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STATE OF WYOMING
COUNTY OF LARAMIE
BOARD OF CONTROL
I, Allan Cunningham, as Ex- Officio Secretary of the Board of Control, of the State of
Wyoming, do hereby certify that the following named document, which is attached hereto, is a
true and correct copy of the original document as the same appears of record in the office of said
Board, in Order Record Book 88, on Pages 314 through 319, and in Certificate Record Book 92,
on Page 237.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of said Board, at
Cheyenne, this 29th day of April, 2014.
6476 5/2/2014 3:44 PM
!COLN COUNTY FEES: $33.00 PAGE 1 OF 8
1OK: 831 PAGE: 523 CERTIFICATE
\NNE WAGNER, LINCOLN COUNTY CLERK
II II1111 IIIII 11111 IIIII 1111 IIIII 1111111113 IIII
CERTIFICATE
Docket Number IV- 2013 -3 -3
STATE BOARD OF CONTROL ORDER RECORD NO. 88 PAGE 31
Minute Record 37, Page 225 Maps Filed: G -8, Page 20
IN THE MATTER OF THE AMENDED PETITION FOR CHANGE OF USE FROM
IRRIGATION AND STOCK TO RESERVOIR SUPPLY AND FLOW THROUGH
PURPOSES OF A PORTION OF THE M. P. ANDERSON APPROPRIATION,
PERMIT NO. 17681, DIVERTING FROM WILLOW CREEK (12 -33 -119),
TRIBUTARY SALT RIVER, TRIBUTARY SNAKE RIVER, THROUGH THE
ANDERSON NO. 2 DITCH, WITH PRIORITY OF APRIL 24, 1930.
(O.R. 7, P. 580; C.R. 47, P. 375; PROOF NO. 20428)
FINDINGS OF FACT
DOCKET NUMBER IV- 2013 -3 -3
IN WATER DIVISION NUMBER FOUR
PETITIONERS: THUNDER CANYON RANCH, LLC, ACTING THROUGH ITS MANAGERS /OWNERS, LEONARD ELFERVIG AND M. RECIA
ELFERVIG, OF 23 LONE HOLLOW, SANDY, COUNTY OF SALT LAKE, STATE OF UTAH.
This matter was considered by the State Board of Control at its regular meeting on November 5, 2013, with
the following results:
1. THAT the Petitioner is the owner of the lands involved, and the portion of the appropriation of water
attached thereto, as evidenced by the copy of the Correction Warranty Deed from County Clerk of Lincoln County,
Wyoming, which accompanied the amended petition.
2. THAT the appropriation of water involved is the M. P. Anderson Appropriation, Permit No. 17681,
adjudicated under Proof No. 20428, in the amount of 1.38 c.f.s. for stock purposes and for the irrigation of
96.40 acres, diverting from Willow Creek (12 -33 -119), tributary Salt River, tributary Snake River, through the
Anderson No. 2 Ditch, with priority of April 24, 1930, and of record in Order Record 7, page 580; Certificate
Record 47, page 375 describing the lands irrigated as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. RR PAGE 315
Township 33 North, Range 118 West
Section 18: SW 30.30 acres
SE 35.60
SWIINW 8.30
SE'4NW 22.20
Total 96.40 acres (1.38 c.f.s.)
3. THAT by and through its amended petition, the Petitioner requested a change of use from irrigation and
stock to reservoir supply and flow through purposes of a portion of the M. P. Anderson Appropriation, Permit No.
17681, Proof No. 20428, attaching to the following described lands:
Township 33 North, Range 118 West
Section 18: SE 0.97 acres
Total 0.97 acres (0.014 c.f.s.)
4. THAT by and through its amended petition, the Petitioner requested that the water changed to reservoir
supply and flow through purposes is to be used at the Willow Pond Reservoir, Permit No. 14203 Res., located at
the following described point of use:
