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HomeMy Public PortalAbout1997.11.07 Application and Aproval for Transfer of Water RightsPdge 1 .of 13 STATE OF IDAHO . Transfer No. o� DEPARTMENT OF WATER RESOURCES APPLICATION FOR TRANSFERR PART 1 RECEIVED RIGHTMAR 0 7 1997 Department of Water Resources Name of applicant CITY OF McCALL Phone (208) 634-7142 Post Office Address P.O. BOX 2720, BOISE, IDAHO 83701 A. PURPOSE OF TRANSFER 1. ❑ Change point of diversion MAR 1 01997 WATER RESOURCES WESTERN REGION X Add diversion point(s) ❑ Change place of use ❑ Change nature of use ❑ Change period of use ❑ Other 2. Describe the reason for the proposed changes TO PROVIDE ALTERNATE POINTS OF DIVERSION FOR EXISTING WATER RIGHTS TO MAXIMIZE EFFICIENCIES AND MANAGEMENT OPTIONS IN THE DELIVERY OF WATER BY MUNICIPAL WATER PROVIDER FOR PRESENT AND IDENTIFIABLE ANTICIPATED FUTURE USES. B. DESCRIPTION OF RIGHT(S) OR PORTION THEREOF, AFTER THE REQUESTED CHANGE 1. Right Number Priority Amount (cfs/ac-ft) 65-12607 03/29/1983 5415 3. g 65-10345 06/01 /1968 2.31 65-10344 06/01 /1918 5.13 Nature Period of Use of Use Municipal 01/01 to 12/31 Municipal 01/01 to 12/31 Municipal 01/01 to 12/31 to It 2. Total amount of water being transferred pig 0.3'1' cubic feet per second and/or acre-feet per annum. # 3. Source of water Big Payette Lake tributary to 'AI ek %i��, /vdetk 4. Point(s) of Diversion: Water Right Nos. 65-12607, 65-1035 and 65-10344 to be diverted from any or all of the following points of diversion: Lot % IA 34 Sec. Twp. Rge. County Local name for diversion a. SE NW 8 18N 3E VALLEY SHORE LODGE 3 SyW SE 4 18N 3E VALLEY DAVIS BEACH 2 NE SW 9 18N 3E VALLEY LAKE STREET 5. Lands irrigated or place of use: WITHIN CITY OF McCALL CITY LIMITS AND SURROUNDING SERVICE AREA: Total: 12.79 CFS Twp Rge Sec NE'/. NW Y4 SW'/4 SE'/4 Totals NEN NWIf SWff SEM NE% '�, NWIf SINS SES NEM NWM , SW% SE% NES NW7f SWff SES B / 2 AA* At bt6rvl6AP piw alts"cR. a 8 3 hF,.. fro f 4.36)A,;, M� JT .. h 14 /s i Gd✓TLt�i �df 0140 Page. 2 _ of 13 Transfer No. PART 1 6. General Information: a. Description of diversion system: SEE ATTACHMENT A. b. Are the lands from which you propose to transfer the water right subject to any liens, deeds of trust, mortgages, or contracts? N/A Yes No. If yes, provide a notarized statement from the holder of the lien, deed of trust, mortgage or contract agreeing to the proposed changes. c. Describe the affect on the land now irrigated if the place of sue is changed pursuant to this transfer: N/A d. Remarks: See Attachment A ACTION OF THE DIRECTOR, DEPARTMENT OF WATER RESOURCES This is to certify that I have examined Application for Transfer of Water Rights No. And said application is hereby , subject to the following limitations and conditions: Witness my hand this day of , 19 t 5. Page 3 of 13 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES APPLICATION FOR TRANSFER OF WATER RIGHT PART 2 (Attach one copy for each right) A. 1. Transfer No. DESCRIPTION OF RIGHT AS RECORDED Right evidenced by: a. Decree No. Decreed to in case of vs. dated in county of b. License No. 65-12607 issued by the Idaho Department of Water Resources. c. Claim No. on file with the Idaho Department of Water Resources. d. Transfer No. which produced this right. 2. Attach a copy of last year's tax notice for the property to which the water right is appurtenant or other documents which show ownership. Label document as attachment A. Check appropriate box below: ❑ Tax Notice ❑ Warranty Deed ❑ Other N/A 3. Source of water BIG PAYETTE LAKE tributary to °A,Eik A►-% No / ik 4. Date or priority 03/29/1983 Water is used for the following purpose: aunt 5 5 .F. Rt for. MUNICIPAL c-ft) ount for (cfs/ac-ft) amount (cfs/ac-ft) for purposes from 01-01 to 12-31 purposes from purposes from to to *' 6. Total amount of water under right 5•8g .3• cubic feet per second and/or acre-feet per annum. 