North Orchard
Box 83720
Boise, Idaho 83720-0098
(208) 327-7906
(800) 451-4129
Idaho Department of Water Resources
Northern Region
1910 Northwest Blvd., Suite 210
Coeur d'Alene, Idaho 83814-2615
(208) 769-1450
Idaho Department of Water Resources
Eastern Region
900 North Skyline, Suite A
Idaho Falls, Idaho 83402-1718
(208)525-7161
Boise County Courthouse
419 Main Street
Idaho City, ID 83631
(208) 392-4452
Payette County Courthouse
1130 3rd Avenue North
Payette, ID 83661
(208)642-6000
Washington County Courthouse
256 E. Court
Weiser, ID 83672
(208) 549-2092
Basin 65
T21N
Payette
Lake
Payette
8
cc
7,
: V / ri
-;,',1 %
4 4;'
1,./1,;7;- ' / / -,::":-/, v
;/,,..,/,/ / //Z;y»/
- -".';'
4 ‘,..`Vz z lk,/ 4..51,4
7 'Fp,/ -.7- / - / ..-
/4/ /7. '4'. 4;.' . ,iii :'-' 7 /
&/ . --, - /// ;t
IL ;. / //..• 41, "- :: ' ; .4f; /A :
' ;'. %. // //// ' V 47,"/
,..:1, '`-',''' ' ' / / P4 ,
4:4 / / / ./. :7/
' .‘:i Ail/A /..' /4.';::' e z / -
- 4.•• ,•••
County Boundaries
Basin 65-Part 1
Basin 65-Part II
Basin 65-Part III
C
8
T13N
/
W 4z
AN
16 Niles
C
TO9N
NOTICE OF DIRECTOR'S REPORT
IDWR REPORTING AREA 15, BASIN 65, PART I,
FOR IRRIGATION AND OTHER WATER RIGHTS
The Director of the Idaho Department of Water Resources (IDWR) has filed with the
Snake River Basin Adjudication (SRBA) District Court Part I of the Director's Report for
irrigation and other water rights in IDWR Reporting Area 15, Basin 65. A map of the area
covered by this Director's Report is attached to this Notice. This Director's Report contains the
Director's recommendation to the SRBA court as to how the claimed water rights in the area
depicted on this map should be decreed in the SRBA. You may need to review the Director's
Reports for Part II and Part III of Basin 65 as well, when they are issued. Claims in which you
have an interest, either in the other parts in the Payette Drainage area or claimed after this Report
for Part I, will be reported in Part II or Part III of Basin 65.
This Director's Report includes claims for irrigation and other uses, including some small
domestic and stock water uses. The Director's Report for most small domestic and stockwater
rights for IDWR Basin 65 was sent to the SRBA court and individual water users on April 6,
1998. Some small domestic and stockwater claims were withheld from or filed after the earlier
report. If a claim for small domestic and stockwater was not in last year's report, it is reported in
this Director's Report.
Included with this Notice is the Director's recommendation for irrigation and other water
rights you claimed in the SRBA. IDWR is providing individual reports like this one to the
claimants of irrigation and other water rights in your area. A complete copy of the Director's
Report, listing these irrigation and other rights claimed under state law and "dual based" claims by
the federal government, is available at the SRBA courthouse in Twin Falls and the locations listed
on the third page of this notice. Copies of the report can be made, but you may be charged for
copying and mailing.
INSTRUCTIONS FOR REVIEWING YOUR OWN WATER RIGHT
The description of your right which is enclosed is only the Director's recommendation to
the SRBA Court on your water right. The Court will decide how it will decree your water right.
You are free to agree or disagree with the Director's recommendation. If you agree with the
Director's recommendation you do not need to do anything, pending further notice as described
below. If you disagree with the Director's recommendation, you need to file an objection as
described below.
