HomeMy Public PortalAbout2000.12.28 Municiple Water Rights 65-12607, 65-10344, 65-10345GIVENS PURSLEY LLP
LAW OFFICES
277 North fith 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 David R. Lombardi Angela K. Nelson
Christopher J. Beeson O. David Lorello. Jr. W. Hugh O'Riordan
Michael C. Creamer Kimberly D. Maloney Kenneth L Pursley
Thomas E Dvorak John M. Marshall Virginia L Stukel
Ray 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 Matthew S. Wiese
Amanda L Keating Kendall L Miller
Karl T. Klein L Edward Miller Raymond D. Givens
Debora K. Kristensen Patrick J. Miller James A McClure
Franklin G. Lee Judson B. Montgomery GP CCIINSCL
December 28, 2000
Matter: Municipal Water Rights 65-12607, 65-10344 and 65-10345
Our File: 4432-3
Dear Sir/Madam:
Enclosed please find Amended Partial Decrees ("Partial Decrees") entered by the
presiding judge in the Snake River Basin Adjudication ("SRBA") for the City of McCall's
water rights, numbers 65-12607, 65-10344 and 65-10345. These Partial Decrees confirm the
City's right to divert the amounts decreed from three alternate points of diversion on Big
ayes e i,ake.
Also enclosed is the SRBA Court's Order Correcting Clerical Error and Amending
Partial Decrees Nnnc Pro Tunc for the above -referenced water rights. When I reviewed the
original partial decrees that the Court issued, I found that they did not contain a description
of the place of use as recommended by the Department of Water Resources. I contacted the
SRBA Court and requested that it issue these amended partial decrees to describe the place
of use as "located within the city limits of McCall and surrounding service area." This
language allows the City to meet expanding water demand within an expanding service area
within the decreed diversion rate limitation. It also provides some protection to the City's
water rights from claims of forfeiture if the City does not need to divert the total combined
diversion rate for the three rights until some time in the future.
With the issuance of these Partial Decrees, the City's participation in the Snake River
Basin Adjudication with respect to its water rights is largely concluded. Please be aware,
however, that the Partial Decrees contain a proviso that they are subject to certain yet -to -be
City Manager
December 28, 2000
Page 2
determined general provisions when the final unified decree incorporating all water rights
in all SRBA sub -basins is entered. These general provisions may include conditions on
diversions for firefighting purposes, exceptions to period of use limitations, or provisions
permitting the Department of Water Resources to conjunctively manage surface and ground
water diversions. To date, I am not aware of any such general provisions that might impair
the City's use of water under these Partial Decrees. Because of my continuing involvement
in the SRBA for numerous clients, I remain informed of the status of pending general
provisions, and I will notify the City if I become aware of any developments that may impact
its water rights.
If you have any questions concerning the enclosed documents, please feel free to
contact me.
Sincerely,
Michael C. Creamer
MCC:tma
Enclosure
S:ICLIENTS14432\3\CORMArr 23 L L-!o City u: M,,y__ ai
_ r
DISTRICT COURT-SRBA
Fifth Judicial District
County of Twin Falls - State of Idaho
In Re SRBA
Case No. 39576
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRI
STATE OF IDAHO, IN Amisamt COUNTY OF TWIN
AMENDED
PARTIAL DECREE PURSUANT TO
I.R.C.P. 54(b) FOR: ::
Water Right 65-10345
T OF THE
ALLS
EY Clerk
Deputy C:erk
NAME AND ADDRESS: CITY OF MC CALL
PO BOX 2720
BOISE, ID 83701
SOURCE: BIG PAYETTE LAKE TRIBUTARY: PAYETTE RIVER, NORTH FORK
QUANTITY: 2.31 CFS
PRIORITY DATE: 06/01/1968
POINT OF DIVERSION: T18N R03E SO4 LOT 03 ( SWSE) Within Valley County
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERICO OF USE: PURPOSE OF USE
Municipal
PLACE OF USE:
PERICO OF USE QUANTITY
01-01 TO 12-31 2.31 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER PROVISIONS 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 ULTIMATEELY
DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE
ENTRY OF A FINAL UNIFIED DECREE. I.C. SECTION 42-1412(6).
