HomeMy WebLinkAbout887377 Form E-115
Rev. 3-97
BOOK5'1-~}1- PR PAGE
887377
Wyoming Department of Transportation
WATER AGREEMENT
THIS AGREEMENT, made and entered into 2, ~'day of '~[/l'l{'td '~' c/ 20 0.~_2 ,
by and between the WYOMING TRANSPORTATION COMMISSION, hereinafter referred to as "Commission,"
and Pacificorp Naughton Plant, S of Kemmerer, WY 83101
(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 deliver to the
Commission a total amount of approximately 17,000,000 gal
(number of gallons, acre feet)
of water from the following described appropriation:
Legal Description Tract 43~ T 23 N~ R117 W
6418R
(Permit Number)
8/1/1957
(Priority)
42~393.00 a.f.
(Amount of Appropriation)
ALL
(Portion of this Appropriation held by Water
Appropriator)
Lake Viva Naughton Res.
(Name of Ditch, Reservoir or Well)
Hams Fork Tributary of Blacks Fork River Tributary
of Green River
(Source of Supply)
Tract 43~ T 23 N~ R 117 W
(Location of Record Point of Diversion of Ditch or
Outlet of reservoir or Well under this Appropriation)
Sec 36~T22 N~ R 116 W & Sec 24~ T22 N~ R l16W
(Location of Commission's Point of Diversion)
2. The water to be supplied by Appropriator to the comrmssion shall be supplied at a rate not to exceed
0.5 cfs or about 250,000 gallons per day ,
(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
(acre feet or gallon per day)
U.S. 189 in the county of
(highway road number)
~ ~, - 011-3(19)
(highway project number)
Y..,
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ground water source, in order to insure no additional volume of water is withdrawn from the ground water source, in
excess of what is historically withdrawn for the use(s) authorized by the ground water permit described in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 1.00 dollar 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. Tt~e 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 None 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 of 4
IT IS DEFINITELY UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT 1111I~E NO [ .ff~(oa~O
DEPARTMENT IN NO WAY GUARANTEES OR ASSURES THE LANDOWNER THAT ANY WATER' kILL
BE TAKEN FROM THE APPROPRIATION; THAT ROYALTY PAYMENT TO THE LANDOWNER WILL BE
MADE ONLY IF WATER IS ACTUALLY REMOVED IN MEASURABLE QUANTITIES. 5 -".!
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year
first hereinabove written.
WYO~I~,NG DEPARTMENT OF 7ANSPORTATION
STATE OF Wynming
COUNTY OF I .incnln
ss:
APPROPRIATOR:
3-ozq- o
Tax I.D./Social. Security Number
The foregoing instrument was acknowledged before me by
this ~' ~'--~ dayof D-~ ~ ~,~ ~'~
Witness my hand and official seal.
THOMAS P. EASLEY - NOTARY PUBLIC ~
GOUNWOF ~ STATEOF ~
My Co~ ~~~ --7 --
,20 02
Notary Public /
STATE OF ~ u ~, ~Jc.
COUNTY OF kt~co¢ ~
ss:
The foregoing instrument was acknowledged before me by
this (o day of
Witness my hand and official seal. ,
o-o~,.~ ~. ~-OO,~.5
,20 02
~ COUNTYOF ~',,,,~ STATEOF ~
Approved:
~~e~ngineer of Wy%~ng
Notary Public
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NAuGHTON
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ORDER NO. 03-07 HWY
FILE NO. I ~'~'/~ ~0 I
5
Wyoming Department of Transportation having filed this Water
Agreement for approval of the purchase and use of stored water
from the Viva Naughton Reservoir with a source from the Ham's Fork
Creek, tributary of Black's Fork River; tributary of the Green
River, located in Tract 43, T23N, Rll7W, Permit No. 6418R;
and the State Engineer finds as follows:
That said Wyoming Department of Transportation wishes to use
the water in the construction of a portion of U.S. 189, Lincoln
County, State of Wyoming, known as Project No. HP-011-3(19). See
the attached map marked "Exhibit B."
That, in connection with said work, 'it is necessary that the
Wyoming Department of Transportation have considerable water
available to it;
That the most practicable source of said water is from the
Viva Naughton Reservoir, Permit No. 6418R, located in Tract 43,
T23N, Rll7W. The right is held by Pacificorp and the priority
date is August 1, 1957. The amount of the appropriation is 42,393
acre-feet.
That said water is to be diverted at points in Section 36,
T22N, Rll6W and in Section 24, T22N, Rll6W.
That Wyoming Department of Transportation and Pacific Corp
Naughton Plant, have made and entered into a certain agreement,
dated January 25, 2002, relating to the use and purchase of said
water in the amount of approximately 17,000,000 gallons to be
diverted at a rate not to exceed 225 gallons per minute or 250,000
gallons per day as stated in the executed agreement, marked
"Exhibit A" and by this reference made a part thereof, and a
sketch map showing the proposed point of diversion and point of
use is marked "Exhibit B," attached hereto, and by this reference
made a part thereof:
That said Water Agreement
agreement ratified and approved.
should be granted and said
The water will be taken from the point of withdrawal at the
diversion point located in Sections 24 and 36, T22N, Rll6W. Water
will be used in the construction of a portion of U.S. 189. See
the attached map marked "Exhibit B."
f
I FILE NO. I i~~-S-~ eel
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 maximum rate of diversion will be 225 gallons per minute
or 250,000 gallons per day. The total amount of water used under
this agreement must not exceed 17,000,000 gallons.
IT IS, THEREFORE, ORDERED that said agreement be, and the
same is hereby ratified and approved, and that Wyoming Department
of Transportation is authorized to purchase and use said water, as
provided for in said agreement, until January 27, 2005, or until
said project 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.
for~ STATE EN~EE~-'
January 27, 2003
Order Number 03-07