HomeMy WebLinkAbout878560 ~/4 /0 >- Exhibit-A-
FormE-115
Rev. 3-97 ~,~.~
Wyoming Department of Tran.sportation
WATER NT
THIS AGREEMENT, made ann entered into
by and between the WYOMING ~ANSPORTATION COMMISSION, hereinafter referred to as "Commission,"
and Ron Thompson; Land and Livestock; 11694 S Hw7 30; Cokeville, WY 83114
(water appropriator's name and address)
hereina~ier referred to as "Appropriator."
" WITNESSETH: ;hOOK
1. Upon receiving authority from the State Engineer, State of Wyoming, Appropriator shall deliver to the
Commission a total, amount of approximately 3,000,000
(number of gallons, acre feet)
of water from the following described appropriation:
Legal Description ---
Territorial ~'>' ~::::'?'
~r '' [r-- Bourne Ditch
(Permit N)mber) (Name of Ditch, Reservoir or Well)
1877 Smith's Fork, Tributary Bear River
(Prit.~Iy) (Sourcey.~zt..gf Supply)
1.50 CFS Sec 8, T.~/~N~ R 118 W
(Amount of Appropriation) (Location of Record Point of Diversion of Ditch or
. //' Outlet of reservoir or Well under this Appropriation)
1.50 CFS Sec 20, T 25 N, R 1.18 W
(Portion of this Appropriation held by Water (Location of Commission's Point of Diversion) .
Appropriator)
2. The water to be supplied by Appro~ria['or to the commissi'0n shall be supplied at a rate not to exceed
' 0.5 CFS or about 50,000 gallons per day ,
(gallons per minute or cubic feet per second) (acre feet or gallon per day)
and said water shall be used in the construction of a portion WY 232 in the county of
(highway road number)
Lincoln State of Wyoming, known as SCPS-1201 ~00(005)
(highway project number)
3. It is understood and agreed by the appropriator that (a) if the source of supply is from a surface water right, in 3 5 ~
order to satisfy the consumptive use-return flow formula set forth in Wyoming law, it be necessary l'or the
appropriator to forego up to double the amount of water diverted under this agreement as specified in paragra, phs 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ground water source, in order to insure no additional volume of water is withdrawn from the ground water source~ in
excess of what is historically withdrawn for the use(s) authorized by the ground water permit described in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 t'orego 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 Cormnission 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 tlie 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 Conmqission 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 stlch 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 ~)f 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 anycontractor working under a valid contract with the Commission that requires water for the fulfilhnent 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 unadjud, icated 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
35?
IT IS DEFINITELY UNDERSTOOD AND AGREED BY THE PARTIES HERETO T~~
DEPARTMENT IN NO WAY GUARANTEES OR ASSURES THE LANDOWNER
BE TArN FROM THE APPRO~RIA~ON; THaT ROYALTY PAYMENT TO THE LANDOWNER ~LL BE
MADE ONLY IF WATER IS ACTUALLY REMOVED IN MEASURABLE QUAN~TIES.
IN WtTNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and y~m'
first hereinabove written.
WYOM~G DEPARTMENT OF TI~ANSPORTATION ,,
APPRO~IATOR:
Tax I.D./Social Security Number
STATE OF m/~
SS:
COUNTY OF
The foregoing instrument was acknowledged before me by ~ o,'.J'a cQ '--FA/o "t P.Z~ d ,
this .. // ~'..-~ clay of ~'~ ~ ,20 O /
Witness my hand and official seal.
~ LINCOLHe -~ ~0MINq Notary Public
STATE OF x~,,4 ~ ~ ~ ,,J O
SS:
COUNTY OF
The foregoing instrument was acknowledged be:fore me by ,.To H,N/ ~. ~/.~/)/~q'.5 ,
this ~ o ~c day of ~ ~'C~~ ,20 O /
Witness my hand and official seal.
