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WYOMING DEPARTMENT OF TÁANSPORTATION
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WATER AGREEMENT
, . -b.- __ I FILE NO. .5jZ~.f
THIS AGREEMENT, made and entered into this / J day of J t2-"1utJ V' <- , 20...!IL.,
by and between the Wyoming Department of Transportation, it's employees, agents or assi ns, hereinafter referred
to as "WYDOT" and
Horseshoe Spears Cattle Company. PO Box 33. Opal. WY 83124
(water appropriator's name and address)
hereinafter referred to as "Appropriator."
WITNESSETH:
1. Upon receiving authority from the State Engineer, State of Wyoming, Appropriator shall make available
to WYDOT a total amount of approximately 1.000.000 aallons
(number of gallons)
of water from the following described appropriation:
Legal Description 1:
Section 23 and NE 1/4 Section 26. T21N. R113W
RECEIVED 3/19/2007 at 11 :45 AM
RECEIVING # 927697
BOOK: 651 PAGE: 610
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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Territorial - Proof 2823
(Permit Number) / /~/ '"
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11-12-1884 r 4' \)0
(Priority)
4.9fèFS
(Amount of Appropriation)
Winslow. Hallock & Capen
(Name of Ditch, Reservoir or Well)
~_:';;r' .~~<'":, ~. i 'r"\ :;- "/:;. 1"'
Hams Fork River. Trib. Blacks Fork River
(Source of Supply)
0'"
Section 31. T21N. R112W
(Location of Record Point of Diversion of
Ditch or Outlet of Reservoir or Well under
this Appropriation)
All
(Portion of this Appropriation held by Water Appropriator)
NE 1/4 NE 1/4 SEC 26 T21 N R112W
(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 1.0 CFS
(gallons per minute or cubic feet per second)
and 350.000 aallons per day
(gallons per day)
and said water shall be used in the construction of a portion of
US30
(highway road number)
in the County of
Lincoln ,
State of Wyoming, known as
D, '~11'5('--¡\j t
¡)/ç /r,'c ì q
9,5"0 Pit
(Ri§l:1way ~r9j9st Rblmegr)
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03Z769'~;
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I FILE NO. I.s- / Z I/tf
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E-115
Rev 8/06
Page 2 of 4
Described method and point of withdrawal requested: Water will be taken from the commission
point of diversion and piped and/or truck hauled to the 950 Pit site.
1 See Item 3 of Instruction on back page.
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 on 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 100 cents per thousand gallons,
the quantity to be determined according to methods 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
Two (2) Years from and after the date of approval by the State Engineer or until
(length of time)
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 $0.00 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
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U9Z?697
000612
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I FILE NO. I,Ç/ 2tf? ,
E-115
Rev 8/06
Page 3 of 4
contractor.
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 PAYMENT 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 herein above written.
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A ROPRIAI R '
STATE OF LJ'1 cJ 11 , AJ C....
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The foregoing instrument was acknowledged before me by
, this Iii day of ,]"" A-W' u,..-n ï
Witness my hand and official seal.
,20 UÎ
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"'- THOMAS P. EASLEY - NOTARY PUBLIC
COUNTY OF
LINCOLN
My commission ex I ires:MY CO~~~SION E
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WYOMING DEPARTMENT OF TRANSPORTATION
Approved:
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000614
ORDER NO. 07-12 HIGHWAY
S- OJ- 'P
I FILE NO. I£"( zl/-t
The Wyoming Department of Transportation having filed a Water
Agreement for approval of the purchase and use of direct flow
water from the Winslow, Hallock and Capen Ditch, diverting from
Ham's Fork, tributary Black's Fork River, tributary Green River,
with a record point of diversion in Section 31, T21N, Rl12W,
Territorial Appropriation, Proof No. 2823;
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. 950 Pit. See the attached map
marked "Exhibit B".
That, in connection with 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 Winslow, Hallock and Capen Ditch, with a record point of
diversion in Section 31, T21N, Rl12W, Territorial Appropriation,
Proof No. 2823. The right is adjudicated, with a priority date of
November 12, 1884. The amount of the appropriation is 4.92 c.f.s.
to be used for stock, domestic and irrigation purposes. The
appropriation is held by Horseshoe Spears Cattle Company.
That said water is to be diverted from Ham's Fork in the NEX
NEX of Section 26, T21N, Rl12W and piped and/or truck hauled to
the pit site for construction and pollution control purposes. See
the attached map marked "Exhibit BU.
That the Wyoming Department of Transportation and Horseshoe
Spears Cattle Company have made and entered into a certain
agreement, dated January 18, 2007, 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 1
cubic foot per second or 350,000 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 Agreement should be granted and said
agreement ratified and approved.
092769'¥'
0006.15
'V of ~
I FILE NO. I 5"/211 (
The Wyoming Department of Transportation 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
supervision of the Water Commissioner.
The Winslow, Hallock and Capen Ditch will be regulated by the
Water Commissioner to protect the appropriators who might be
affected 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.
The water will be diverted from the commission's point of
diversion located in the NEXNE~ of Section 26, T2lN, Rl12W and
piped and/or truck hauled to the pit site for construction and
pollution control purposes. See the attached map marked "Exhibit
B".
The point of diversion is different from the record point of
diversion of the Ditch. During regulation the Water Commissioner
may require the point of diversion to be moved to the record point
of diversion.
The maximum rate of diversion will be 1 cubic foot per second
or 350,000 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 agreement be, and the
same is hereby ratified and approved, and that the Wyoming
Department of Transportation is authorized to purchase and use
said water, as provided for in said agreement, until February 5,
2009, or until said uses are complete, whichever comes first, at
which time said water shall revert to their former use, all as
provided by Wyoming Statute 41-3-110.
February 5, 2007
Order No. 07-12 HWY