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20241227RED to Staff 1-10_Attachments.pdf
RECEIVED Friday, December 27, 2024 IDAHO PUBLIC UTILITIES COMMISSION Red Pheasant Water Company, LLC 1065 Harvest Moon Ln Lewiston, ID 83501 208-790-2543 bill@idahohobbs.com 12/27/2024 Request 1 have attached the Articles of Organization for Red Pheasant Holdings, LLC and Red Pheasant Water Company, LLC. We are looking for the Bylaws for the companies, as they are in storage in our shop. The business address and contact information for these companies is: 1065 Harvest Moon Ln. Lewiston, ID 83501 208-790-2543 bi�idahohobbs.com red pheasantwater(o)gmail.com Request 2 The information on lots/blocks/legal descriptions will be included within the Permit to Appropriate Water No 85-15772 Issued on April 02, 2015 Request 3 There are no overlapping water right owners within our service area. Request 4 The latest correspondence is attached as Record Drawings Accepted-Pheasant Trail Estates 3rd Addition The latest Sanitary Survey is attached as ESS Red Pheasant Water Company 2020 Request 5 Attached will be all licenses and permits for the Red Pheasant Water Company Request 6 Financial statements will be attached to these emails. Please note that the income over the past 3 years are not consistent with a normal years of operation. In 2022, we only billed out about 10% of our usage over 2022, with 2023 and 2024 being the catch up years. Attached Letters will be supplied to what our patrons were delivered. When reviewing the financials, keep in mind that our company tax returns are combined with our development company, so water sales, water testing, meters, electricity costs will be some of the areas that are strictly for analysis with the reports. The water infrastructure is labeled in different categories within the P&L reports. Request 7 There is not a current facility plan in place since I am on site 99% of the year. Request 8 The total number of connections that are residential are 163, ag related 1, and 1 commercial connection at the Wheatland Fire Protection District station which is a unmanned station. Request 9 Current rate structure was implemented in 2018. Travis required that we locked our rates when we were first contacted by him in September of 2022. No rate increases have taken place, but O & M costs have skyrocketed. Request10 An additional charge that has been in place for years was a late fee of$10 for accounts past 30 days. This wasn't utilized unless someone was usually 2+ months in arrears and making no efforts to make payments towards their accounts. New hookup fees are currently at$3,500, though we do not have any plans to increase connection capacity in the near future. Keen, Shelley From: Keen, Shelley Sent: Monday, May 3, 2021 2:59 PM To: 'James Browitt' Subject: RE: Inquiry re extension for Permit No. 85-15772 Jim, It has been a while. It's good to hear from you. Because IC 42-204(3)(d) does not have the same "one (1) extension of time" language as IC 42-204(3)(f), IDWR interprets IC 42-204(3)(d) as allowing for multiple extensions totaling up to ten years. IDWR's typical practice when applying IC 42- 204(3)(d) is to grant extensions of no more than five years. The five-year limit provides another opportunity to evaluate the "reasonable diligence" and "good cause" requirements in connection with an additional extension request, should one be requested. The overall intent is not to tie up the resource for 15 years without some assurance that it is being developed as proposed. Call or email if you have questions about my explanation. Regards, Shelley Shelley Keen Water Allocation Bureau Chief Idaho Dept. of Water Resources 208-287-4947 shelley.keen@idwr.idaho.gov From:James