THOMAS P, EASLEY- NOTARY PUBLIC
My
Approved:
3 of 4
PROJECT, SCPS-1201-O0(O05) ~' ~=~
i ~"~ No. I~~
SMITH'S FORK ROAD 3~
LINCOLN COUNTY
POINT OF DIVERSION
IE DITCH
118
T
N
\
T ~ END PROJECT
2S MP 12.22
T
2§
N
CONINII$$10N POINT OF DIVERSIO
SI, tlTH'S FORK ~ 7 C~s PIT
sec ~'M~ "' R ,, I , ~0, ~,~S, N, R ,'"
~
.~O~l )KEVILLE~11§ ~ 11~'50'
WATER WILL BE TAKEN FROM THE COMMISSION POINT ~ DIVERSION
A~ PIP~ AND/OR T~CK HAULED TO THE PRO.CT AND PIT SITE
FOR CONSTRUCTION AND POLLUTION CONTROL PURPOSE5
02-0 35 9
The Wyoming Department of Transportation having filed a Water
Agreement for approval of the purchase and use ef direct flow water from
the Bourne Ditch, diverting from Smith's Fork, tributary to the Bear
River, with a record point of diversion in the Section 8, T24N, Rll8W,
Territorial Appropriation, Proof No. 8806;
and the State Engineer finds as follows:
That said Wyoming Department of Transportation is constructing a
portion of WYO 232 in Lincoln County in the State of Wyoming, known as
Project No. SCPS-1201-00(005), as described on 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 Bourne
Ditch, with a record point of diversion in the Section 8, T24N, RllSW,
Territorial Appropriation, Proof No. 8806. The right is adjudicated in
the name of the John Bourne and has a priority date of 1877. The amount
of the appropriation is 1.5 cubic feet per second and is to be used for
irrigation purposes.
That said water is to be diverted from the Section 20, T25N, R118W
and pumped or truck hauled throughout the project. See the attached map
marked ~Exhibit B."
Tha~' the Wyoming Department of Transportation and Ron Thompson have
made and entered into a certain agreement, dated December 11, 2001,
relating to the use and purchase of said water in the amount of
approximately 3,000,000 gallons to be diverted at a rate not to exceed a
maximum of 0.5 cubic feet per second (225 gallons per minute) or 50,000
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 tho',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 Commission is to inform the Water Commissioner of the date they
wish to begin diverting water,n and %his diversion of water will be done
at all times under the supervision of the Water Commissioner.
The Bourne Ditch will be regulated by the Water Commissioner to
protect the appropriators who might be affected by this agreement. At
~3 , ~ ~ 3 ~ 0 [ FILE NO:J ~'~ F'Z3]
all times when water is being diverted 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
construction 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 adjustment will be made if
necessary to protect the other affected water users.
This agreement can only be honored during the 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 taken from the commission's point of diversion
located in Section 20, T25N, RllSW and pumped or truck hauled throughout
the project for construction purposes, as outlined on the attached map
marked "Exhibit B."
The. maximum rate of diversion will be 0.5 cubic feet per second
(225 gallons per minute) or 50,000 gallons per day. The total amount of
water used under this agreement must not exceed 3,000,000 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 January 8, 2004, or until said Project No.
SCPS-1201-00(005) 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.
STAT~ E~GYNEE~
January 8, 2002
Order No. 02-09 HWY
'
State Engineer's Office
Hers~chler Building, 4-E Cheyenne, Wyoming 82002 JIM GERINGER
(307) 77%7354 FAX (307) 777-5451 GOVERNOR
seoleg@state.wy, us
PATRICK T. TYRRELL
January 8, 2002 STATE ENGINEER
WYOMING DEPARTMENT OF TRANSPORTATION '
JOHN M. CHILDERS
HEYENNE, WYOMING 82009
Re: Temporary Water Agreement Order Number 02-09 HWY
Bourne Ditch
Project No. SCPS-1201-00(005)
Dear Mr. Childers:
Enclosed are the Order, Agreement and map for your use of
water from this source. Copies of these documents will .be sent to
Ron Thompson. Copies of the Order and map will be sen5 to Jade
Henderson, Superintendent of Water Division No. 4, and Kevin
Wilde, Lead Hydrographer-Commissioner of Water District No. 2.
~You must notify Mr. Wilde(279-3441) prior to using water from
.this source. Please refer to the Order Number referenced above
when notifying Mr. Wilde. Also, please notify this office when
the project has been completed and no more water is being used.
With best regards,
J~I-IN R. BARNES, Administrator
Surface Water & Engineering Div.
JRB/lme
Enclosures
cc; Jade Henderson, Superintendent
Water Division No. 4
PO Box 277
Cokeville, Wyoming 831~4
Kevin Wilde, Lead HydrographeriCommissioner
PO Box 277
Cokeville, WY 83114
Ron Thompson
Land & Livestock
11694 S HWY 30
Cokeville, WY 83114
Surface Water Ground Water Board of Control
(307) 777-6475 (307) 777-61 §3 (307) 777-6178