7. Point(s) of Diversion: Lot 1/4 t/4 34 Sec. Twp. Rge. County Local name for diversion 2, SE NW 8 18N 3E VALLEY SHORE LODGE 5. Lands irrigated or place of use: WITHIN CITY OF McCALL'S MUNICIPAL SERVICE AREA Twp Rge Sec NE % NW % SW % SE 34 Totals HEM HMIM MIS BEM HEM HWM SWM 8ET HEM HW11 SW11 BEM HEM NMI SRI SEM Total acres 9. Describe any other water rights used for the same purpose as described above 65-10345 (SEE ATTACHMENT A) AND 65-10344 (SEE ATTACHMENT A) Pape 4 of 13 PART 2 Transfer No. 10. To your Icnowledge, has any portion of this water right undergone a period of five or more consecutive years of non-use? ff yes, describe SEE ATTACHMENT A B. DESCRIPTION OF PORTION OF RIGHT BEING TRANSFERRED (If the entire right is to be changed by the applicant, omit part B and C.) 1. amount N/A for purposes from to (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 2. Point(s) of Diversion: for for purposes from to purposes from to Lot t/ 14 '/ Sec. Twp. Rge. County Local name for diversion 5. Lands irrigated or place of use: Twp Rge Sec NE Yi NW IA SW Ys SE Ya Totals NEY NWY SW% SEY KEN NWY SWY SEIf NEY NMI MN SEY NEY Mt 4Mnf SEff C. DESCRIPTION OF UNCHANGED PORTION OF RIGHT (omit if there is no change) 1. amount for purposes from (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 2. Point(s) of Diversion: for for Total acres to purposes from to purposes from to Lot A Ya 14 Sec. Twp. Rge. County Local name for diversion 5. Lands irrigated or place of use: Twp Rge Sec NE Y. NW Ys SW Ys SE Si Totals NEY NW11 SW1f SEY NEE NW1f MS SE7f NEY NWY e1YY SEY NEY WI MS SEY Total acres Page 5 of 13 STATE OF IDAHO Transfer No. DEPARTMENT OF WATER RESOURCES APPLICATION FOR TRANSFER OF WATER RIGHT PART 2 (Attach one copy for each right) A. DESCRIPTION OF RIGHT AS RECORDED 1. Right evidenced by: a. Decree No. 65-10345 Decreed to CITY OF McCALL in case of THE PAYETTE RIVER BASIN ADJUDICATION dated MARCH 2, 1979 in GEM county of IDAHO b. License No. issued by the Idaho Department of Water Resources. c. Claim No. on file with the Idaho Department of Water Resources. d. Transfer No. which produced this right. 2. Attach a copy of last years tax notice for the property to which the water right is appurtenant or other documents which show ownership. Label document as attachment A. Check appropriate box below: ❑ Tax Notice ❑ Warranty Deed ❑ Other N/A 3. Source of water BIG PAYETTE LAKE tributary to 4. Date or priority 06/01/1968 5. Water is used for the following purpose: amount 2.31 for MUNICIPAL purposes from 01-01 to 12-31 (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 6. Total amount of water under right 2.31 cubic feet per second and/or acre-feet per annum. 7. Point(s) of Diversion: for for purposes from to purposes from to Lot Y4 '/ Y4 Sec. Twp. Rge. County Local name for diversion 3 SE SE 4 18N 3E VALLEY DAVIS BEACH 5. Lands irrigated or place of use: WITHIN CITY OF McCALL'S MUNICIPAL SERVICE AREA Twp . Rge Sec NE Y4 NW Y4 SW Y4 SE Ys Totals NElf MU SINN MN MEIf NM SW% all NEN NW% EWN SEM NEW NWIf aWM SEM Total acres 9. Describe any other water rights used for the same purpose as described above 65-12607 (SEE ATTACHMENT A) AND 65-10344 (SEE ATTACHMENT A) * As Geit.264 Page 6 of 13 • PART 2 Transfer No. 10. To your knowledge, has any portion of this water right undergone a period of five or more consecutive years of non-use? If yes, describe SEE ATTACHMENT A t /'alcs 1 