RULE 54(b) CERTIFICATE
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court has and does hereby direct that the above judgment or order shall be a final
judgment upon which execution may issue and an appeal may be taken as provided by the ;daho Appellate Rules.
Barry
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b)
Water Right 65-10345
PAGE 1
Nov-09-2000
In Re SRBA
Case No. 39576
DISTAiGT
Fifth Judicial District
County of Twin Falls - State of Idaho
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICIOF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN F LS
AMENDED
PARTIAL DECREE PURSUANT TO
I.R.C.P. 54(b) FOR: .'.
Water Right 65-10344
C:erk
Deputy C erk
NAME AND ADDRESS: CITY OF MC CALL
PO BOX 2720
BOISE, ID 83701
SOURCE: BIG PAYETTE LAKE TRIBUTARY: PAYETTE RIVER, NORTH FORK
QUANTITY: 5.13 CFS
PRIORITY DATE: 06/01/1918
POINT OF DIVERSION: T18N R03E SO4 LOT 03 ( SWSE) Within Valley County
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
PURPOSE OF USE PERIOD OF USE QUANTITY
Municipal 01-01 TO 12-31 5.13 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER PROVISIONS 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. I.C. SECTION 42-1412(6).
RULE 54(b) CERTIFICATE
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court has and does hereby direct that the above judgment or order shall be a final
judgment upon which execution may issue and an appeal may be taken as provided by the Idaho Appellate Rules.
arry Wood
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
SRBA PARTIAL DECREE PURSUANT TO 1.R.C.P. 54(b)
Water Right 65-10344
PAGE 1
Ncv-09-2000
In Re SRBA
Case No. 39576
NAME AND ADDRESS:
DISTRICT COURT-SRBA
Fifth Judicial District
County of Twin Falls - State of ldaho
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE CCUNTY OF TWIN F LS
a+ED
PARTIAL DECREE PURSUANT TO
I.R.C.P. 54(b) FOR.-.'
CITY OF MC CALL
PO BOX 2720
BOISEE, ID 83701
Water Right 65-12607
ay
SOURCE: BIG PAYETTE LAKE TRIBUTARY: PAYETTE RIVER, NORTH FORK
QUANTITY: 3.88 CFS
PRIORITY DATE: 03/29/1983
POINT OF DIVERSION: T18/1 R03E SO4 LOT 03 ( SWSE) Within Valley County
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERIM OF USE: PURPOSE OF USE
Municipal
PLACE OF USE:
PERIM OF USE QUANTITY
01-01 TO 12-31 3.88 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURRCUNDING SERVICE AREA.
OTHER PROVISIONS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT:
THE AVAILABILITY OF WATER FOR THIS RIGHT IS SUBJECT TO ALL
PRIOR WATER RIGHTS OF LAKE RESERVOIR COMPANY.
THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS
NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFr-ICIENT
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. I.C. SEECTION 42-1412(6).
RULE 54(b) CERTIFICATEE
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court has and does hereby direct that the above judgment or order shall be a final
judgment upon which execution may issue and an appeal may be taken provided by the aho Appellate Rules.
arry Wood
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
�X
Depu` ty &
SREA PARTIAL DECREE PURSUANT TO 1.R.C.P. 54(b)
Water Right 65-12607
PAGE 1
Nov-09-2000
IN THE DISTRICT COURT OF THE FIFTH 7UDICIAL
DISTRICT COURT-SR5A
Fifth Judicial District
County of Twin Falls - State of Idaho
STATE OF IDAHO, IN AND FOR THE COUNTY OF WIN
In Re SRBA
Case No. 39576
C
Deputy Cleric
ORDER CORRECTING CLERICAL ERROR
IY PARTIAL DECREES; I.RC.P. 60(a)
ORDER AMENDING PARTIAL DECREES
NUNC PRO TUNC
For Water Rights: 65-12607, 65-10344 and
65-10345
On October 3, 2000, this Court entered Partial Decree's for each of the three above -
captioned water rights. Since the water rights were uncontested, the Partial Decree's were based
on the Director's Report filed by the Idaho Department of Water Resources on December 13,
1999. The "place of use" element contained in the Director's Report for each water right is
described as: "Place of use is located within the city limits of McCall and surrounding service
area." The above -referenced Partial Decree's previously entered by this Court for each of the
three water rights inadvertently omitted this language.