Browitt [mailto:jbrowitt@outlook.com] Sent: Monday, May 3, 2021 1:00 PM To: Keen, Shelley<Shelley.Keen @idwr.idaho.gov> Subject: Inquiry re extension for Permit No. 85-15772 Hi Shelley: It's been a while since we crossed paths, and I hope all has been well on your end in the interim. I have been working with Red Pheasant for the duration of this particular permit, and was wondering if you could provide insight as to why a five-year extension was granted rather than 10-year-extension that was requested. This permit would seemingly qualify for the longer extension pursuant to IC 42-204(3)(d) by virtue 1 of the 2 cfs diversion and the reasonable diligence exercised by Red Pheasant in developing beneficial use. I am, of course, aware that any extension beyond five years is subject to IDWR's discretion, but am curious as to what the rationale may have been behind the Department's decision to stick with the shorter term. Best regards, Jim James Browitt Browitt Law Office Schroeder Law Offices, P.C. 1317 Prospect Ave. Lewiston, ID 83501 (208) 413-6065 This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful. 2 ����� ���� State '���� ��������q� ��� ���� ���u�'������ ��� ���l���1� � ��� ��� ��� ��������� 322 East Front Street ° |P.O, Box 83720 ° l0oiao, Idaho 83720-0090 P&noo: (20U) 207'4000 ° Fax: (280) 207-6708 ° Web Site: vrn/vr,idnr.i&ahn.gon [;ADY8D{CKM&N C.L.''D0TCR',OTTER Director Gvvccuvr June 4, 2O14 RED PHEASANT WATER COMPANY LLC 1OO5 HARVEST MOON LN LEVV|3TON \D 83501 Re: Change of Ownership for Water Right/Permit No/s\: 85-7607 Dear Water Right Holder: The Department acknowledges the receipt of correspondence changing ownership of the above referenced water right to you. The Department has modified its records to reflect the change in ownership and has enclosed a receipt and a computer-generated report for your records. Updating the ownership record for a water right does not reconfirm the validity of the right. When processing an ownership change notice, the department does not review the history of water use to determine if the right has been forfeited through five years or more of non-use. To read more about water right forfeiture, including how to protect a water right from forfeiture, please see Sections 42- 222 and 42-223, Idaho Code. Please note that as of July 1, 1996, water right owners are required to report any change of water right ownership and any change of mailing address of the owner of a water right, to the Department. Notice of the change must be provided to the Department within 120 days of the change. Change reporting forms are available from any office of the Department, orat . If you have any questions concerning the enclosed information, please feel free to contact this office. Sincerely, CS Technical Records Specialist Enclosure: Proof Report Receipt# NO]O4S4 fiIQ?�lUCC91Y nS a3s�c}a� 0�I Q l t r YX op j�p lop f 7 Ji r •,"'�'Cyw+ ( ; �i /' /I / 1 1 �r•�/ I 1 �♦ .s 1\`'• \ �♦ `�/'' - 1 1 ,i r �1 1 1 I / ' �� \ �•�� r"-ter I t y.' �.• /, 0(; ���y,/ {{ •• ` �♦ •,- -,// � = yr! ♦; mow'. \` ri 1 ,A, i _��rM^'`1l''FF� l�. ♦\ �\ .G1��/ Y i��i;+ �.r-,• t� i \ / r JI' Ca ��MI '�"' .�+ ��,�♦�.Y `� ♦� , 'w�,Js;N� 1, 1� .'1 �4 � ♦,1 �� L�'L'��� '♦ < .. - . r 1 R Ctl` •{ I .r �i t \ � 1 ,�% , /, I !w 9x �/•�y�,1'� f i•' � 1 � �1, , It .14 .♦♦-�'•= •••r� .rlp, ► y, ►' { 111 - �aQ1�p< 't� I9 nr ✓I .7 .L 'r r1!S.14 ♦�`'°�1, r y • q •• ins� 1 51 ^ `' :ti1,,_ r � •+�.•... ��,%. •/�/ ' 1 \1, ,' />,'. 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K0op of proposed project: show clearly the proposed point of diveroion, place of use, section number, township and range number. 