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WATER AGREEMENT
¡oF?
I.F'ILE NO. GΠ2 01--1
THIS AGREEMENT, made and entered into this 14 day of September ,20 05 , by and between the
Wyoming Department of Transportation, it's employees, agents or assigns, hereinafter referred to as "WYDOT" and
hereinafter referred to as "Appropriator."
Kenny Peterson, Box 422, Cokeville, WY 83114
(water appropriator's name and address)
WITNESSETH:
1. Upon receiving authority from the State Engineer, State of Wyoming, Appropriator shall make available to the WYDOT a
total amount of approximately 1 ,000,000 Gallons
(number of gallons)
of water from the following described appropriation:
Legal Description 1:
RECEIVED 11/14/2005 at 11:11 AM
RECEIVING # 913668
BOOK: 604 PAGE: 600
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Territorial -Proof 8923
Twin Creek Ditch, and Rock Creek
!
'\
(Permit Number)
(Name of Ditch, Reservoir or Well)
/'
11..30..1878 Oi c
(Priority)
Twin Creek, Trib, Bear River
(Source of Supply)
16,50 CFS Dt<
(Amount of Appropriation)
. dq
12-21..120
(Location of Record Point of Diversion of Ditch or Outlet of
Reservoir or Well under this Appropriation)
ALL
SE 1/4 NE 1/4 SEC 12 T21N R120W and SW1/4 SEC 4 T21N
. -
R118W
(Portion of this Appropriation held by Water Appropriator)
(Location of Commission's Point of Diversion)
2. The water to be made available by Appropriator to WYDOT shall be made available at a rate not to exceed a maximum
of 450 qallons per minute ånd 250,000 qallon per day
(gallons per minute or cubic feet per second)
and said water shall be used in the construction of a portion of
(gallons per day)
U.S. 30
in the County of
Lincoln
(highway road number)
State of Wyoming, known as NH-ON12-01(108)
(highway project number)
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3. It is understood and agreed by the Appropriator that (a) if the source of supply is from a surface water right, in order to satisfy the
consumptive use-return formula set forth in Wyoming law, it be necessary for the Appropriator to forego up to double the amount of water diverted
under this Agreement as specified in paragraphs 1 and 2, unless an adjustment is made in this requirement by the State Engineer, (b) if the source
of supply is from the ground water source, in order to insure no additional volume of water is withdrawn from the ground water source, in excess
of what is historically withdrawn for the use(s) authorized by the ground water permit described in paragraphs 1 and 2 of this Agreement, an
equivalent volume of water will be changed from the use(s) authorized in the permit, to this temporary use, and the Appropriator will forego the
amount of water pumped under this Agreement, for the original use(s).
4. Through the terms of this Agreement, WYDOT agrees that day-to-day water withdrawals hereunder shall be in such nearly even
quantities as possible to the end that waste thereof shall not be created either by WYDOT or by the Appropriator.
5. The WYDOT agrees to furnish one (1) copy of a sketch map or any other map necessary for transmittal with this Agreement showing
the WYDOT proposed point of diversion, general layout of system, and the proposed point of use. The items to be depicted 011 said map shall
be shown with reasonable accuracy within the proper legal subdivision, section, township and range.
6. For an in consideration of the water to be furnished under the terms of this Agreement, WYDOT agrees that Appropriator shall receive
in payment thereof $1,00 cents per thousand gallons, the quantity to be determined according to met/lads prescribed
in the current edition of the Specifications for Road and Bridge Construction, adopted by WYDOT, the foregoing to be full consideration for this
Agreement and paid or performed by WYDOT at its sole cost and expense,
7. This Agreement shall be in existence and binding upon the parties thereto for a term of 24 Months
(length of time)
from and after the date of approval by the State Engineer or until such time as the total amount of water contracted for has been supplied,
whichever occurs first, but in no event shall exceed a period of two years.
8. The Appropriator agrees, upon termination of this Agreement and/or abandonment of the property hereinabove described, to assume
full responsibility for the condition of such property, and further agrees to hold WYDOT harmless from any and all claims by or liability to third
parties arising after the termination of the Agreement and/or abandonment of the property by WYDOT.
9. WYDOT shall have the right of ingress and egress to and upon the Appropriator's property at all times, and the right to place, install
and maintain thereon such equipment, pipelines and apparatus as in the judgement of WYDOT are reasonably necessary for the purpose of
exercising any and all of WYDOT's rights herein granted and further right to enter upon such property to remove any such equipment and
apparatus placed thereon.
10. It is further agreed by and between the parties hereto, that WYDOT shall have the right to use such land of Appropriator necessary
for a haul road if such water is moved by tank truck. The location of such road shall be mutually located by the parties hereto and shall be used
for the stated purpose only. Appropriator is to be paid the additional sum of None for use of said road and as
complete satisfaction for all damages anticipated as usual or expected due to such use.
