HomeMy WebLinkAbout875984 ~ l~:ii c, Q i ~.J 0 O, U ?,. 'F'( O L E R }( Exhibit "A"
THIS AGREEMENT, made and ente;'ed into i,~ day of ~&t~' ;, ~ ~ 20 ~:' ,
by and between the WYOMING ~AB"SPORTATION COMMISSION, hereinafter referred to as "Co~ission,"
and Kenny Peterson, Box 422, C(.keville, WY 83114 & Roland Willis, 12837 County Road 207, Cokeville,
WY 83114
(water appropriator's name and address)
hereinafter referred to as "Appropriato~'/)~
WITNES SETH:
1. Upon receiving authority from th:~:~State Engineer, State of Wyoming, Appropriator shall deliver to the
Commission a total amount of approxi:?~ately 3,000,000 ~allons
.~:~ (number of gallons, acre feet)
of water from the following described appropriation:
Legal Description ---
Territorial - Proof 8923 Twin Creek Ditch
(Permit Number-)/,. : (Name of Ditch, Reservoir br Well)
11-30-1878 Twin Creek~ Trib. Bear R}ver '~''
i
(Priority) ,. (Source of Supply) .
16.50 CFS ' 12-21-120 /
(Amount of Appropriation} (Location of Record Point of Diversion of Ditch or
Outlet of reservoir or Well under this Appropriation)
ALL " SE 1/4 NE 1/4 SEC12 T21N R120W
(Portion of this Appropriation held ~:y Water Location of Commission's Point of Diversion)
Appropriarqr)
2. The water to be supplied by Appropriator to the commissmn shall be supplied at a rate not to exceed
450 gallons per minute or about 30d,ooo gallons per da), ,
(gallo, ns per minute or cubic feet per sdcond) (acre feet or gallon per day)
and said water shall be used in the consiiruction of a portion U.S. 30 in the county of
(highway road number)
Lincoln ,_ .~ate of Wyoming, known as ~'~'l P~ ~ -- 0N12-01(103)
(highway project nmnber)
1 of 4
3. It is understood and agreed by thc appropriator that (a) if the source of supply is ~rom a ~miac~ w~ttm' £xgnt, in
order to satisfy the consumptive use-ret!irn flow formula set forth in Wyoming law, it be necessary for the
appropriator to forego up to double the i~mount 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 insure rio additional volume of water is withdrawn from the ground water source, in
excess of what is historically withdrawn:for the use(s) authorized by the ground water permit described in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, m!i equivalent volume of water will be changed from the use(s) authorized in
the permit, to this temporary use, and th~:i appropriator will forego the amount of water pumped under this
agreement, for the original use(s).
4. Through the term of this Agreem,,i!nt, the Commission agrees that day to day water withdrawals hereunder
shall be in such nearly even quantities
Commission or by the Appropriator.
5. The Commission agrees to furnist:~' one (1) copy of a sketch map or any other map necessary for transmittal
with this Agreement showing the Comrr~:,ssion's proposed point of diversion, general layout of system and the
proposed point of use. The items to be !!,epicted on said map shall be shown with reasonable accuracy within the
proper legal subdivision, section, townsi:ip and range.
6. For and in consideration of the wi?~.ter to be furnished under the terms of this Agreement, the Commission
agrees that Appropriator shall receive in payment thereof 50 cents per thousand gallons, the quantity to be
determined according to methods prescr:bed in the current edition of the Specifications For Road and Bridge
Construction, adopted by the Wyoming :i?ransportation Commission, the foregoing to be full consideration for this
Agreement and paid or performed by th~:i Commission at its sole cost and expense.
7. This Agreement shall be in exis!,'.'nce and binding upon the parties hereto for a term of 2 Years
(Length of time)
from and after the date of approval by tk.~ 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 re'ruination of this Agreement and/or abandonment of the property
hereinabove described, to assume full re~;ponsibility for the condition of such property, and further agrees to hold
the Commission harmless from any and:all claims by or liability to third parties arising after the t~rmination of the
Agreement and/or abandonment of the l;iroperty by the Commission.
9. The Commission shall have the d. ght 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 the Commission are reaso~ably necessary for the purpose of exercising any and all of the
Commission'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 Commission shall have the right to use such land
of Appropriator necessary fol' & haul roa;l if such water is moved by tank truck. The location of such road shall be
mutually located by the parties hereto a~:.~ shall be used for the state purpose only. Appropriator is to be paid the
additional sum of None fo? 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 her{:!o'that the purpose of this Agreement is for the benefit of the parties hereto
and any contractor working under a valSi, contract with the Commission that requires water for the fulfillment of its
contract. All rights, uses and privileges' ~:numerated herein shall extend to and be utilized by said contractor.
This Agreement is made pursuant to ';ection 41-10.0 W.S. 1957, as amended, authorizing the temporary
acquisition of adjudicated or valid unad:.i'~dicated water rights for highway construction'purpose by purchase, gift or
lease by the Commission and providing J:0r the method of said acquisition.