00 1-2 00 32 Hid Ft :.il Gift LEWISTON VW PROPOSED SUBDIVISION Crack 17 TWN 35 Nv R 5 W SEC 2 Scale:2 inches equal 1 mile. 0 BE IT KNOWN that the undersigned hereby makes application for permit to appropriate the public waters of the State of Idaho oo herein set forth. SCHAUB SUBDIVISION NEZ PERCE COUNTY, IDAi TWN35N, R5W, SEC2 •t J 4: �_.a._:..�tr—off_ -:i''..�^.��ii�'..a`.i�s�•�,,:�C �—_c.'-4—s.?rs.''ti_��/! !i'..��' (.. _f_ / ;�`• ( /•�- ••�_ `'" �i � � ��--`� X �hdc�al`el �ous•* oh Gvt } \ O+OO.Q RD 2 \\ \\ �.\�j' 22 vi LOT 1 I �\;\\ ~•\Z0>50�0aa es 21,858 sq.ft. 'I \\., ! 0.50 acres f \ , Q1\2 d.50 ccreg\\ \ . LOT 2 s• ;�'•1 - '\ • LOT 2 ~`� 1 _ 21.780 sgJt. 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State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 85-07607 Priority: August 16, 1994 Maximum Diversion Rate: 0.22 CFS Maximum Diversion Volume: 55.0 AF This is to certify, that STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated August 16, 1994; and has submitted Proof of Beneficial Use on November 25, 1996. An examination indicates that the works have a diversion capacity of 0.220 cfs of water from a GROUNDWATER source, and a water right has been established as follows: BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME IRRIGATION 03/01 to 11/30 0.20 CFS 40.0 AF DOMESTIC 01/01 to 12/31 0.22 CFS 15.0 AF Totals 0.22 CFS 55.0 AF LOCATION OF POI,NT(S) OF DIVEMONs Lot- 3( NENW) , Sec. 1, Township 35N, Range 05W NEZ PERCE County PLACE OF USE: IRRIGATION TWN RGE SEC ACRES ACRES ACRES TOTAL 35N 05W 1 Lot 3(NENW) 1.2 1.2 2 NESE 8.8 8.8 Total number of acres irrigated: 10 PLACE OF USE: DOMESTIC, same as IRRIGATION use CONDITIONS OF APPRQYAL An REMARKS 1. The maximum diversion volume is defined as the maximum allowable volume of water that may be diverted annually from the source under this right. The use of water confirmed by this right is limited to the amount that can actually be beneficially used. The maximum diversion volume may be adjusted to more accurately describe the beneficial use or to implement accepted standards of diversion and use efficiency. 2. This water right is appurtenant to the described place of use. 3. This right is subject to all prior water rights and may be forfeited by five years of non-use. 4. Modifications to or variance from this license shall be made within the limits of Section 42-222, Idaho Code, or the applicable Idaho law. 5. The domestic use authorized under this right shall not exceed ll'1!C'P()PIL AEU 13,000 gallons per day per home. 1 1998 PAGE State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 85-07607 CONDITIONS OF APPROVAL AND REMARKS b. This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above. 7. Place of use is located within Lots 1-22, Schaub Subdivision and 3 lots outside the subdivision. 8. Domestic use is for 25 homes and does not include lawn, garden, landscape, or other types of irrigation. This license is issued pursuant to the provisions of Section 42-219, Idaho Code. Witness the seal and signature of the Director, affixed at Boise, this day of 19 7u. Adng for KARL J. DREHE"rector MAY 1 8 1998 RECEIVED State of Idaho M AY Q 7 1998 Department of Water Resources Department of Water Resources APPLICATION FOR AMENDMENT (For Licensing Purposes) WATER RIGHT NO. 85-07607 Date of Priority: August 16, 1994 Maximum Diversion Rate: 0.22 CPS Maximum Diversion Volume: 55.0 AF Comes now STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 and represents to the Director of the Idaho Department of Water Resources: That he is the owner and holder of Permit to Appropriate the Public Waters of the State of Idaho No. 85-07607, and requests that the permit be changed as follows: Source: GROUNDWATER BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME IRRIGATION 03/01 to 11/30 0.20 CPS 40.0 