INSTRUCTIONS FOR REVIEWING "1'HE WATER RIGHTS OF OTHERS
The complete Director's Report contains recommendations to the SRBA Court on your
water right and all other irrigation and other rights in your area. The Court will decide how it will
decree all water rights. The Director's recommendations in the full report are listed in two
sections of the report:
1) List of Recommended Water Rights -- Water right
recommendations are listed alphabetically by source and then
chronologically by priority date within each source.
2) List of Claims Recommended to Be Disallowed -- Water
right claims recommended to be disallowed are listed numerically
by water right claim number. A short statement of the reason for
IDWR's recommendation for disallowance is provided.
Also included in the complete Director's Report are descriptions of the United States'
claims under federal law that have also been claimed under a state law basis. These are called
"dual based" claims. The Director does not investigate the federal portion of these claims and
makes no recommendation whether they should be granted or not.
If you want to review someone else's water right you need to look at the complete
Director's Report, which is available at the SRBA courthouse in Twin Falls and the locations
listed on the third page of this notice. Copies of the report can be made, but you may be charged
for copying and mailing.
IriTSTRUCTIONS FOR TAKING A WATER RIGHT CLAIM TO COURT
What do I do if I disagree with a recommendation?
If you disagree with any element of the recommendation for your water right or anyone
else's water right and want to be heard in court, file an objection with the SRBA Court.
Objections must be made on the standard objection form available from any IDWR office or from
the SRBA Court. You may also download a copy of the objection form from the SRBA Web Site
at www.srba.state.id.us.
Your objection must be received by the SRBA Court on or before April 14, 2000.
What do I do if someone else objects to my water right recommendation?
If someone files an objection to your water right, or anyone else's water right, you may
file a response to that objection. Responses to objections must be made on the standard response
form available from any IDWR office or from the SRBA Court.
Your response must be received by the SRBA Court on or before August 18, 2000.
What do I do if I want to participate in the court case on someone else's water right?
If you want to be involved in the court case on any water right in the Director's Report,
you must file either an objection or a response by the dates listed above.
What happens if there are no objections to a water right?
After the deadline for filing objections, IDWR will file a list of all water right
recommendations with no objections. The SRBA Court will hear the uncontested
recommendations on November 21, 2000, at 1:30 P.M. at the SRBA Courthouse. Partial
decrees will be issued following this hearing.
How will I know about the proceedings on water right recotnmendations to which objections
were filed?
A notice will be mailed to you for court dates on your water right or for those where you
filed an objection or a response. You will not receive notice of court dates on any other water
right recommendations.
Additional information regarding water right claims can be found on the SRBA Web Site
at www.srba.state.id.us.
Note: The SRBA Court publishes a monthly Docket Sheet listing all objections and responses
filed. It does not list court dates for individual water right cases, but provides general
information helpful to all participants in the SRBA.
The Docket Sheet is available at your county courthouse and all IDWR offices, or you may
subscribe by contacting the SRBA Court or IDWR The annual subscription fee is S7.50. The
Docket Sheet is also available on the SRBA Web Site at www.srba.state.id.us.
CHANGES OF ADDRESS OR OWNERSHIP
You must contact your regional IDWR office with your address change or if the
ownership of your water right changes. Failure to notify IDWR may result in the loss of your
water rights.
ADDITIONAL LVFORIVIATION
If you have questions about the SRBA, pub
IDWR office. Maps and aerial photography of this
the maps and the photography, are available at the
are also welcome to call IDWR at any of its offices
consider contacting an attorney to assist you.