2 of 4
IT IS DEFINITELY UNDERSTOOI:ii'AND AGREED BY THE PARTIES HERETO
DEPARTMENT IN NO WAY GUARANTEES OR ASSURES THE LANDOWNER THAT ANY WATER WILL
BE TAKEN FROM THE APPROPRIATION; THAT ROYALTY PAYMENT TO THE LANDOWNER WILL BE
MADE ONLY IF WATER IS ACTUAI,LY REMOVED IN MEASURABLE QUANTITIES.
IN WITNESS WHEREOF, the partie :;: hereto have caused this Agreement to be executed on the day and year
first hereinabove written. ,~ . ~~~'
W¥OM ,G DEPARTMENT OF TRA ' PORTATIoN APPROPRIATOR
Tax I.D./Social Security Number
STATE OF WyO~
SS:
COUNTY OF Cr~ ~o
The foregoing instrument was acknowled:~ed before me by
this /~ . day of ~ ~O.~'z~ ,20 O /
Witness my
cou~oF
~~~:~(~ Notary
Cm~ssion ex ires:
My ion expires:
STA~ OF p
~e :foregoing instrument was acknowledged beforeme by ~O~ ~ [~ ~ ~ .~3 ,
this [ ~. day of
Witness my hand and official saal..
LILLY HAMELIN
S~E~ATER ~ ~?~NG { ~1 Not~u~li;
Approved:
z~z
The Wyoming Department of Transportation having filed a Water
Agreement for approval of :':~he purchase and use of direct flow water from
the Twin Creek Ditch, dive:,l,',ting from the Twin Creek, tributary Bear River
with a record point of ~diversion in the Section 12, T21N, R120W,
Territorial Permit, Proof 5!o. 8923;
and the State Engineer fincs as follows:
That said Wyoming De~iartment of Transportation is constructing a
portion of u.s 30, in th '.ii County of .inooln, State of Wyomi&g, known
· as
Project No. CMP-PO-0N12-01(I'03).. See the attached map marked "Ekhibit B".
That, in connection wig!lib said construction work, it is necessary that
said Wyoming Department of Transportation have considerable water
available to it:
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 i'i:lght is adjudicated, with a priority date of
November 30 1878 The am.iDunt of the appropriation is 16 5 c f s to be
used for irrigation purposes. The appropriation is held by the Kenny
Peterson and Roland Willis
That said water is t'o:~ be diverted by pump from .Twin Creek at the
following point of diversien:
The SE~Eh of Section ~2, T21N, R120W
Water will be pumped into ti=:ucks to haul to the project, or will be pumped
through a pipeline to the project for use in dust control, dirt
compaction, crushing and ~ollution control On the project. See the
attached map marked "~xhibi~i B".
That the Wyoming. Department of Transportation and Kenny Peterson and
Roland Willis have mabel and?entered into a certain agreement, dated August
13, 2001, relating to' the u~e and purchase of said water in the amount of
approximately 3,000,000 gallons to be diverted at. a rate not to eXceed a
maximum ~of 450 gallons per,minute or 300,000 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
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 Agreiement should be granted and said agreement
ratified and approved·
The Commission is to inform the Water Commissioner of the date they
wish to begin diverting water, and this diversion of water will be done at
all times under the superv[%ion of the Water Commissioner.
N~~~ I FILE NO. I F B
The Twin Creek Ditoh :,zill be regulated by the Water Commissioner to
protect the appropriators ~:ho might be affects by this agreement. At all
times when water is being ~!:[iverted for'construction purposes as outlined
herein, the allowable amount of wa%er for diversion to serve the
irrigation righ'ts of this ditch will be reduced by double the amount of
water withdrawn for said .?purpos s. This reduction in diversion will
compensate the stream for .ceturn flows which would have resulted if the
water had been used for record purposes. Additional adjustments will be
made if necessary to protee[h the other affected water users.
This agreement can on:!ly be honored during this historic irrigation
period, therefore, if water~ is to be used in the non-irriga'tion period, an
application for direct flowi~ for temporary use will be in order.
If the point of div~?rsion is different from the record point of
diversion of the Twin ~ilCreek Ditch, during regulation the Water
the point of diversion to be moved to the Twin
Commissioner may require
Creek Ditch.
The water will be pump~md from the commission's pointS of diversion in
the SE~Eh of Section 12, T21N, R120W
Water will be pumped into t'=ucks to haul to the project, or will be pumped
through a pipeline to the project for use in dust control, dirt
compaction, crushing and ?~ollution control on the project. See the
attached map marked ~Exhibit B".
The maximum rate of ~'diversion will be 450 gallons per minute or
300,000 gallons per day.. The total amount of water used under this
agreement must not exCeed 3i'~000,000 gallons.
"~ and the same is
IT IS, THEREFORE, OR£,:RED that said agreement be,
hereby ratified and app¥'oved, and that the Wyoming Department of
Transportation is aut'horiz~!d to purchase and use said water, as provided
for in said agreementI, until September 6, 2003, or until said Project No.
CMP-PO-0N12-01(103) is complete, whichever comes first, at whict[ time said
water shall revert to their: former use, all as provided by Wyoming Statute
41-3-110.'
September 6, 2005
Order No. 01-35 H~Y