AF DOMESTIC 01/01 to 12/31 0.22 CPS 15.0 AF Totals 0.22 CPS 55.0 AF LOCATION OF POINT(S) OF DIVERSION: Lot 3( NENW) , Sec.. 1, Township 35N, Range 05W NEZ PERCE County PLACE OF USE: IRRIGATION TWN RGE SEC ACRES ACRES ACRES TOTAL 35N 05W 1 Lot 3(NENW) 1.2 1.2 2 NESE 8.8 8.8 Total number of acres irrigated: 10 PLACa OF USE DOMESTIC, same as IRRIGATION use Permit holder asserts that no one will be injured by such change and that such change will be made at permitholder'sl own risk. Signed at-- i-rq ft A ,this da of f 19�. PAGE 2 State of Idaho Department of Water Resources APPLICATION FOR AMENDMENT (For Licensing Purposes) WATER RIGHT NO. 85-07607 FOR DEPARTMENT USE ONLY Preliminary check by Fee = \ Receipted by I - # Date ACTION OF THE DEPARTMENT OF WATER RESOURCES I, Karl J. Dreher, of the Department of Water Resources hereby approve the above Application for Amendment for Permit No. 85-07607 with the following; CONDITIONS OF APPROVAL AND REMARKS 1. The maximum diversion volume is defined as the maximum allowable volume of water that may be diverted annually from the source under this right. The use of water confirmed by this right is limited to the amount that can actually be beneficially used. The maximum diversion volume may be adjusted to more accurately describe the beneficial use or to implement accepted standards of diversion and use efficiency. 2. This water right is appurtenant to the described place of use. 3. This right is subject to all prior water rights and may be forfeited by five years of non-use. 4. Modifications to or variance from this license shall be made within the limits of Section 42-222, Idaho Code, or the applicable Idaho law. 5. The domestic use authorized under this right shall not exceed 13,000 gallons per day per home. b. This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above. 7. Place of use is located within Lots 1-22, Schaub Subdivision and 3 lots outside the subdivision. 8. Domestic use is for 25 homes and does not include lawn, garden, landscape, or other types of irrigation. n` L Witness my hand this day of Acting for KARL J• DREHER01rector MAY f99 Form No.217 FOR OFFICE USE ONLY 7194 Amt.of Fee$: Receipt No. ti d3 r D Receipt By P, E (1 E IV E D STATE OF IDAHO Date F3eceipted: i " NOV 2 9 1996 DEPARTMENT OF WATER RESOURCES !;c.oar r,19M of Water Resources PROOF OF BENEFICIAL USE The Idaho Department of Water Resources considers this form a statement that the permit holder(s) has/have completed all development that will occur under this permit and that water has been applied according to the provisions of the permit for the beneficial use(s) described below. This form must be accompanied by a license examination fee, when necessary, or be accompanied by a completed field examination report prepared by a certified water right examiner who has been appointed by the department. 1. Permit No. 85-7607 Telephone No. (208) 743-5904 2. Name(s) of Permit Holder(s): Steven Schaub Ranch (Ron Whitman) 3. Mailing Address: 3745 Lapwai Road, Lewiston, ID 83501 4. Source of Water: groundwater If GROUNDWATER (well), Date Drilled: mo. 7 /yr. 94 a. Well Driller: Burns Well Drillino Drilling Permit Number:_5-fig_- N -_� b. OPTIONAL: Pump Horsepower: Pressure (psi): Dynamic pumping level (ft): 5. Use(s) (as authorized by the water right permit): Domestic (No. of households): 25 Stockwater(No.and type of stock): N/A Irrigation (No. of acres): N/A Other: 6. Total rate of diversion and/or volume for which proof is submitted: 0.3721 cfs'OR acre feet 7. Measuring Device Requirement: (refer to the approval conditions on your permit and respond accordingly) (This question is not optional. Please check either yes or no. Proofs retumed not checked accordingly,will be