B. DESCRIPTION OF PORTION OF RIGHT BEING TRANSFERRED (If the entire right is to be changed by the applicant, omit part B and C.) 1. amount N/A for purposes from to (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) i 2. Point(s) of Diversion: 1 for for purposes from purposes from to to Lot Y Y4 Y4 Sec. Twp. Rge. County Local name for diversion 5. Lands irrigated or place of use: Twp Rge Sec NE 34 NW IA SW 34 SE % Totals NEM NWM SWM SEM NEM NW% SWM SEM MEN NWM SIM SEM NEM NWM SW% BEY C. DESCRIPTION OF UNCHANGED PORTION OF RIGHT (omit if there is no change) 1. amount (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 2. Point(s) of Diversion: for for for purposes from purposes from to purposes from Total acres to to Lot Y4 Y4 Y4 Sec. Twp. Rge. County Local name for diversion - 5. Lands Irrigated or place of use: Twp Rge Sec NE A NW IA SW 34 SE Y4 Totals NEM NWM SWM SEM NEM W M ism SE% NEM NWM lin BEM NES NWM SWM SEM Total acres Page 7 of 13 STATE OF IDAHO Transfer No. . DEPARTMENT OF WATER RESOURCES APPLICATION FOR TRANSFER OF WATER RIGHT PART 2 (Attach one copy for each right) A. DESCRIPTION OF RIGHT AS RECORDED 1. Right evidenced by: a. Decree No. 65-10344 Decreed to CITY OF McCALL in case of THE PAYETTE RIVER BASIN ADJUDICATION dated MARCH 2, 1979 in GEM b. License No. c. Claim No. county of IDAHO issued by the Idaho Department of Water Resources. on file with the Idaho Department of Water Resources. d. Transfer No. which produced this right. 2. Attach a copy of last year's tax notice for the property to which the water right is appurtenant or other documents which show ownership. Label document as attachment A. Check appropriate box below: ❑ Tax Notice ❑ Warranty Deed ❑ Other N/A 3. Source of water BIG PAYETTE LAKE tributary to 4. Date or priority 06/01/1918 5. Water is used for the following purpose: amount 5.13 for MUNICIPAL purposes from 01-01 to 12-31 (cfs/ac-ft) amount for (cfs/ac-ft) amount (cfs/ac-ft) 6. Total amount of water under right 5.13 cubic feet per second and/or acre-feet per annum. 7. Point(s) of Diversion: for to to purposes from purposes from Lot Y4 Y4 Y4 Sec. Twp. Rge. County Local name for diversion 2 -NE SVIt 9 18N 3E VALLEY LAKE STREET 5. Lands irrigated or place of use: WITHIN CITY OF McCALL'S MUNICIPAL SERVICE AREA Twp Rge Sec NE Y4 NW Y4 SW Y4 SE 1/4 Totals NEVI NRN ISM eEf NEM NMI eW11 aft NEM NwN SW11 SEM NEU NWII SWIG WS • Total acres 9. Describe any other water rights used for the same purpose as described above 65-12607 (SEE ATTACHMENT A) AND 65-10345 (SEE ATTACHMENT A) AC deal -Ail Page 8 of 13 PART 2 Transfer No. 10. To your knowledge, has any portion of this water right undergone a period of five or more consecutive years of non-use? If yes, describe SEE ATTACHMENT A B. DESCRIPTION OF PORTION OF RIGHT BEING TRANSFERRED (If the entire right is to be changed by the applicant, omit part B and C.) 1. amount N/A (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 2. Point(s) of Diversion: for for for purposes from to purposes from to purposes from to Lot % Y4 1/a Sec. Twp. Rge. County Local name for diversion • 5. Lands irrigated or place of use: Twp Rge Sec NE 14 NW Ys SW Y4 SE Y4 Totals NEY NWY SWY SES NES NW11 SW11 SEM NEY NMI SWS SEM MS NWS SWs SEV C. DESCRIPTION OF UNCHANGED PORTION OF RIGHT (omit if there is no change) 1. amount for purposes from (cfs/ac-ft) amount (cfs/ac-ft) amount (cfs/ac-ft) 2. Point(s) of Diversion: for purposes from for purposes from Total acres to to to Lot Y4 '/. Y4 Sec. Twp. Rge. County Local name for diversion - 5. Lands irrigated or place of use: TWp Rae Sec NE Ys NW Y. SW Ys SE 1/4 Totals KS NWN SWr SE% NEI NWN SW% SEN NEY NM SWY