THEREFORE, pursuant to I.R.C.P. 60(a), IT IS HEREBY ORDERED that the Partial
Decree's for water right's 65-12607, 65-10344, and 65-10345 are hereby amended to correct the
clerical error as set forth in the respective attached Amended Partial Decree Pursuant to I.R. C.P.
54 (b).
IT IS SO ORDERED
DATED�a� j �Nunc Pro Tune, October 3, 2000.
G
B.•— �Y WOOD
Administrative District Judge and
Presiding Judge of the
Snake River Basin Adjudication
ORDER TO CORRECT CLERICAL ERROR'ORDER AMEND1NC P:\RTIAI. DECREE
G:UhiNII&%Ordrslorderamendpd.doe Paco 1
Robert Strope
January 31, 2001
Page 2
When the changes to the City's rights were approved, the Department
recommended to the SRBA Court that it decree the rights so as to reflect the approved
changes. Our firm entered its appearance in the SRBA on behalf of the City to monitor
the adjudication of these rights. This work included review of the Department's
recommendations to confirm their consistency with the water right change approval. A
copy of my January 4, 2000 correspondence to the City concerning this review is
attached. I subsequently reviewed the SRBA partial decrees when they were issued to
again confirm consistency with the Department's change approval and recommendations
to the Court. In reviewing the partial decrees the Court issued, I discovered that they
failed to include the necessary description of the place of use. I contacted the Court and
the Department and arranged to have the presiding judge issue amended decrees to
correct this error. My December 28, 2000 correspondence to the City concerning these
amended partial decrees also is attached.
As I indicated in my letter of December 28, 2000, I believe that this now, in large
part, concludes the City's involvement concerning its water rights in the SRBA. There
are, however, certain general provisions concerning administration of the City's water
rights that may be proposed for inclusion in the SRBA final, unified decree of all rights
some years from now. Currently, it is not possible to predict what the substance of each
of these general provisions might be.
Unless the City instructs otherwise, I can and will remain on the SRBA Court's
records as the City's attorney for SRBA matters, and will continue to be served with
pleadings or orders on any such general provisions. If the City would prefer that I not
continue as its counsel of record on this matter, please advise me, and I will notify the
Court. However, in that case, I would urge the City ensure that someone familiar with the
City's water rights, and with the proceedings in the SRBA, be assigned this review
responsibility to protect the City's now -decreed rights.
I hope this answers your questions concerning our representation of the City. If
not, or if you have any other questions, please feel free to contact me.
Sincerely,
df, p
Michael C. Creamer
MCC:caw
Enclosures
SACLIENTS\4432\2\CORR\strope 01 mcc.wpd
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
Robert Strope
City Manager
City of McCall
216 East Park Street
McCall, ID 83638
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. Stukal
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 31, 2001
Matter: Municipal Water Rights - SRBA Claims
Our File: 4432-2
Dear Mr. Strope:
L.I
fralOtti V .E
F E B 1 2001
In response to your recent inquiry concerning this firm's bill for legal services, I
am attaching for your information, copies of my correspondence to the City concerning
the work I have performed on the City's behalf in the Snake River Basin Adjudication,
which gave rise to the recent billing. It appears that our office may have misdirected this
correspondence, and it was not received by the City.
As a summary, our firm was retained by the City in the fall of 1996 to obtain
approval from the Idaho Department of Water Resources for the City to change its three
water rights from Payette Lake so that each right could be diverted from any one of three
separate points of diversion. In that process, we also were able to obtain a change in the
description of the purpose of use and place of use of the rights to allow water under these
rights to be diverted for use anywhere within the City's expanding service area. The
changes in the description of purpose of use and place of use permitted the City to take
advantage of a statute that had recently been enacted to allow municipalities to hold rights
larger than current needs without risk of forfeiture.