considered incomplete) Measuring Device: Is a measuring device required? Yes or No Has the measuring device been installed? Yes_X or No Flow Measurement Port: Is a flow measurement port required? Yes or No Has the measurement port been installed? Yes or No 8. Fee Enclosed: $ 100.00 (See Fee Schedule on back of the instructions for filing proof of beneficial use) 9. Person to contact to accompany the Department representative during field examination of the water system. Name: Scott S. Schevenius Telephone Number: (208) 746-2�61 Address: Wyatt Engineering, 101 Thain Road, Lewiston, ID 83501 10. The information given on this form is my true statement of the extent to which the above numbered permit has been developed and I relinquish any undeveloped portion of the permit to the State of Idaho. Signature of permit holder: �A FAG T� Date: include yo rl if on behalf of company 6f drr- JQtt ati O E D Form No.204 -- For office Use only } 7/94 $50 Fee Receipted by c� Date —/ Receipt No. STATE OF IDAHO DEPARTMENT OF WATER RESOURCES RECEIVED REQUEST FOR EXTENSION OF TIME OCT 12 W5 TO PROVIDE ADDITIONAL TIME IN WHICH TO SUBMIT PROOF OF BENEFICIAL USE FOR A WATER RIGHT PERMIT Department of Water Resources The Idaho Depwtrrwent of Water Resources will consider this form as a request that the permit holder(s) be granted an additional period of time under the provisions of Section 42-204, Idaho Code in which to complete development of a water right. Permit No. F-s-— C-7� o Name(s) of Permit Holder: N� •"� �, Mailing Address: I Date Proof is Due: D LC S�`�3r Telephone No. Describe what work has been completed toward the development of this water right: (This must be filled out! If no work has been completed, show"none".) tt + I f ft�1 fd �itTr(<. � r✓ r'c.L�e'IL oit_yL �1� "t 13 TZ, fit c1 - dWtr iNs�r� 1�Q I rN: _ t t f-c to -K:[ Costing$ �f9c�cct The permit holder(s) has been unable to complete the remainder of the work for the following reasons: 1 Permit holders) request an extension to FEE: $50.00 (Sig ture)* ll/Q� *If other than permit Ider, Power of Attorney must be supplied. j ACTION OF THE DEPARTMENT OF WATER RESOURCES IT IS HEREBY ORDERED that the above request for extension of time be APPROVED and the time within which to submit proof of beneficial use is extended to December 1, 1996. Signed this_'2 �day of October 19 95 , Chief, Water Allocation Bur au State of Idaho Department of Water Resources Permit To Appropriate Water NO. 85-07607 Proposed Priority: August 16, 1994 Maximum Diversion Rate: 0.80 CFS This is to certify, that STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 has applied for a permit to appropriate water from: GROUNDWATER and a permit is APPROVED for development of water as follows: BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION IRRIGATION 03/15 to 11/15 0.24 CFS DOMESTIC 01/01 to 12/31 0.56 CFS Totals 0.80 CFS LOCATION OF POINT S OF DIVERSION: Lot 3( NENW) , Sec. 1, Township 35N, Range 05W NEZ PERCE County PLACE OF USE: IRRIGATION TWN RGE SEC ACRES ACRES ACRES TOTAL 35N 05W 2 NESE 12 12 Total number of acres irrigated: 12 PLACE OF USE: DOMESTIC, same as IRRIGATION use CONDITIONS/REMARKS• 1. Proof of construction of works and application of water to beneficial use shall be submitted on or before December 1, 1995. 2. Subject to all prior water rights. 3. The right holder shall provide a means of measurement acceptable to the Department from all authorized points of diversion which will allow determination of the total rate of diversion. 4. The rate of diversion of water for irrigation under this right and all other water rights on the same land shall not exceed 0.02 cubic feet per second for each acre of land. 5. Place of use is located within Lots 1-22, Schaub Subdivision. 