SEN 16 NWS WM SEM Total acres Page 9 of 13 STATE OF IDAHO Transfer No. DEPARTMENT OF WATER RESOURCES • APPLICATION FOR TRANSFER OF WATER RIGHT PART 3 A. Draw a map or attach a USGS map indicating the new point(s) of diversion and/or the new place of use for rights described in part 1. Clearly depict the land by section, township and range number. SEE FlGURE 1 (ATTACHED HERETO). - + + — + + - SEE + FIGURE - 1 + ATTAECHED - + + — + - + — + + — + + — + + + t I t t I f 1 I - + — + + — + + — + + — + 1 - + — + + — + + — + + — + -- + — + + — +- — + — + + — — + I 1 I i I 1 I - + — + +------ + + — + + -----+ I t t I t I 1 I -- + — + + — + + — — + ------+ + t I I I I I I 1 1 1 - + — + 1 1 +------ + + + — + + + -+ - 1 SCALE: 2 inches equal 1 mile. Draw plan in ink. Page 1 o of 13 PART 3 Transfer No. it Received by K G-7- B. CHANGES IN NATURE OF USE WA 1 New Nature of use Amount Hours/days/year Period of Use (cfs/ac-ft) 2. Quantity and quality of retum flows and location of discharge: to to 3. Describe the effects on other water uses resulting from the proposed change: I hereby assert that no one will be injured by such change and that the change does not constitute an enlargement in use of the original right. The information contained in this application is true to the best of my knowledge. understand that any willful misrepresentations made in this application may result in voiding its approval. 1.). . ...� 1� rP Subscribed'anc(sn p•tjefore me this CITY OF McCALL, IDAHO, AN IDAHO MUNICIPAL CORPORATION BY: William Killen, Mayor My commission expires `3/(ijc:1 0 day of 4742/2„elll , 1997. FOR DEPARTMENT USE ONLY Transfer contains /3 _ pages and / attachments. Date 3/7 f y y Protest filed by Prelim. check by Fee %lw Receipted by kLT Date 3/7/51 C 03e,2Yr Published in Copies of protest forwarded by Pub. dates Hearing held by Date Watermaster recommendation requested on Recommended for ❑ approval ❑ denial rec'd by Copy of transfer sent to lien holder )1k ft- t 2.F6d;fp`� i/Z 6�7 Page_ Of _ . ��1,►� 57'30" �n "I/ =3 o 'o A W i TI9N T19N “711 SS' ( �g 180000 FEET r ▪ k . • 0 • l -• \•Sa■jp Oiapasal• - 1 w u I G 1irAt-- I 1 g' . tuab rob • Pilgrim Copp Bat Ramp aM S0�{ I I, C GOLF +COURSE r�•L 1/, • A • I"• �i ITN sowI.-I 5 • -Th.,;.; 1 _' b(l%; -- /—_— ' " • • ••1 i o •.:,...••1 I — ,•, 0,- 1 . • tr--slop: _s _, , ( -, tea'%( � • ,�� Retire 1 o Ob t City of McCall Application for O Transfer of Water Right Nos. 65-12607, 65-10344,. 66-10345 T18N, R3E, B.M. Page 12 of 13 ATTACHMENT A City of McCall Application for Transfer of Water Hight Nos. 65-12607, 65-10344, 65-10345 PART 1, SECTION B, ITEM 6A Description of Diversion System: Water Right Nos. 65-12607 (Shore Lodge Pump Station), 65-10345 (Davis Beach Pump Station), and 65-10344 (Lake Street Pump Station) authorize a cumulative diversion rate from Big Payette Lake of 12.79 cubic feet per second ("cfs") or 5,735 gallon per minute ("gpm"). Water currently is pumped from three individual points of diversion into two pipelines to the City's Water Treatment Plant. Each pipeline is approximately 9,600 feet in length and has a 16-inch diameter. The Shore Lodge Pump Station uses a 40 horsepower, 4-stage turbine pump, a 50 horsepower, 2-stage turbine pump, and a 15 horsepower jockey pump with an 18-inch intake diameter. The Davis Beach Pump Station uses a 60 horsepower turbine pump, a 75 horsepower turbine pump, a 40 horsepower turbine pump and a 15 horsepower jockey pump with a 16-inch intake diameter. The Lake Street Pump Station uses two 50 horsepower turbine pumps and a 75 horsepower turbine pump with a 16-inch intake diameter. The locations of the existing pump stations