Township 33 North, Range 118 West
Section 18: SE
5. THAT the reason for the requested change of use is to supply the Willow Pond Reservoir.
6. THAT a Consumptive Use Report and WYOSEO Consumptive Use Analysis were received on October 3, 2013,
accompanied by the amended petition; the Report and Analysis stated the following:
a. Consumptive use requirement at Bedford, Wyoming, for pasture grass hay equals 13.34 inches, or 1.11
feet. The 0.97 acres of land offered by the Petitioner Ryan would consume 1.08 acre -feet of water per year (0.97
acres x 1.11 feet);
b. At a 1.0 c.f.s. per 70 acres diversion rate, 0.97 acres would receive 0.014 c f s or 0.028 acre -feet
of water per day. 0.28 acre -feet times the number of days in the irrigation season of 86 days equals the total
amount of water diverted to 0.97 acres, i.e., 0.028 acre feet /day x 86 days 2.41 acre -feet per year;
c. The historic diversion return flow per acre equals the calculated historical irrigation diversion minus
the consumptive use or 1.33 acre -feet per year;
STATE BOARD OF CONTROL ORDER RECORD NO. 88 PAGE 316
d. The Willow Pond Reservoir will store 10.2 acre -feet. The remainder of the supply will be supplied by a
present day enlargement of the Anderson No. 2 Ditch;
e. The calculated flow through for the Willow Pond Reservoir is 0.17 c.f.s. times 86,400 seconds /day per
43,560 square feet equals 0.34 acre -feet per day. The total annual flow through supply for the Willow Pond
Reservoir is 0.34 acre -feet per day times 86 days equals 29.00 acre -feet per year;
f. The area of the Ryan Reservoir at the high water line is 0.97 acres. Approximate annual evaporation
loss for the Jackson area, according to the Wyoming Water Atlas is 31.77629 inches or 2.65 feet. The calculated
evaporation of this reservoir with a surface area of 0.97 acres is 2.57 acre -feet of evaporation (0.97 acres
times 2.65 feet);
g. Assuming 7.16 inches (0.60 feet) of precipitation in the Bedford area during the 86 -day irrigation
season, the volume added to the Willow Pond Reservoir via precipitation is 0.58 acre -feet (0.97 acres times 0.60
feet)
h The net evaporation loss during the 86 -day irrigation season is 1.99 acre -feet (2.57 acre -feet minus
0.58 acre feet).
i. The calculation of the return flow for the Willow Pond Reservoir during the 86 -day irrigation season is
28.09 acre -feet /year (1.08 acre -feet diverted plus the turnover rate 29.00 acre -feet per year minus 1.99 acre
feet /per year in net evaporation loss). Since the appropriation involved is calculated to supply 8% of the total
supply of the reservoir, it is assumed that the return flow from the appropriation involved would be 8% of the
total return flow or 2.24 acre -feet per year (28.09 acre feet /year times 0.08). Historic return flow based upon
irrigation is 1.33 acre -feet per year; thus, the amount of return flow under the reservoir supply exceeds this
value by 0.91 acre -feet per year.
j. The return flows under a beneficial use of reservoir supply would be greater than the return flows
under irrigation use. The balance of evaporation and precipitation that affect the reservoir volume would result
in less water lost from the system than the balance of absorption by vegetation, precipitation and evaporation
under irrigation use.
7. THAT the consents from all of the owners of the Anderson No. 2 Ditch were obtained.
8. THAT a properly prepared map accompanied the amended petition.
9. THAT the State Board of Control determined that a reasonable estimate of the historical irrigation
season is a period of 86 days.
10. THAT based upon the Petitioner's Consumptive Use Report and WYOSEO Consumptive Use Analysis, the total
irrigated crop consumptive use requirement is equal to 1.08 acre -feet per year.
STATE BOARD OF CONTROL ORDER RECORD NO. 88 PAGE 817
11. THAT the Consumptive Use Report and WYOSEO Consumptive Use Analysis showed that the proposed change of
a full 0.014 c.f.s would provide decreased consumptive use and increased return flows from what occurred
historically under irrigation, and therefore, historic return flow from irrigation would not need to be deducted
from the changed use.
12. THAT the granting of the amended petition with limitations will not injure any other appropriators.
CONCLUSIONS OF LAW
The State Board of Control has jurisdiction both to consider the Petitioner's request for change of use and
to prepare and promulgate the Order hereinafter set forth disposing of said amended petition.
The Findings of Fact contain the elements necessary to comply with Wyo. Stat. Ann. 41 -3 -104 pertaining to
change of use and the amended petition should be granted.
ORDER
IT IS HEREBY ORDERED THAT this amended petition be and the same is GRANTED without loss of priority and
subject to the condition that the changes shall not affect the rights of other appropriators in good standing at
the time the changes are made.
IT IS FURTHER ORDERED THAT the Petitioner be allowed a change of use from irrigation to reservoir supply and
flow through for fish propagation purposes not to exceed 2.41 acre -feet per year.
This water is obtained by detaching and changing the use of the water from a portion of the M. P. Anderson
Appropriation, Permit No. 17681, Proof No. 20428, attached to the following described lands:
Township 33 North, Range 118 West
Section 18: SEI 0.97 acres
Total 0.97 acres (0.014 c.f.s.)
