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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