and the proposed alternate points of diversion are shown on Figure 1. PART 1, SECTION B, ITEM 6D (Remarks) Proposed Diversion Rates. The City's transfer application seeks to add the existing Shore Lodge, Davis Beach and Lake Street points of diversion as alternate points of diversion for Water Right Nos. 65-12607, 65-10345 and 65-10344, allowing the City to divert any or all of the water rights from any or all of the points of diversion. The transfer's purpose is to enhance the City's water management options, and to provide diversion and distribution efficiencies and redundancy. No change in the cumulative diversion rate under the City's three water rights of 12.79 cfs or 5,735 gpm is intended or would result from adding the alternate points of diversion. The City proposes to install a booster pump in the existing Shore Lodge Pumping Station to boost treated water to the City's western service area. Although the Shore Lodge pump will remain in place, the City proposes to divert the majority of its water from the Davis Beach and Lake Street points of diversion which would be upgraded to permit diversion rates at each station of up to 6.02 cfs or 2,700 gpm (12.04 cfs or 5,400 gpm total). The balance of the City's cumulative diversion rate //.32 G-�s of /cer-taf r' de.c2Fd , �� ,/z6/f7 i Page 13 of 13 would be obtained from the Shore Lodge Pumping Station when and as needed to meet the City's peak and emergency demands, and for reasonably anticipated future needs. The proposed additions of alternate points of diversion to the three City water rights will also improve the City's ability to provide for growth within its existing service area or extensions in its service area. PART 2, SECTION A, ITEM 10 The City has continuously diverted and beneficially used water under its water rights for municipal purposes as needed, and subject to fluctuations in daily and seasonal water demand. 4432ZAPPLICAT.ATT AJ5809NP No. A65-10344 =� 1DAHO DEPARTMENT OF WATER RESOURCES ADJUDICATION CLAIM PROFILE REPORT DATE: 03/26/97 PAGE: 1 ==_= ====== OWNER PRIORITY USE PERIOD DIVERSION DIVERSION CODE NAME & ADDRESS DATE WATER USE FROM TO RATE VOLUME C CITY OF MC CALL IDAHO 06/01/1918 MUNICIPAL Water Source: BIG PAYETTE LAKE Tributary to: Point(s) of Diversion: POU County: 718N R03E SO9 Lot02( ) Remarks: GEN PLACE OF USE WITHIN CITY LIMITS OF MC CALL. 01-01 12-31 5.13 CFS TOTAL DIVERSION: Dates: Exam Made Date: Verified Date: Objection Filed Date: Misc: Water District Number: 65 Field Inspection Flag: Presumption Flag: 5.13 CFS Stage: DECREED VALLEY Canty mAt4,(.4. AJ5809NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: 03/26/97 No. A65-10345 ADJUDICATION CLAIM PROFILE REPORT PAGE: 2 = === OWNER PRIORITY USE PERIOD DIVERSION DIVERSION CODE NAME & ADDRESS DATE WATER USE FROM TO RATE VOLUME C CITY OF MC CALL IDAHO 06/01/1968 MUNICIPAL Water Source: BIG PAYETTE LAKE Tributary to: Point(s) of Diversion: POU Canty: T18N R03E SO4 Lot03( ) Remarks: GEN PLACE OF USE WITHIN CITY LIMITS OF MC CALL. 01-01 12-31 2.31 CFS TOTAL DIVERSION: Dates: Exam Made Date: Verified Date: Objection Filed Date: Misc: Water District Number: 65 Field Inspection Flag: Presumption Flag: a/J 61 (1 �l 2.31 CFS Stage: DECREED VALLEY County AJ5809NP No. A65-12607 OWNER CODE NAME & ADDRESS C CITY OF MC CALL Water Source: BIG PAYETTE LAKE Point(s) of Diversion: IDAHO DEPARTMENT OF WATER RESOURCES ADJUDICATION CLAIM PROFILE REPORT PRIORITY DATE WATER USE 03/29/1983 MUNICIPAL Tributary to: 718N R03E SO8 SENW DATE: 03/26/97 PAGE: 3 USE PERIOD DIVERSION DIVERSION FROM TO RATE VOLUME 01-01 12-31 5.35 CFS TOTAL DIVERSION: 5.35 CFS Stage: PERMIT VALLEY County Place