6. Domestic use is for 24 homes. 7. The domestic use authorized under this permit shall not exceed 13,000 gallons per day per dwelling in accordance with Section 42-111, Idaho Code. This permit is issued pursuant to the provisions of Section 42-204, Ida ,GQde. Witness the signature of the Director, affixed at Boise, this day of , 19 1a� �f� 2 0 1994 R. Keith Higginson, Director STATE OF IDAHO Ident.No. DEPARTMENT OF WATER RESOURCES OCT111994 APPLICATION FOR PERMIT Department of Water Rwourc*To appropriate the public waters of the State of Idaho 1. Name of applicant A 'L�K � �b4N.�V�- Phone Post office address 3 Lrw Sfo 8 0 2. Source of water supply _ LIE � � ELF— - which is a tributary of 3. Location of point of diversion is f/4 of 1/a of '/a,Govt. Lot IS Sec. Township —Range SIL-) B.M. e—f-P, ounty; additional points of diversion if any: 4. Water will be used for the following purposes:Amount r for JQY11tA:t t C— purposes from to )D@ , {h(both dates inclusive) (cfs or acre-feet per annum) Amount ••�7 for r Q IZAL'A purposes from 5 to ` (both dates inclusive) (cfs or acre-feet per annum) Amount for purposes from to (both dates inclusive) (cfs or acre-feet per annum) Amount for purposes from to (both dates inclusive) (ds or acre-feet per annum) 5. Total quantity to be appropriated is(a) and/or(b) cubic feet per second acre feet per annum 6. Proposed diverting works: a. Description of ditches, flumes, pumps, headgates, etc. b. Height of storage dam feet; active reservoir capacity acre-feet; total reservoir capacity acre-feet; period of year when water will be diverted to storage: to inclusive. (1 c. Proposed well diameter is inches; proposed depth of well is 043 feet. d. Is ground water with a temperature of greater than 85OF being sought? `y 0 s 0,�31-R14 Rj a f-145,�L(,(6- e. If well is already drilled, wh4n? 71% 15-9 A ; Drilling firm Ptm.�- *PLCL lAkL 1 'N 7 €,J.iqA6S4' t4 'X'D Well was drilled for (well owner) mis 0 7. Time required for the completion of the works and application of the wate�6eC*peogq ed beneficial use is years (minimum 1 year). 8. Description of proposed uses(if irrigation only, go to item 9): a. Hydropower; show total feet of head and proposed capacity in KW. b. Stockwatering; list number and kind of livestock. c. Municipal; show name of municipality. -( d. Domestic; show number of households. _ �Lo,So 5 t f ).it _ e. Other; describe fully. 9. Description of place of use: a. if water is for irrigation, indicate acreage in each subdivision in the tabulation below. b. If water is used for other purposes, place a symbol of the use (example: D for Domestic) in the corres- ponding place of use below. See instructions for standard symbols. N E'A N W VA S W'A S E'/. TWP RANGE SEC. TOTALS NE'A NW/4 SWYA SE'/4 NE'A NW'A SW'A I SE/. NE'A NW'/. SW/. SE'A NE'A NWI/. SW'A SE11. Or__'4 3 Total number of acres to be irrigated 1Z 10. Describe any other water rights used for the same purposes as described above. 1 1. a. Who owns the property at the point of diversion? b. Who owns the land to be irrigated or place of use? c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make this filing. 12. 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Map of proposed project: show clearly the proposed point of diversion, place of use, section number, township and range number. I I I I I I I I ! I I I I I I 1 '• (rK N 9Yk'f Yalfn VI. �• _ I •.. ?+: I^e ��•t'•�'•' H.Ilhu \ Y 'Y°°�.35 l', I f^•' -,' �� 3I -33 _-:,,,�.r.�;al.l( �`� �c?• i ♦ ... `'ram i /' - _�r� �.Y_ i 3l i'•1��' ':•I]`iilN12Ecl 1 ✓1!R�....�� � - j_' � .•�✓^•.r•� l .. -�•y,i� _ _ '1]a N LEWISTON I •"`,e�;�' � i a.•='' WELL—. ' , •.,��-,_,_�� : . '��,, � -SIT 57 PROPOSED OUBDIVISION Wit • .; „ !: Creek :..