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Home My WebLink About929448 1(\1 mJ. '("" 000 ~ ~&3 ~~ ·00 00029 '-\ , d.\o !en 07-,0 c? //?tJ¡- WYOMING DEPARTMENT OF TRANSPORTATION /20gD// E-115 Rev 8/06 /ðF~ I FILENO. 5/2~"ø1 THIS AGREEMENT, made and entered into this / f day of JÁNllAtfv-V ,20~, by and between the Wyoming Department ofTransportation, it's employees, agents or assigns, hereinafter referred to as "WYDOT" and WATER AGREEMENT Horseshoe Soears Cattle Comoanv. PO Box 33. Ooal, 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 qallons (number of gallons) of water from the following described appropriation: Legal Description 1: Section 23 and NE 1/4 Section 26. T21N. R113W I ({! '5 \1 t1 ~ etz. Territorial· Proof 2823- ,'- (Permit Number) ()?<- 11-12-1884 (Priority) (J-,k 4.92 CFS (Amount of Appropriation) Winslow. Hallock & Caoen (Name of Ditch, Reservoir or Well) a::: w ~ ffi a.. ..... :E 'V 0'1 0::: :E c:"-!CONWW ~3üJz~ ('IJcnc>C>~ 'oo.Nc:t::;;o::: ocna..:>w o -I ~ Wü 'oo.::: Z :!::C> z>- IOZ c:t:1- CS>cowz -:2"':::> Ww 0 2:ü~ ü wWO Z 00:::0 -I W a::I 0 0:: ~ ::¡ Hams Fork River. Trib. Blacks Fork River (Source of Supply) , {)\rv 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 T21N 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 qallons oer day (gallons per day) and said water shall be used in the construction of a portion of WY 240 (highway road number) in the County of Lincoln State of Wyoming, known as Û;' ~/I'5' !) A/ t..j- D: ç....!,;d 9 1208011 (highway project number) E~/;/o/I /1 ~ ¿;., .." E-115 Rev 8/06 d~~94q8 I FILE NO. ISïZ$lR I 000298 Described method and point of withdrawal requested: Water will be taken from the commission point of diversion and piped andlor truck hauled to the proiect and 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 thatwaste 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 WYOOT 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 WYOOT, 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 andlor abandonment of the property hereinabove described, to assume full responsibility forthe condition of such property, and further agrees to hold WYOOT 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 WYOOT'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 WYOOT that requires water for the fulfillment of its contract. All rights, uses and privileges enumerated herein shall extend to and be utilized by said ,¿ 'f "/J~ ¿-~r),'6; 17 3 6 I:::: ç I FILE NO. L~-¡ 2 V'J' I E-115 Rev 8/06 ü::J2S44C) contractor. 0 000299 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. $dJ ..î~ g,J- 0..l.UJéfO ~ .APPROPRIATOR A~~ STATE OF W'llH'1, J .J C- COUNTY OF UN c..o LN ss.: The foregoing instrument was acknowledged before me by ß 1(. L .s~, PrL I C~ e'rJIA '1 (~(v\ :T ó>-l Io,J K ¡,:;:;.n.o, ,.[..5 ,this / JI day of ,Tit./ I.J ~ tL'1 Witness my hand and official seal. ,20 ð ì My commission expires: . THOMAS p, EASLEY· NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN ~ WYOMING MY CO!vlM!SS.I()~ EXPIRES .3 /1 109 J ~I /oB B: b<CcO~ ._ WYOMING DEPARTMENT OF TRANSPORTATION Approved: f0 ~ ~JP-¿ ) 1J1 I 'r /7 It e.X/;,J::J/ f /7 »::¡;: Z» 0-1 fTl '1~::O 0-0 ::OfTl~ 0, n , 0» Zzrn U)OfTl -I" ::00-1 C::O» n 7' -I-IfTl o::OZ C Zn'1 »7'~ ZI57: 0» -oC-I O'I ,fTlfTl ,0 n C-IO ::::::1057: o 57: Z-I- IU) nfTl~ ~-oO -I::OZ ::00-0 OLO ,fTl_ nZ -0-1-1 C ::0»0 -oZ'1 00 U) 0 fTl~< ~-IfTl ::0 U)U) -10 fTlZ ~ ~ " C)- .... "'f-.., ~ n o 57: 57: U) U) o IZ »-0 57:0 U) - Z '1-1 o ::00 7''1 ::00 « fTlfTl ::0::0 ~ U) -1- :;u0 -Z OJ C::¡;: -1- »Z ::oU) -<' o O::¡;: '1~ GJ» ::0' fTl' fTlO Zn 7' ~~ < fTln ::0» -0 fTl Z o -I n I " Ü~2944B 000300 V (} (- Jd I FILENO. 17/ If/R I " I Z~--i Z~--i ~ Üi '" TO KEldMERER 10 KEIotUERER -~: ~ ;;~i F+'IT ~~J.) - ~ lJ- 5~1"" ~ ,\ ~i I .G~I)i' Îf' ~ LJA·r-L L ~,,~,-/ \V~t~~ - . \ . t\\z' " Yí \i N ,~rr)(t~-\J~· J "/'~d, if:J \ "( :¡ " ~ ./~ '* ~L~----':ZI~~~~---;~ '~~' t J I .(If ~ " I . ~ ,\ '\; ;,.' ~ K - 7 / ~ \ll ( . 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"\,V v ,.\ · :)-\ 71\-1 ~~ --Þ-t--" V" \' . .....J' ,,')~{ Y' \ "\ ~ r . r1: ! c \\ (/ ~",rqJ \, ,ì\ ~ \ ) :/1 \ ~f, I~~'" ~I'\ \r \ \/ I I \., A '" ¡;¡ '" /. ~ o n ~ . /~ r ~ o ~z_ Ç)~ r~ga=g ~~ ~ f) ~Q Ç}~êfJa rÇ}~fJ ~~Q~ , 8~~~ i~~~A~ m ~fJv"Jê ~~~OO ~~~ Ç)g~ ~I=i:i ~ uJ~)2~448 00030:1. c/- - -:;.>--_: 'f' I FILE NO. 15/2ý'f I ORDER NO. 07-28 HIGHWAY 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 the Ham's Fork River, 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 WY 240, in the County of Lincoln, State of Wyoming, known as Project No. 1208011. 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, R112W, 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 NE~ NE~ of Section 26, T21N, R112W and piped and/or truck hauled to the area of use for construction of a portion of WYO 240. See the attached map marked "Exhibit B". 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. Ü~;¿;94~S þ {j \- (p I FILE NO. I 5/2 {/,f I , 000302 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 conunission's point of diversion located in the NEXNE~ 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 B". The point of diversion is different from the record point of diversion of the Ditch. During regulation the Water Conunissioner 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 April 27, 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~' n I'2, ~k:j~/ fo STATE ENGINEER April 27, 2007 Order No. 07-28 HWY