of use Legal Description for: MUNICIPAL NE NW SW SE NENE NUM SWNE SENE : NENW NWNW SWNW SENW : NESW NWSW SWSW SESW : NESE NWSE USE SESE : T R S : Lt Ac Lt Ac Lt Ac Lt Ac : Lt Ac Lt Ac Lt Ac Lt Ac : Lt Ac Lt Ac Lt Ac Lt Ac : Lt Ac Lt Ac Lt Ac Lt Ac : 18N 03E 8 : POU County: VALLEY Other Rights: NOS. 65-10344 & 65-10345 Conditions of Approval: Remarks: GEN P/U WITHIN CITY LIMITS OF MC CALL. M . Dates: Exam Made Date: Verified Date: Misc: Water District Number: 65 Field Inspection Flag: Presumption Flag: Objection Filed Date: GO' E1-ev, -61° � i/,. (>2_64 0,64/^._�6( plIA IAJG-I a ni a ►r..a y NEED 7i) r4111'`' 167 1 ? jzi jr " ; z3 - 0 �� W2N z T19N T18N 4975 4974 55' 100 tr, " " .��. J_ 3 O V O Radio' zTower ow oz. 1 180 000 FEET "72 . 4971 Copeland Flats 5072 x 6 u Gagng a,/ i i Campground i i 140- %��0J . I- C. 3 56c.gi I BM 5032 High Sch r I:k  " _ ti). 7_ 4 N. I^��a - -Sewage Disposal ,`  \Cem ��_G/-��-, , ` u � r/ // I  4 li 10 I ��, hl�� . v /i \.; L O R  -��' ��\ ,//' X ��+. \ ol��='�� _- I �� _ _ BOrrOWPit Borrow 1 McCall t6 _Borrow PitX�� BM3C ��1iII \. IOL �� MC AIRPORT' T------ I .. ��'. I . I Pia a 'STATE $ u np O 1.3.24 544i' I BM 5026 i 6IPAL - %�� OURSE r` 1 I / oy ^�� I , 36' ri-I "����--/�� - c i , ,, 3��J ��" 4 �� v" K, t GARY G. ALLEN CHRISTOPHER J. BEESON MICHAEL C. CREAMER ROY LEWIS EIGUREN JEFFREY C. FEREDAY L. W. GRANT III J. BART GREEN ROBERT C. HUNTLEY, JR. RICHARD W. JANKOWSKI KARL T. KLEIN DAVID R. LOMBARDI KIMBERLY D. MALONEY KENNETH R. MCCLURE CHRISTOPHER H. MEYER L. EDWARD MILLER LAW OFFICES GIVENS PURSLEY & HUNTLEY LLP Jacqueline R. DeClue, P.E. City Engineer City of McCall 216 E. Park Street Post Office Box 986 McCall, Idaho 83638 A LIMITED LIABILITY PARTNERSHIP 277 NO. 6TH STREET • SUITE 200 P.O. BOX 2720 • BOISE, IDAHO 83701 (208) 388-1200 FACSIMILE (208) 388-1201 November 7, 1997 Re: City of McCall Water Rights Transfer Our File: 4432-2 Dear Jacqueline: PATRICK J. MILLER JUDSON B. MONTGOMERY TERRY L. MYERS RAMONA S. NEAL STEVEN L. OLSEN W. HUGH O'RIORDAN KENNETH L. PURSLEY GREGORY J. VIETZ CONLEY WARD STEVEN R. WEEKS STEPHANIE C. WESTERMEIER RAYMOND D. GIVENS JAMES A. MCCLURE OF COUNSEL JUDSON B. MONTGOMERY DIRECT DIAL (208) 388-1202 Enclosed for your records is a letter from the Idaho Department of Water Resources and the original Idaho Department of Water Resources Transfer of Water Right allowing the City of McCall to utilize Shore Lodge, Davis Beach or Lake Street as alternate points of diversion for Water Right Nos. 65-10344, 65-10345 and 65- 12607. The Transfer approval will become a final order on November 20, 1997, unless the City files an exception or objection to its terms and conditions. We have compared the approved Transfer with the original Application for Transfer of Water Right and the Transfer appears accurate, but you should carefully review the Transfer to be sure that it satisfies the City's diversion needs. If you recognize a problem, please let me know immediately. You also should review the Conditions of Approval and Remarks located on the bottom and back of the Transfer to make sure the City complies with each one. Based on our previous conversations, the City of McCall is diverting 11.32 cfs from the approved points of diversion and already has accomplished the change authorized by the Transfer. The other Conditions of Approval and Remarks do not require the City to take any additional action, but you should be aware that the availability of water for the City's Water Right No. 65-12607 remains subject to all prior water rights of the Lake Reservoir Company. The Lake Reservoir Company's priority is not a new requirement, and was established when