STATE BOARD OF CONTROL ORDER RECORD NO. 8 8 PAGE 31
IT IS FURTHER ORDERED THAT an amended. certificate of appropriation be issued for a portion of the M. P.
Anderson Appropriation, Permit No. 17681, Proof No. 20428, to the Petitioner as follows:
Certificate
Record
Book Page
92
237
Proof
No.
20428
r
Permit
No.
WILLOW CREEK (12 -33 -119), TRIBUTARY SALT RIVER, TRIBUTARY SNAKE RIVER
1-
17681
r
Name of
Facility
Anderson No. 2
Ditch
H G SE
Section 17 -33 -118
This appropriation is for reservoir supply and flow through for fish propagation purposes not to exceed
2.41 acre -feet per year and is to be diverted, when in priority, during a period of 86 days, at a rate
not to exceed 0.014 c.f.s., at the following point of use for the Willow Pond Reservoir:
Township 33 North, Range 118 West
Section 18: SE
The remainder of the M. P. Anderson Appropriation, Permit No. 17681, Proof No. 204.28, is unaffected by the
granting of this amended petition, and is described as follows:
Township 33 North, Range
Section 18: SW
S E
SW
S E
Total
Name of
Appropriator
Thunder Canyon
Ranch, LLC
(successor in
part to M. P.
Anderson,
original
appropriator)
Address
23 Lone Hollow,
Sandy, Utah
84092
r
118 West
30.30 acres
34.63
8.30
22.20
95.43 acres (1.36 c.f.s.)
r
Date Use For Amt. of
of Which Appro.
Appro. Appro. C.F.S.
April 24, Res. 0.014
1930 Supply,
Flow
Through
1
DONE AT CHEYENNE, COUNTY OF LARAMIE, STATE OF WYOMING, ON THE 5TH DAY OF NOVEMBER, 2013.
ATTEST:
ALLAN CUNNINe EX- OFFI'I• SECRETARY
ENTERED:
May 13, 014
STATE BOARD OF CONTROL ORDER RECORD NO. 88 PAGE. 119
STATE BOARD OF CONTROL
PATRICK T. TYR PRESID
TWP
RANGE
SEC
NE%
NW'/
SW
SE%
TOTAL
NE'%
NW'/
SW
SE'%
NE
NW'/
SWl
SE
NE'/
NW'/
SW'/
SE'
NE
NW'/
SW'
SE%
This appropriation is for reservoir supply and flow through for fish propagation purposes not to exceed 2.41 acre -feet per
year and is to be diverted, when in priority, during a period of 86 days, at a rate not to exceed 0.014 c.f.s., at the following
point of use for the Willow Pond Reservoir:
33N
118W
18
X
AMENDED
THE STATE OF WYOMING
Certificate of Appropriation of Water
NOW KNOW YE, That the Board of Control, under provisions of the Statutes of Wyoming, by an order duly made on
Record 88 Page 314 has determined and established the priority and amount of such appropriation as follows:
Name and Address of Appropriator(s) Thunder Canyon Ranch, LLC 23 Lone Hollow, Sandy, UT 84092;
Date of Appropriation (Priority) April 24, 1930 Amount of Appropriation 0.014 cu. ft. per sec.;
Total Acreage NONE Head Gate SE' /4NW1/4 Section 17 -33 -118
November 5, 2013 and entered on
DESCRIPTION OF LAND TO BE IRRIGATED AND FOR WHICH THIS APPROPRIATION IS DETERMINED AND ESTABLISHED
Proof No. 20428
Certificate Record No. 92, Page 237
Water Division No. 4, District No. 8
WHEREAS, Thunder Canyon Ranch, LLC (successor in part to M.P. Anderson, original appropriator) has /have presented to the Board of Control of the State of Wyoming
proof of appropriation of water from Willow Creek (12 33 119). tributary Salt River. tributary Snake River through the Anderson No. 2 Ditch under Permit No. 17681
For reservoir supply and flow through herein described, lying and being in Lincoln County, Wyoming.
The right to water hereby confirmed and established is limited to reservoir supply and flow through and the use is restricted to the p ace where acquired and to the purpose for which acquired.
EN TESTS IONY WHEREOF, I,
said Board to be hereunto affixed.
Attest:
Patrick T. Tyrell
Ex- officio Secret
May 13, 2014 ,in Order
This amended certificate i
issued in lieu of a portion c
the original certificate c
appropriation of record i;
Certificate Record 47, Pag
375, and amends the ord
of adjudication of record i
Order Record 7, Page 58(
Proof No. 20428.
tare Board of Control, have hereunto set my hand this 13th day of May, 2014, and caused the seal of
f
1
N N: F C C'
President