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Home My WebLink About943850 RECEIVED 11/26/2008 at 11 :24 AM RECEIVING # 943850 BOOK: 709 PAGE: 845 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CERTIFICATE üO,,845 THE STATE OF WYOMING) COUNTY OF LARAMIE ) SS STATE ENGINEER ) I, John R. Barnes, of the STATE OF WYOMING, do hereby certify that the following document, which is attached, is a full, true, and con-ect original document, as the same which appears on record or on file in the State Engineer's Office and of which I have legal custody, namely: The Order Granting the Petition for diversion of water from Bruner Creek, tributary Smith's Fork, through Curtis Pump and Pipeline (Permit No. 22495) in Exchange for an equal amount of water left undiverted from Smith's Fork, Tributary Bear River, under priority of 09-05-1911, Permit No. 2585 Enl., (Wheelock Ditch as previously changed to Covey Canal). IN WITNESS WHEREOF, I hereunto set my hand at Cheyenne, Wyoming this 31st day of October, 2008. SHIRlEV TOPPENBEAO NOTARY UBLIC COUNTY OF _ STATE OF LAA"MIE ., WYOMING MV CO.....'<",,! ," E>,r"'E~ J.'" 2 2011 ,,....::%~<, .'~.- . '':'':-~''~-::''~'~'.':'' ....,"^;...oo.¡;..-..:~, R. BARNES linistrator, Surface Water And Engineering Division Subscribed and sworn to before me this 31 st day of October, 2008. ~c;L d~ J:.d-/10_- h ~ NOT.;;¡'~ ~7- My commission expires -r . d./ ;).0 / J STATE ENGINEER DOCKET NO. 07-01-04 PETITION FOR DIVERSION OF WATER FROM ) BRUNER CREEK, TRIBUTARY SMITH'S FORK, ) THROUGH CURTIS PUMP AND PIPELINE (PERMIT ) NO. 22495D) IN EXCHANGE FOR AN EQUAL ) AMOUNT OF WATER LEFT UNDIVERTED FROM ) SMITHS'S FORK, TRIBUTARY BEAR RIVER, UNDER ) PRIORITY OF 09-05-1911, PERMIT NO. 2585E. ) (WHEELOCK DITCH AS PREVIOUSLY CHANGED TO ) COVEY CANAL. ) 000846 BEFORE THE STATE ENGINEER CHEYENNE, WYOMING ORDER GRANTING AN EXCHANGE OF DIRECT FLOW WATER LEFT UNDIVERTED FROM THE SMITH'S FORK IN LIEU OF THE DIVERSION OF AN EQUIVALENT AMOUNT OF DIRECT FLOW WATER FROM BRUNER CREEK Petitioner, Erick W. Esterholdt and Jeanne M. Esterholdt, husband and wife, of Box 128, Cokeville, Wyoming 83114, County of Lincoln, State of Wyoming having petitioned the State Engineer for an ORDER granting an exchange of direct flow water left undiverted from the Smith's Fork in lieu of the diversion of an equivalent amount of direct flow water from Bruner Creek and the State Engineer having reviewed the records in this matter and being duly and fully advised in the premises, does hereby find and conclude as follows: FINDING OF FACT 1. THAT Erick W. Esterholdt and Jeanne M. Esterholdt, are the sole owners of the valid adjudicated water right to be exchange which is identified as follows: Part of the Mrs. Nannie R. Stoner Appropriation under permit No. 2585Enl., the Wheelock Ditch; of record in Order Record 5, page 316, Certificate Record 38, page 268; Proof No. 14622 diverting water form Smith's Fork, tributary Bear River, under priority of 09-05-1911, (with the point of diversion changed in accordance with Order Record 38, page 43 and the point of diversion and means of conveyance changed to the Covey Canal in accordance with Order Record 44, page 162) for 20 acres (0.29 cfs) with supplemental supply via the Curtis Ditch, Permit No. 22495 with priority of 04-04-1963 adjudicated of record in Order Record 17, page 91; Certificate Record 67, page 310, Proof No. 27896 for twenty acres diverting from Bruner Creek, tributary Bear River. 2. THAT the petitioners desire to make an exchange of water each irrigation season while their 1911 right is in priority by diverting from Bruner Creek (utilizing the Curtis Pump and Pipeline, a Board of Control authorized facility, diverting from Bruner Creek at a point of N440- 09'W, 1982 feet from Corner No. 6 of Tract No. 78, T25N, Rl18W) their 20-acre 1911 entitlément from Smith's Fork, tributary Bear River, under Permit No. 2585Enl.; and making-up the water taken from Bruner Creek by leaving undiverted an equal amount of the 1911 right from Smith's Fork. 3. THAT the Bruner Creek enters Smith's Fork (after being turned-out of the Covey Canal) about 6000 feet downstream of the record Covey Canal headgate on Smith's Fork (located N5°-00'W, 2210.0 feet from the Sl/4 Corner of Section 30, T25N, Rl18W) making a replacement to the system which STATE ENGINEER DOCKET NO. 07-01-04 maintains a live stream to Idaho for delivery of their share under the Bear River Compact's Central Division. ÜOô847 4. THAT the present 1911 entitlement for your petitioners from the Covey Canal requires a pumping arrangement to deliver the water