GIVENS PU RSLEY 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 CaHarden
Michael C. Creamer Kimberly D. Maloney Kenneth L Pursley
Thomas E. Dvorak John M. Marshall Virginia L. Stukel
Bay Lewis Eiguren Kenneth R. McClure Conley Ward
Jacqueline M. Fearnside Kelly Greene McConnell Stephanie C. Westermeier
Jeffrey C. Fereday Cynthia A. Melillo Hobert 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
Paae 2
You should review the Department's recommendations, and ifyou 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.)
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 DIRK KENIPTHORYE
GOVERNOR
KARLI DREHER
DIRECTOR
6S-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
w=i—=r rights r + � county t
+1g.,�.o care be iOL'u'ld a�. the Cvu:i�.y CvurtlloiiSGS 1n 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
.A.75855NP
261
IDAHO DEPARTMENT OF WATER RESOURCES
INDIVIDUAL LISTING FROM DIRECTOR'S REPORT
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
DATE: December 8, 1999
PAGE: 1
RIGHT NUMBER: 65-10344
NAME AND ADDRESS:
SOURCE:
QUANTITY:
PRIORITY -DATE:
POINT OF DIVERSION
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
BIG PAYETTE LAKE
5.13 CFS
06/01/1918
T18N R03E SO4 LOT 3 ( SWSE)
S08 LOT 2 ( SENW)
S09 LOT 2 ( NESW)
PURPOSE OF USE
MUNICIPAL
TRIBUTARY: PAYETTE RIVER, NORTH FORK
Within VALLEY County
PERIOD OF USE QUANTITY
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 `'CATER RESOURCES
1301 North Orchard Street, P.O. Box 83720, Boise, Idaho 83720-0098
Phone: (208) 327-7900 PAY: (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 do 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
263
IDAHO DEPARTMENT OF WATER RESOURCES
INDIVIDUAL LISTING FROM DIRECTOR'S REPORT
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
DATE: December 8, 1895
PAGE: _
RIGHT NUMBER:
NAME AND ADDRESS:
65-10345
CITY OF MC CALL
PO BOX 2720
BOISE ID 83701
SOURCE: BIG PAYETTE LAKE
QUANTITY: 2.31 CFS
PRIORITY -DATE: O6/01/1968
POINT OF DIVERSION T18N RO3E SO4 LOT 3 ( SWSE)
SO8 LOT 2 ( SENW)
SO9 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 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 F .X: (208) 327-7866
December 8, 1999 DIRK KEIIPTHORNE
GOVERNOR
KARL I DREHER
DIRECTOR
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):
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
265
IDAHO DEPARTMENT OF WATER RESOURCES
INDIVIDUAL LISTING FROM DIRECTOR'S REPORT
OF WATER RIGHTS ACQUIRED UNDER STATE LAW
DATE: December 8, 1999
PAGE:
1
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)
SO8 LOT 2 ( SENN)
SO9 LOT 2 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
TRIBUTARY: PAYETTE RIVER, NORTH FOR{
Within VALLEY County
PURPOSE OF USE PERIOD OF USE QUANTITY
MUNICIPAL 01-01 12-31 3.88 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.
THE AVAILABILITY OF WATER FOR THIS RIGHT IS SUBJECT TO ALL
PRIOR WATER RIGHTS OF LAKE RESERVOIR COMPANY.
EXPLANATORY MATERIAL: BASIS OF CLAIM - LICENSE
GIVENS PURSLEY "P
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 David R. Lombardi Angela K. Nelson
Christopher J. Beeson D. David Lorello, Jr. 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 Matthew S. Wiese
Amanda L. Keating Kendall L. Miller
Karl T. Klein L. Edward Miller Raymond D. Givens
Debora K. Kristensen Patrick J. Miller James A McClure
Franklin G. Lee Judson B. Montgomery OF COUNSEL
December 28, 2000
Matter: Municipal Water Rights 65-12607, 65-10344 and 65-10345
Our File: 4432-3
Dear Sir/Madam:
Enclosed please find Amended Partial Decrees ("Partial Decrees") entered by the
presiding judge in the Snake River Basin Adjudication ("SRBA") for the City of McCall's
water rigjhts, numbers 65-12607, 65-10344 and 65-10345. These Partial Decrees confirm the
City's right to divert the amounts decreed from three alternate points of diversion on Big
Payette Lake.
