HomeMy WebLinkAbout876475Form E -115 8761475
Rev. 3 -97
PEG- %3o 3
7 1300K 474 PR PAGE 376
WO T-8 [i 1:(41
Wyoming Department o ,ranspoxtatioi
I' V E M E'^ 1,',. f l`? ii
WATER AGREE ENT
THIS AGREEMENT, made and entered into 28th day of
(water appropriator's name and address)
hereinafter referred to as "Appropriator."
WITNESSETH:
Commission a total amount of approximately
of water from the following described appropriation:
Legal Description SEC 23 and NE 1/4 SEC 26 T21N R113W
Territorial Proof 2823 Winslow, Hallock Capen
(Permit Nun,er)
11 -12 -1884
(Priority)
4.92 CFS
(Amount of Appropriation)
r
All
(Portion of this Appropriation held by Water
Appropriator)
2. The water to be supplied by Appropriator to the commission shall be supplied at a rate not to exceed
1.0 CFS or about
(gallons per minute or cubic feet per second)
and said water shall be used in the construction of a portion
Lincoln State of Wyoming, known as
1 of 4
0Z 15
RECEIVED vp.
:..INCOLN COUNTY CLERK Exhibit "A
(Source of Supply)
SEC31 T21N R112W
350,000 gallons per day
(acre feet or gallon per day)
Maintenance Stockpiles
(highway road number)
PEG 1303
(highway project number)
FILE NO. 6 Z yiI
August 20 01
by and between the WYOMING TRANSPORTATION COMMISSION, hereinafter referred to as "Commission,"
and Bill Sears, East of Opal, Wyoming, Box 33 Opal, Wyoming 83124
1. Upon receiving authority from the State Engineer, State of Wyoming, Appropriator shall deliver to the
1,000,000 gallons
(number of gallons, acre feet)
(Name of Ditch, Reservoir or Well)
Hams Fork, Tributary Blacks Fork River
(Location of Record Point of Diversion of Ditch or
Outlet of reservoir or Well under this Appropriation)
NE 1/4 NE 1/4 SEC 26 T21N R113W
(Location of Commission's Point of Diversion)
in the county of
O I;, '5 2 oF-
FILE NO.
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 flow 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ground water source, in order to insure no additional volume of water is withdrawn from the ground water source, in
excess of what is historically withdrawn for the use(s) authorized by the ground water permit described in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 term of this Agreement, the Commission 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 the
Commission or by the Appropriator.
5. The Commission agrees to furnish one (1) copy of a sketch map or any other map necessary for transmittal
with this Agreement showing the Commission's 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 and in consideration of the water 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 prescribed in the current edition of the Specifications For Road and Bridge
Construction, adopted by the Wyoming Transportation Commission, the foregoing to be full consideration for this
Agreement and paid or performed by the Commission at its sole cost and expense.
7. This Agreement shall be in existence and binding upon the parties hereto for a term of Two (2) Years
(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
the Commission 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 the Commission.
9. The Commission 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 the Commission are reasonably 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 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 state purpose only. Appropriator is to be paid the
additional sum of $100.00 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 the Commission 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.
This Agreement is made pursuant to Section 41 -10.0 W.S.1957, as amended, authorizing the temporary
acquisition of adjudicated or valid unadjudicated water rights for highway construction purpose by purchase, gift or
lease by the Commission and providing for the method of said acquisition.
2 of4
IT IS DEFINITELY UNDERSTOOD AND AGREED'BY THE PARTIES HERETO THAT Tiff ILE NO. 1 S
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 hereinabove written.
WYO
By:
this
Witnes
Approved:
G DEPARTMENT OF TRANSPORTATION APP PRIATOR:
STATE OF W'Oaa
COUNTY OF 1 --1 ti/ c L. n/
The foregoing instrument was acknowledged before me by R /L C, S
My Commission expires:
STATE OF
COUNTY OF
FhP
.da da of
an8%offlCial's
COUNTY OF STATE OF
t WYOMING
LINCOLN
MY COMMISSION r`` Ph!ES h-�
Witness my hand and official seal.
My Commission expires:
ss:
WV cMIx1 G-
L /r.lCOLA/
Date
this 3j day of A tic, v,s
iU
it
COUNTY OF STATE OF
Ih LINCOLN F:f WYOMING
V MY COMMISSION EXPIRES •q I7 /O y
State Engineer of Wyoming
ss:
The foregoing instrument was acknowledged before me by j c� yi,J R EQ tiIS
THOMAS R EASLEY NOTARY PUBLIC
3 of 4
Tax I.D. /Social Security Number
,20 D
,20 D
Notary Public
Notarv'Public
378
TG
OPAL
950 PIT AND CRUSHER SITE
SEC 23 T21N R113W
12
24
36
4
R 114 W
PROL.I-
I- \A
L \CO
29
COMMISSION POINT OF DIVERSION
NE 1 /4NE 1 /4SEC26 T21N R113W
32
C
P-G
S
CO,
28
33
R 113 W
27
34
WATER WILL BE TAKEN FROM THE COMMISSION POINT OF DIVERSION
AND PIPED AND /OR TRUCK HAULED TO THE PROJECT AND PIT SITE
FOR CONSTRUCTION AND POLLUTION CONTROL PURPOSES
6/6
35
T
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RECORD POINT OF DIVERSION
SEC 31 T21N R 112W
6 5 4
WINSLOW, HALLOCK CAPEN DITCH
FILE NO.
36
L
c
7
18
19
30
379
T
21
N
TO
GRANGER
T
20
N
R 112 W
ORDER NO. 01 -32 HWY
and the State Engineer finds as follows:
b I
FILE NO. r5
380
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, R112W,
Territorial Appropriation, Proof No. 2823;
That said Wyoming Department of Transportation is
constructing a portion of Stockpile Maintenance, in the County of
Lincoln, State of Wyoming, known as Project No. PEG 1303. 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 domestic, irrigation and stock purposes. The
appropriation is held by Bill Sears.
That said water is to be diverted from Ham's Fork in the NE'%
NE% of Section 26, T21N, R113W and piped and /or truck hauled to
the pit site for construction and pollution control purposes. See
the attached map marked "Exhibit B
That the Wyoming Department of Transportation and Bill Sears
have made and entered into a certain agreement, dated August 28,
2001, 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.
September 27, 2001
Order No. 01 -32 HWY
6 OF
or STATE ENGINEER
381
FILE NO. I 6
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
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.
The water will be diverted from the commission's points of
diversion located in the NEWE of Section 26, T21N, R113W and
piped and /or truck hauled to the pit site for construction and
pollution control purposes. See the attached map marked "Exhibit
B".
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 September 27,
2003, or until said Project No. PEG 1303 is complete, whichever
comes first, at which time said water shall revert to their former
use, all as provided by Wyoming Statute 41 -3 -110.
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