to lands for your petitioners as they are above the canal. By utilizing the Curtis Pump diversion on Bruner Creek a duplication of pumping facilities has been eliminated making the irrigation of their lands more economical; and by exercising the 1911 right by exchange the petitioners are also able to remain on for awhile longer after interstate regulation puts their 1963 Supplemental Supply out of priority. Interstate regulation suffers no impact when the 1911 priority is taken from Bruner Creek instead of Smith's Fork, since the Compact treats the source together. Only in the unlikely event of a shortage on Bruner Creek would State priority regulation impose on this exchange a reversion to the 1963 priority of the Supplemental Supply. 5. THAT the lands to be benefited by the exchange are described as follows: TOWNSHIP 25 NORTH, RANGE 118 WEST Tract No. 78 Lot 27 18 acres Lot 20 2 acres Total 20 acres Further, it is noted that by concurrent petition to the Board of Control, the Curtis Pump and Pipeline is to be made part of the public record as an alternate point of diversion and means of conveyance of the Curtis Ditch. 6. THAT there are no record intervening points of diversion (headgates) on Smith's Fork between point of diversion of the Covey Canal (Smith's Fork Irrigation District) and the mouth of Bruner Creek; and the one intervening point of diversion (Haggerty No. 3 Ditch) downstream on Bruner Creek (owned by Lynn Diamond) is senior to the Curtis Pump's supplemental right, which intervening senior right has the ability to call-out this exchange if a shortage occurs on Bruner Creek. 7. THAT there are no record intervening tributaries or other sources of supply which might affect the rights of other appropriators. 8. THAT this exchange will remain in effect indefinitely, during each irrigation season until the Petitioner requests termination of said exchange or its termination is deemed necessary by the State Engineer. CONCLUSIONS OF LAW 1. THAT the State Engineer has the authority to consider such an exchange as specified in W.S. 41-3- 106(a). 2. THAT the appropriation under Permit No. 220495D and Permit No. 2585E as detailed above are all a matter of record with the State Engineer and the State Board of Control. 3. THAT the petition for the exchange. of direct flow water left undiverted from the Smith's Fork in lieu of the diversion of an equivalent amount of direct flow water from Bruner Creek can be allowed without injury to other STATE ENGINEER DOCKET NO. 07-01-04 appropriators provided certain conditions set forth in the ORDER are complied with. ûO&848 4. THAT the petition for an EXCHANGE of direct flow water left undiverted from the Smith's Fork in lieu of the diversion of an equivalent amount of direct flow water from Bruner Creek should be granted. ORDER THEREFORE, IT IS HEREBY ORDERED THAT the petition for an exchange of direct flow water left undiverted from the Smith's Fork in lieu of the diversion of an equivalent amount of direct flow water from Bruner Creek is hereby granted subject to the following conditions and limitations: 1. THAT the Water Commissioner of the District in which the exchange is to occur must be notified at least 24 hours prior to the initiation of said exchange in accordance with stream administration policies as may be directed by the State Engineer and the State Board of Control, and shall assure that all appropriators are fully protected in accordance with their respective stream priorities; 2. THAT the exchange may only be made when it can be accomplished without injury to all other appropriators; 3. THAT this exchange shall remain in effect until dissolved by request of the petitioners herein named, their heirs and/or consignees and shall be binding on the same, and such request must be granted by ORDER of the State Engineer which shall rescind and supersede this ORDER. 4. THAT this ORDER and the accompanying petition will be recorded in Miscellaneous Records or the State Engineer's Office in Book ] 6 ,on Pages 111 through 116 and appropriate references to said ORDER and petition will be endorsed on the proper permits in the State Engineer's office and the adjudication records in the Office of the Board of Control; also that this ORDER will be recorded in the Office of the County Clerk of Lincoln County, State of Wyoming. DONE this (0 County, Wyoming. day of éJcfb~e,r , 2008, in Laramie ~~- Patrick T. Tyrre 1, State Engineer STATE OF WYOMING SS STATE ENGINEER The forgoing instrument was duly recorded in Miscellaneous Records Book 16 , Pages 111 through 116 /71;.,~ (j, ' (j( /¿ ~ Clèrk