HomeMy WebLinkAbout947068/ or- 7
`Jro FILE NO. I
f 7- V,? Rev E-1 15
8/06
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WYOMING DEPARTMENT OF TRANSPORTATION
WATER AGREEMENT CA00688
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THIS AGREEMENT, made and entered into this I y+h day of ~}Dr, , 20 09 ,
by and between the Wyoming Department of Transportation, it's employees, agents or assigns, hereinafter referred
to as "WYDOT" and
Horseshoe Spear#Cattle Company PO Box 33, Opal WY 83124
(water appropriator's name and address)
hereinafter referred to as "Appropriator."
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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 gallons
(number of gallons)
of water from the following described appropriation:
Legal Description': Section 23 and NE 1/4 Section 26, T21 N R1 13W
Territorial - Proof 2823
(Permit Number)
11-12-1884
(Priority)
4.92 CFS
(Amount of Appropriation)
All
(Portion of this Appropriation held by Water Appropriator)
Winslow Hallock & Capen
(Name of Ditch, Reservoir or Well)
Hams Fork River Trib. Blacks Fork River
(Source of Supply)
Section 31, T21 N, R1 12W
(Location of Record Point of Diversion of
Ditch or Outlet of Reservoir or Well under
this Appropriation)
NE 1/4 NE 114 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 and 350,000 gallons per day
(gallons per minute or cubic feet per second) (gallons per day)
and said water shall be used in the construction of a portion of US 30
(highway road number)
in the County of Lincoln & ,Sweetwater State of Wyoming, known as
121099
(highway project number)
Described method and point of withdrawal requested: Water will be taken from the commission
E-115
Rev 8/06
FILE NO. 7/ Z 5
voint of diversion and piped and/or truck hauled to the 950 Pit site. ,001G89
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. One application of dust control agent
will be applied to the haul road per season of use for pollution prevention purposes.
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 forthe fulfillment
of its contract. All rights, uses and privileges enumerated herein shall extend to and be utilized by said
contractor.
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E-1 FILE NO. 15
Rev 8/06
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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.
APPROPRIATOR
APPROPRIATOR
STATE OF W 0 Yy\ `r G
ss..
COUNTY OF L\ "c_a Ih
00OG90
The foregoing instrument was acknowledged before me by f0.. L\-L W, Sect. r.-s
1~c e s i rlQ,v~~r C) ,t ~s ~ h 0 e STP aq
(,a -4ka- l um2p u mA.Ithis 1 1 day of Aio-c d , 20
Witness my hand and official seal.
Notary Public
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My commission expires:
-13
WYOMING DEPARTMENT OF TRANSPORTATION
Approved:
'F'>'' "a0.
l=o-k State Engineer of Wyoming
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Date
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FILE NO. <-12 Vf
ORDER NO. 09-18 HIGHWAY (E-100691
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, R112W, Territorial Appropriation, Proof No. 2823;
and the State Engineer finds as follows:
That said Wyoming Department of Transportation is constructing a portion of
US 30, in the Counties of Lincoln and Sweetwater, State of Wyoming, known as
Project No. 121099. See the attached map marked "Exhibit B."
That, in connection with said use, 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 Spear Cattle Company.
That said water is to be diverted from Ham's Fork in the NEI/4 NE'/4 of Section
26, T21N, R112W and piped and/or truck hauled to the 950 Pit site for
construction of a portion of US 30. See the attached map marked "'Exhibit B."
That the Wyoming Department of Transportation and Horseshoe Spear
Cattle Company have made and entered into a certain agreement, dated April 14,
2009, 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.
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.
FILE NO. Z
Cl00' 6 9 2
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 NEI/4NEI/4 of Section 26, T21N, R112W 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 May
1, 2011, 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.
for STATE ENGINEER
April 30, 2009
Order No. 09-18 HWY
4 61 (
FILE NO. 5"
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FILE NO. z
PROJECT: -ON12-01(099)
KEMMERER-GRANGER U10V694
COUNTY LINE SECTION
LINCOLN & SWEETWATER COUNTY
TO GRANGER AWTION
COMMISSION POINT OF DIVERSION HAMS FORK RIVER
250,000 GAL/DAY & 10,000.000 GAL TOTAL
WATER WILL of TAM FROM TIME COMEM POINT OF olvg EIoN
AND PIPED MGM TRUCK NAILED TO TIE PMUT Me PIT SITE
FOR CONSTRUCTION AND POLLUTION CONTRA PURPOW
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