Also enclosed is the SRBA Court's Order Correcting Clerical Error and Amending
Partial Decrees Nunc Pro Tunc for the above -referenced water rights. When I reviewed the
original partial decrees that the Court issued, I found that they did not contain a description
of the place of use as recommended by the Department of Water Resources. I contacted the
SRBA Court and requested that it issue these amended partial decrees to describe the place
of use as "located within the city limits of McCall and surrounding service area." This
language allows the City to meet expanding water demand within an expanding service area
within the decreed diversion rate limitation. It also provides some protection to the City's
water rights from claims of forfeiture if the City does not need to divert the total combined
diversion rate for the three rights until some time in the future.
With the issuance of these Partial Decrees, the City's participation in the Snake River
Basin Adjudication with respect to its water rights is largely concluded. Please be aware,
however, that the Partial Decrees contain a proviso that they are subject to certain yet -to -be
"i
City Manager
December 28, 2000
Page 2
determined general provisions when the final unified decree incorporating all water rights
in all SRBA sub -basins is entered. These general provisions may include conditions on
diversions for firefighting purposes, exceptions to period of use limitations, or provisions
permitting the Department of Water Resources to conjunctively manage surface and ground
water diversions. To date, I am not aware of any such general provisions that might impair
the City's use of water under these Partial Decrees. Because of my continuing involvement
in the SRBA for numerous clients, I remain informed of the status of pending general
provisions, and I will notify the City if I become aware of any developments that may impact
its water rights.
If you have any questions concerning the enclosed documents, please feel free to
contact me.
MCC:tma
Enclosure
SACLIENI'S\4432\3\CORR\MCC 2d Ltr to City Re Municipal Water Rights.wpd
Sincerely,
Michael C. Creamer
DISTRICT COURT-SRBA
Fifth Judicial District
County of Twin Falls - State of Idaho
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRI T OF THE
STATE OF IDAHO, IN ANAMMED COUNTY OF TWIN ALLS
ADDED
In Re SRBA ) PARTIAL DECREE PURSUANT TO
) I.R.C.P. 54(b) FOR_ :.
Case No. 39576 )
Water Right 65-10345
e7 Clerk
NAME AND ADDRESS: CITY OF MC CALL
PO BOX 2720
BOISE, ID 83701
SOURCE: BIG PAYETTE LAKE TRIBUTARY: PAYETTE RIVER, NORTH FORK
QUANTITY: 2.31 CFS
PRIORITY DATE: 06/01/1968
POINT OF DIVERSION: T18N R03E SO4 LOT 03 ( SWSE) Within Valley County
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
PURPOSE OF USE PERIOD OF USE QUANTITY
Municipal 01-01 TO 12-31 2.31 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER PROVISIONS 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. I.C. SECTION 42-1412(6).
RULE 54(b) CERTIFICATE
Deputy Clerk
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court has and does hereby direct that the above judgment or order shall be a final
.judgment upon which execution may issue and an appeal may be taken as provided by the daho Appellate Rules.
Barry Tood
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b)
Water Right 65-10345
PAGE 1
Nov-09-2000
DISTRICT
Fifth Judicial District
County of Twin Falls - State of Idaho
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRIC OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN F LS
AMENDED
In Re SRBA ) PARTIAL DECREE PURSUANT TO
I.R.C.P. 54(b) FOR. ..
Case No. 39576 )
Water Right 65-10344
NAME AND ADDRESS: CITY OF MC CALL
PO BOX 2720
BOISE, ID 83701
SOURCE: BIG PAYETTE LAKE TRIBUTARY: PAYETTE RIVER, NORTH FORK
QUANTITY: 5.13 CFS
PRIORITY DATE: 06/01/1918
POINT OF DIVERSION: T18N R03E SO4 LOT 03 ( SWSE) Within Valley County
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
PURPOSE OF USE PERIOD OF USE QUANTITY
Municipal 01-01 TO 12-31 5.13 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER PROVISIONS 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. I.C. SECTION 42-1412(6).