the license was granted in 1983. Jaqueline R. DeClue, P.E. November 7, 1997 Page 2 After you have an opportunity to review the Transfer, please let Mike Creamer or me know if the Transfer meets with your approval. Very truly yours, 1 Jdson B. Montgomery JBM:slc Enclosures cc: Ted Burton 4432\2\COR R\DECLU E05.J BM 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 October 30, 1997 CITY OF MC CALL PO BOX 2720 BOISE ID 83701-2720 PHILIP E. BATT GOVERNOR KARLJ.DREHER DIRECTOR RE: Water Rights 65-10344/65-10345/65-12607 (Transfer 5033) Dear Water Right Holder( ): Enclosed is the copy of your approved Transfer of Water Rights for the above referenced water rights (Transfer 5033). Please be sure to thoroughly read the Conditions and Remarks listed on the transfer. Also, please be advised that the accompanying transfer approval should be considered and treated as a preliminary order of the • department issued -pursuant to section 67-5243, Idaho Code. Enclosed are instructions for responding to Preliminary Orders if you are in disagreement with the approved transfer. As of July 1, 1996, all water right owners are required to report any change in water right ownership and any change of mailing address to the department. If you have acquired any other .water right or have changed your mailing address PRIOR TO July 1, 1996, you have until July 30, 1998, to record the ownership and/or address change with the department. If you acquired other water rights or changed your mailing address AFTER July 1, 1996, you must notify the department within 120 days of the change. Failure to report these changes in a timely manner could result in a $100 late filing fee. You can contact any office of the department for more information. If you have any questions concerning your water right listed above you can contact me at (208) 327-7947. Since JI/4 J Water :klt Enclosures Z Manager ermits.Section GARY G. ALLEN CHRISTOPHER J. BEESON M IC HAEL C. CREAMER ROY LEWIS EIGUREN JEFFREY C. FEREDAY L W. GRANT III J. BART GREEN 'ROBERT C. HUNTLEY, JR. RICHARD W. JANKOWSKI KARL T. KLEIN DAVID R. LOMBARDI KIMBERLY D. MALONEY KENNETH R. MCCLURE CHRISTOPHER H. MEYER L. EDWARD MILLER LAW OFFICES GIVENS PURSLEY & HUNTLEY LLP Jacqueline R. DeClue, P.E. City Engineer City of McCall 216 E. Park Street Post Office Box 986 McCall, Idaho 83638 A UNITED LIABILITY PARTNERSHIP 277 NO. 6TH STREET • SUITE 200 P.O. BOX 2720 • BOISE, IDAHO 83701 (208) 388-1200 FACSIMILE (208) 388-1201 November 7, 1997 Re: City of McCall Water Rights Transfer Our File: • 4432-2 Dear Jacqueline: PATRICK J. MILLER JUDSON B. MONTGOMERY TERRY L MYERS RAMONA S. NEAL STEVEN L OLSEN W. HUGH O'RIOROAN KENNETH L PURSLEY GREGORY J. VIETZ CONLEY WARD STEVEN R. WEEKS STEPHANIE C. WESTERMEIER RAYMONO D. GIVENS JAMES A. MCCLURE OF COUNSEL JUDSON B. MONTGOMERY DIRECT DIAL (208) 388-1202 Enclosed for your records is a letter from the Idaho Department of Water Resources and the original Idaho Department of Water Resources Transfer of Water Right allowing the City of McCall to utilize Shore Lodge, Davis Beach or Lake Street as alternate points of diversion for Water Right Nos. 65-10344, 65-10345 and 65- 12607. The Transfer approval will become a final order on November 20, 1997, unless the City files an exception or objection to its terms and conditions. We have compared the approved Transfer with the original Application for Transfer of Water Right and the Transfer appears accurate, but you should carefully review the Transfer to be sure that it satisfies the City's diversion needs. If you recognize a problem, please let me know immediately. You also should review the Conditions of Approval