11. It is the intent of the parties hereto that the purpose of this Agreement is for the benefit of the parties hereto and any contractor
working under a valid contract with WYDOT that requires water for the fulfillment of its contract, All rights, uses and privileges enumerated herein
shall extend to and be utilized by said contractor,
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IT IS DEFINITELY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THE DEPARTMENT IN NO WAY GUARANTEES
OR ASSURES THE LANDOWNER THAT ANY WATER WILL BE TAKEN FROM THE APPROPRIATION; THAT ROYALTY PA YMENT TO THE
LANDOWNER WILL BE MADE ONLY IF WATER IS ACTUALLY REMOVED IN MEASURABLE QUANTITIES.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written,
WYOMING DEPARTMENT OF TRANSPORTATION
APPROPRIATOR:
BY¥b E.0'£2. '
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Q¡3--03Z(D2 L¡
Tax I.D./Social Security Number
STATE OF W'1o M/ ¡J (,.-
ss,:
COUNTY OF l , t ^! r: (1 c ,u
The foregoing instrument was acknowledged before me by
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F.;;CTGR.sùf'...1
, this I {"" -S"-
day of 5~PIc¿:µ¡.ß(~ ,20 OS
Witness my hand and official seal.
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Approved:
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CO!HTY OF ~~"'i¡' C' '. ",.' t
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COUNTY OF.s \'j'Hu~.:;h,.ucif-{r S5: -~-""",,,,,,,,,",,~,,,,,
The foregoi ng instrument was acknowl edged before me by .jo~l1-~ E.. dd.; Ii::)
this 3 day of Oc....t-- ,20-º--.f;.--
t'Jitness my hand and offi ci a 1 seal.-
My co~nission expires;
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ORDER NO. 05-26 HWY
The Wyoming Department of Transportation having filed a Water
Agreement for approval of the purchase and use of direct flow
water from the Twin Creek Di tch, diverting from the Twin Creek,
tributary Bear River with a record point of diversion in the
Section 12, T21N, R120W, Territorial Permit, Proof No. 8923¡
and the State Engineer finds as follows:
That said Wyoming Department of Transportation is
constructing a portion of u.S. 30, in the County of Lincoln, State
of Wyoming, known as Project No. NH-ON12-01(108). See the
attached map marked "Exhibit B".
That, In connection with said construction work,
necessary that said Wyoming Department of Transportation
considerable water available to it:
it is
have
That the most practicable source of said water is from the
Twin Creek Ditch, with a record point of diversion in the Section
12, T21N, R120W, Territorial Permit. The right is adjudicated,
with a priority date of November 30, 1878. The amount of the
appropriation is 16.5 c.f.s. to be used for irrigation purposes.
The appropriation is held by the Kenny Peterson.
That said water lS to be diverted by pump from Twin Creek at
the following points of diversion:
The SEXNE~ of Section 12, T21N, R120W and SW4 of Section 4,
T21N, Rl18W.
Water will be pumped into trucks to haul to the project, or will
be pumped through a pipeline to the proj ect for use in dust
control, dirt compaction, crushing and pollution control on the
project. See the attached map marked "Exhibit BU.
That the Wyoming Department of Transportation and Kenny
Peterson have made and entered into a certain agreement, dated
September 14, 2005, relating to the use and purchase of said water
in the amount of approximately 1,000,000 gallons to be diverted at
a rate not to exceed a maximum of 450 gallons per minute or
250,000 gallons per day, as stated in the executed copy of said
agreement marked "Exhibit A", attached hereto, and by this
reference made a part thereof, and a sketch map showing the
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proposed point of diversion and points of use are marked "Exhibit
B", attached hereto, and by this reference made a part thereof:
That said Water Agreement
agreement ratified and approved.
should be granted and said
The Commission is to inform the í'Jater Commissioner of the
date they wish to begin diverting water, and this diversion of
water will be done at all times under the supervision of the Water
Commissioner.
The Twin Creek Ditch will be regulated by the Water
Commissioner to protect the appropriators who might be affects by
this agreement. At all times when water is being diverted for
construction purposes¡ as outlined herein¡ the allowable amount of
water for diversion to serve the irrigation rights of this ditch
will be reduced by double the amount of water withdrawn for said
purposes. This reduction in diversion will compensate the stream
for return flows which would have resulted if the water had been
used for record purposes. Additional adjustments will be made if
necessary to protect the other affected water users.
This agreement can only be honored during this historic
irrigation period¡ therefore¡ if water is to be used in the non-
irrigation period¡ an application for direct flow for temporary
use will be in order.
If the point of diversion is different from the record point
of diversion of the Twin Creek Ditch, during regulation the Water
Commissioner may require the point of diversion to be moved to the
Twin Creek Ditch.
The
diversion
Section 4,
water will be pumped from
in the SE~EYt of Section
T21N, Rl18W.
the
12,
commission's points of
T21N, R120W and SW;'C
Water will be pumped into trucks to haul to the project,
be pumped through a pipeline to the proj ect for use
control, dirt compaction, crushing and pollution control
project. See the attached map marked "Exhibit BU.
or will
in dus t
on the
The maximum rate of diversion will be 450 gallons per minute
or 250,000 gallons per day. The total amount of water used under
this agreement must not exceed 1,000,000 gallons.
IT IS ¡ THEREFORE ¡ ORDERED that said
same is hereby ratified and approved¡
Department of Transportation is authcrized
agreement be ¡
and that the
to purchase and
and the
Wyoming
use
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said water, as provided for in said agreement, until October 19,
2007, or until said Project No. NH-ON12-01(108) is complete¡
whichever comes first¡ at which time said water shall revert to
its¡ former use¡ all as provided by Wyoming Statute 41-3-110.
October 19¡ 2005
Order No. 05-26 HWY
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