RULE 54(b) CERTIFICATE
Clerk
Deputy Clerk
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court .has and does hereby direct that the above judgment or order shall be a final
judgment upon which execution,may issue and an appeal may be taken as provided by the Idaho Appellate Rules.
arry Wood
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b)
Water Right 65-10344
PAGE 1
Nov-09-2000
DISTRICT COURT-SRBA
Fifth Judicial F isDistrict
State of Idaho
County of Twin
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRIC OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF TWIN F .LS
AMENDED
In Re SRBA ) PARTIAL DECREE PURSUANT TO
I.R.C.P. 54(b) FOR. ..
Case No. 39576 )
Water Right 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 03 ( SWSE)
SO8 LOT 02 ( SENW)
SO9 LOT 02 ( NESW)
PURPOSE AND
PERIOD OF USE:
PLACE OF USE:
BY
TRIBUTARY: PAYETTE RIVER, NORTH FORK
Within Valley County
PURPOSE OF USE PERIOD OF USE QUANTITY
Municipal 01-01 TO 12-31 3.88 CFS
PLACE OF USE IS LOCATED WITHIN THE CITY LIMITS OF MC CALL AND
SURROUNDING SERVICE AREA.
OTHER PROVISIONS NECESSARY FOR DEFINITION OR ADMINISTRATION OF THIS WATER RIGHT:
THE AVAILABILITY OF WATER FOR THIS RIGHT IS SUBJECT TO ALL
PRIOR WATER RIGHTS OF LAKE RESERVOIR COMPANY.
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. I.C. SECTION 42-1412(6).
RULE 54(b) CERTIFICATE
With respect to the issues determined by the above judgment or order, it is hereby CERTIFIED, in accordance
. with Rule 54(b), I.R.C.P., that the court has determined that there is no just reason for delay of the entry of a
final judgment and that the court has and does hereby direct that the above judgment or order shall be a final
judgment upon which execution may issue and an appeal may be taken rovided by the aho Appellate Rules.
arry Wood
Administrative District Judge
Presiding Judge of the
Snake River Basin Adjudication
Clerk
Deputy Clerl
SRBA PARTIAL DECREE PURSUANT TO I.R.C.P. 54(b)
Water Right 65-12607
PAGE 1
Nov-09-2000
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL
STATE OF IDAHO, IN AND FOR THE COUNTY OF i N
DISTRICT COURT-SRSA
Fifth Judicial District
County of Twin Falls - State of Idaho
In Re SRBA )
)
Case No. 39576 )
)
)
Deputy Clerk
ORDER CORRECTING CLERICAL ERROR
IN PARTIAL DECREES; I.R.C.P. 60(a)
ORDER AMENDING PARTIAL DECREES
NUNC PRO TUNC
For Water Rights: 65-12607, 65-10344 and
65-10345
On October 3, 2000, this Court entered Partial Decree's for each of the three above -
captioned water rights. Since the water rights were uncontested, the Partial Decree's were based
on the Director's Report filed by the Idaho Department of Water Resources on December 13,
1999. The "place of use" element contained in the Director's Report for each water right is
described as: "Place of use is located within the city limits of McCall and surrounding service
area." The above -referenced Partial Decree's previously entered by this Court for each of the
three water rights inadvertently omitted this language.
THEREFORE, pursuant to I.R.C.P. 60(a), IT IS HEREBY ORDERED that the Partial
Decree's for water right's 65-12607, 65-10344, and 65-10345 are hereby amended to correct the
clerical error as set forth in the respective attached Amended Partial Decree Pursuant to I.R.C.P.
54 (b).
IT IS SO ORDERED
DATED 6J j c)-43
Nunc Pro Tunc, October 3, 2000.
BY WOOD
Administrative District Judge and
Presiding Judge of the
Snake River Basin Adjudication
ORDER TO CORRECT CLERICAL ERROR/ORDER AMENDING PARTIAL DECREE
QUENNIFER\Orders\orderamendpd.doc Page 1