Snake River Basin Adjudication
District Court
253 Third Avenue North
P.O Box 2707
Twin Falls, Idaho 83303-2707
(208) 736-3011
Idaho Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705-5082
(208) 334-2190
Idaho Department of Water Resources
Southern Region
1341 Fillmore, Suite 200
Twin Falls, Idaho 83301-3380
(208) 736-3033
lic information brochures are available at any
reporting area, as well as assistance in using
IDWR Western Region office in Boise. You
or the SRBA Court. You may also want to
Idaho Department of Water Resources
1301 North Orchard
Box 83720
Boise, Idaho 83720-0098
(208) 327-7906
(800) 451-4129
Idaho Department of Water Resources
Northern Region
1910 Northwest Blvd., Suite 210
Coeur d'Alene, ID 83814-2615
(208) 769-1450
Idaho Department of Water Resources
Eastern Region
900 North Skyline, Suite A
Idaho Falls, Idaho 83402-3653
(208)525-7161
Valley County Courthouse
219 North Main
Cascade, ID 83611
(208) 382-4297
Gem County Courthouse
415 East Main St.
Emmett, ID 83617
(208) 365-4561
Boise County Courthouse
419 Main St.
Idaho City, ID 83631
(208) 392-4452
Payette County Courthouse
1130 3`d Avenue North
Payette, ID 83661
(208) 642-6000
Washington County Courthouse
256 E. Court
Weiser, ID 83672
(208) 549-2092
DEFINITIONS OF THE ELEMENTS OF YOUR WATER RIGHT
RIGHT NUMBER: Your water right is identified by a number assigned by IDWIt. The first two digits identify
IDWR's administrative basin number; for example, 55 or 51.
NAME AND ADDRESS: Your name and address should appear here. IDWR will use the most recent name and
address in their records for the water right.
SOURCE: The name and/or type of the source where you divert your water. For example: "groundwater,"
"unnamed spring," "Common Creel:. "
QUANTrry: The amount of water recommended in either cubic feet per second (cfs) and/or the volume of water in
acre feet per year (AFY).
PRIORITY DATE: The date used to determine the priority of your right in relation to other rights using water from
the same source.
Powr OF DrvERSIOK: The legal location where you divert water from its source; generally described as 1/4 1/4
sections down to a 40-acre tract, or smaller. Other legal descriptions that might be used are: government lots,
block subdivision. parcel numbers, townsite names, mining claim information, homestead entry surveys and other
survey information.
PURPOSE OF USE: The general category of the type of use you can make of your water. Typical purposes of use
include irrigation, domestic, and stock watering.
PERIOD OF USE: The period of time during the year when you can use the water for your right.
PLACE OF USE: The legal location where you use your water right; generally described as 1/4 1/4 sections down to
a 40-acre tract. Other legal descriptions that might be used are: government lots, block, subdivision, parcel
numbers, townsite names, mining claim information, homestead entry surveys and other survey information.
BASIS OF CLAIM: The method that was used to establish your claim. Examples include prior decree. posted notice,
beneficial use (historical) method, license, permit.
DUAL, BASED CEArMs: In some cases, the federal government has claimed one right under two theories: a state
basis and a federal law basis. Both theories will be reported on one form for that single water right. In most cases,
the priority dates are different and will be listed separately. The federal lau: basis is separately indicated in a box
such as this:
*************************************
*
*
*
*
*************************************
.1D14R does not investigate or make recommendations regarding federal law based claims.
BASIN 65 GENERAL PROVISIONS
The Director of the Idaho Department of Water Resources (IDWR) recommends
to the Snake River Basin Adjudication (SRBA) District Court that the following general
provisions be included in the decree determining rights to water from Basin 65:
1) The practice of diverting water during the pre -irrigation and post -irrigation
season as well as diverting the so-called "high water" or, "flood water" in
addition to the quantified rights described in the recommended decree of
water rights (and future rights that may be established pursuant to statutory
procedures) are allowed provided:
a) The water so diverted is applied to beneficial use.
b) The existing quantified rights (including future appropriations of
water) are first satisfied.
2) The Sevenmile Slough is identified and treated for water delivery purposes as
part of the main stem of the Payette River.