and Remarks located on the bottom and back of the Transfer to make sure the City complies with each one. Based on our previous conversations, the City of McCall is diverting 11.32 cfs from the approved points of diversion and already has accomplished the change authorized by the Transfer. The other Conditions of Approval and Remarks do not require the City to take any additional action, but you should be aware that the availability of water for the City's Water Right No. 65-12607 remains subject to all prior water rights of the Lake Reservoir Company. The Lake Reservoir Company's priority is not a new requirement, and was established when the license was granted in 1983. Jaqueline R. DeClue, P.E. November 7, 1997 Page 2 After you have an opportunity to review the Transfer, please let Mike Creamer or me know if the Transfer meets with your approval. Very truly yours, Judson B. Montgomery JBM:slc Enclosures cc: Ted Burton 4432\2\COR R\DECLU E05.JBM STATE OF IDAHO DEPARTMENT OF WATER RESOURCES TRANSFER OF WATER RIGHT TRANSFER NO. 5033 WATER RIGHT NO(S). 65-10344/65-10345/65-12607 This is to certify that: CITY OF MC CALL PO BOX 2720 BOISE ID 83701 has requested a change to the above captioned water right(s). This change in water right(s) is authorized pursuant to the provisions of Section 42-222, Idaho Code, provided the conditions listed below are met. BENEFICIAL•USE Right No. 65-10344 . MUNICIPAL Priority: 06/01/1918 Right No. 65-10345 . MUNICIPAL Priority: 06/01/1968 Right No. 65-12607 MUNICIPAL Priority: 03/29/1983 SOURCE BIG PAYETTE LAKE LOCATION OF POINTS) OF DIVERSION: PERIOD OF USE. 01/01 to 12/31 5.13 CFS 01/01 to 12/31 2.31 CFS 01/01 to 12/31 3.88 CFS TOTAL: * 11.32 CFS DIVERSION RATE PLACE OF USE: See Remarks ** TRIBUTARY OF PAYETTE RIVER, NORTH FORK Lot Lot Lot 3( SWSE) 2( SENW) 2( NESW) , Sec. 4, Township 18N, Range 03E , Sec. 8, Township 18N, Range 03E , Sec. 9, Township 18N, Range 03E VALLEY County CONDITIONS OF APPROVAL AND REMARRS 1. The right holder shall accomplish the change authorized by this transfer within one (1) year of the date of this approval. 2. Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. PAGE 2 TRANSFER NO. 5033 WATER RIGHT NO(S). 65-10344/65-10345/65-12607 CONDITIONS OF APPROVAL AND REMARKS 3. Approval of this transfer does not preclude the opportunity for review of the validity of the water right(s) in the ongoing Snake River Basin Adjudication. 4. Use of water under this water right will be regulated by the watermaster of State Water District No. 65. 5. Prior to diversion of water under this approval, the right holder shall provide a means of measurement and lockable controlling works from all authorized points of diversion that is acceptable to the watermaster and will provide suitable control of the diversions. * 6. The total instantaneous diversion of water from all points of diversion under Transfer 5033 shall not exceed 11.32 cfs. 7. Approval of Transfer 5033 does not grant any right-of-way or easement for use of a delivery system owned by person(s) other than the right owner. ** S. Place of use is located within the city limits of McCall and surrounding service area.• 9. The availablility of. water for Right 65-12607 is subject to all prior water rights of Lake Reservoir Co. Dated this 0 day of 19 ! 3 _ hief; Water Allocation Bureau CERTIFICATE OF MAILING I hereby certify that on the 30th.day of October, 1997, I mailed a true and correct copy, postage prepaid, of the foregoing TRANSFER APPROVAL to the person(s) listed below: WATER RIGHTS 65-10344/65-10345/65-12607 (Transfer 5033) CITY OF MC CALL PO BOX 2720 BOISE ID 83701-2720 Kari Lyn Townse d Secretary