3) For purposes of water distribution in the Payette River Drainage Basin,
surface water rights from the following sources, to the extent recommended
herein, are not considered junior to water rights from the Payette River, and
will be administered separately from all other water rights in Basin 65:
a) Big Willow Creek, tributary to Payette River, and tributaries,
b) Boulder Creek, tributary to Cascade Reservoir, and tributaries,
c) Campbell Creek, tributary to Cascade Reservoir, and tributaries,
d) Lake Fork Creek, tributary to Cascade Reservoir, and tributaries,
e) Little Willow Creek, tributary to Payette River, and tributaries,
f) Porter Creek, tributary to Payette River, and tributaries,
g) Richards Creek, tributary to South Fork Payette River, and tributaries,
h) Rock Creek (Richards Creek), tributary to Cascade Reservoir, and
tributaries,
i) Scriver Creek, tributary to Middle Fork Payette River, and tributaries,
j) Squaw Creek, tributary to Payette River and tributaries,
k) Warm Springs Creek, tributary to Middle Fork Payette River, and
tributaries,
1) Willow Creek, tributary to Cascade Reservoir, and tributaries.
SEE ATTACHMENT "A" FOR WATER RIGHT NUMBERS
1
4) The following water rights from the following sources of water in Basin 65
shall be administered separately from all other water rights in the Snake River
Basin:
SOURCE
None
WATER RIGHT NUMBER:
None
5) All water rights within Basin 65 are from connected sources of water in the
Snake River Basin and shall be administered conjunctively.
2
GIVENS PURSLEY LLP
LAW OFFICES
277 North 6th Street, Suite 200
PO Box 2720, Boise, Idaho 83701
TELEPHONE:208 388-1200
FACSIMILE: 208 388-1300
City Manager
City of McCall
P.O. Box 986
Boise, ID 83638-0986
Gary G. Allen Franklin G. Lee Angela K. Nelson
Christopher J. Beeson David R. Lombardi W. Hugh O'Riordan
Michael C. Creamer Kimberly D. Maloney Kenneth L. Pursley
Thomas E. Dvorak John M. Marshall Virginia L. Stukel
Roy Lewis Eiguren Kenneth R. McClure Conley Ward
Jacqueline M. Fearnside Kelly Greene McConnell Stephanie C. Westermeier
Jeffrey C. Fereday Cynthia A. Melillo Robert B. White
Richard W. Jankowski Christopher H. Meyer
Amanda L. Keating L. Edward Miller Raymond D. Givens
Karl T. Klein Patrick J. Miller James A. McClure
Debora K. Kristensen Judson B. Montgomery OF COUNSEL.
January 4, 2000
Matter: Municipal Water Rights
Our File: 4432-2/4432-3
Dear Sir/Madam:
This firm has represented the City of McCall in matters related to the City's municipal
water rights. This has included obtaining approval from the Idaho Department of Water
Resources ("Department") of changes in points of diversion and place of use for the City's
three Payette Lake water rights, and filing of claims to water rights in the pending Snake
River Basin Adjudication ("SRBA"), where we have entered our Notice of Appearance on
behalf of the City.
I am enclosing for your information correspondence recently received from the
Department concerning its recommendations to the SRBA court of the City's water rights.
The City also should have received this notice from the Department. If no objections are
filed to these recommendations by the City or any other party in the SRBA the court will
decree them as recommended. I have reviewed the Department's recommendations and
found that they accurately reflect the elements of the three City water rights as they were
established in the recent water right transfer proceeding. The court has allowed until
April 6, 2000 to file any objections to the Department's recommendations. However, I am
not aware of any reason why the City would need to object to the recommendations or take
any other action in the SRBA now.
City Manager
January 4, 2000
Page 2
You should review the Department's recommendations, and if you have any questions
concerning them, you should feel free to contact me at your convenience.
Sincerely,
Michael C. Creamer
MCC:dr
Enclosure
SACLIENTS\4432\3\CORR\MCC Ltr to City Re Municipal Water Rights.wpd
cc: David H. Bieter, Esq. (w/encl.)