� e',�-,rr'•'.xt in�t'�?-.:r\ira:i•.;rl�u;, l/ :_..�1:�• .,`y.� .. �.` 'emu:.,ply;yK,�.�.ir_•�'.(.:�r)a{v_..,�.�`+�:• '•... rds •n.•�•—.a-v::,r�: .. ^�:;,. _�: T!�,0 a:y� �.,,-:,�,k: a .F•,(.—' ;:._oK rlo" ••�', •: 15 S•*F(.: a„••[ 'b N,,..a,i �,;.. ,.. hYLi+F;I; .'L• ii•••-;:,•__�::i��.-.`....t.t•_•�ht:-t•v''t :.re?�-a!r1:,u'01 :.w N I J'� ...r.:i-;r_-�r—...• :-,...:9!.t •• - ,�y.... • ..nqN •I .,r:ai r(. +pt ., (,• � ._.� 3T1� -wl. rccwn*axo»rer..(�oa aour"Y w 4e• VI •5•'•a.. ••,••.•.•.•.•,••,• •,••. 's'--]' hlaPPed,eCite4,and Published by 1Fa Geological yPraey SCALE`24000 I Xnt `< Cr�:.d ar uSG5 Yn04riSGS • ( 7U•6]CL�_S•=1ixf:f,`: - r:=;'avM Irom,aryl:�aroirunr RY an•t:(,(nmHric mNXoaa CX lag aD m foot— � rut rlema'M W n a+aroe•aena uN(•i9Si. Fro:cna(•1959 1+ < . .n a1wRXIRaoM1 ��� :IIX�F.r, ?:),w•IX A—ea•:v.„ r•;ii CO) Ile WE-r,.L 40 FEET IR• r_ •r.on, �_, r COXap,R�'..'Y.I aX(IVF1 JU—C((lee( ' - • • ,• , I. •:• I, list..Yr ,. • .. , • TWN 35 N, R 5 W, SEC 2 I Scale:2 inches equal 1 mile. 0 BE IT KNOWN that the undersigned hereby makes application for permit to appropriate the public waters of the State of Idaho as herein set forth. (Applicant) Received by Rate Time "' Preliminary check by Fee $ Fzzv ' Re ted #L" ld C��� Date t ceiN b Y Publication prepared by / ` Date `7 Published Publication approved LJ ( Date Ai ACTION OF THE DIRECTOR, DEPARTMENT OF WATER RESOURCES This is to certify that I have examined Application for Permit to appropriate the public waters of the State of Idaho No. , and said application is hereby 1. Approval of said application is subject to the following limitations and conditions: a. SUBJECT TO ALL PRIOR WATER RIGHTS. b. Proof of construction of works and application of water to beneficial use shall be submitted on or before , 19 . c. The rate of diversion, if water is to be used for irrigation under this permit, when combined with all other water rights for the same land shall not exceed 0.02 cubic feet per second for each acre of land. d. The water right acquired under this permit if for hydropower purposes shall be junior and subordinate to all rights to the use of water, other than hydropower, within the State of Idaho that are initiated later in time than the priority of this permit and shall not give rise to any right or claim against any future rights to the use of water, other than hydropower,within the State of Idaho initiated later in time than the priority of this permit. e. Other: DEC 2 1994 State of Idar.., DEPARTMENT OF WATER RESOURCES • 1301 North Orchard Street, P.O. Box 83720, Boise, Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 May 11, 1998 PHILIP E.BA1T GOVERNOR KARLL DREHER DIRECTOR STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 RE: WATER RIGHT NO. 85-07607 Dear Water Right Holder(s) : The Department of Water Resources (the Department) has issued the enclosed license confirming that a water right has been established in accordance with the permit referenced above. The license is a preliminary order issued by the Department pursuant to section 67- 5243 , Idaho Code. It can and will become a final order without further action of the Department unless a party petitions for reconsideration or files an exception and/or brief as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the Department within fourteen (14) days of the service date of this order. The Department will act on a petition for reconsideration within twenty-one (21) days of its receipt, or the petition will be considered denied by operation of law. See section 67-5243 (3) , Idaho Code. EXCEPTIONS AND BRIEFS Within twenty-one (21) days after (a) the service date of a preliminary order, (b) the service date of a denial of a petition for reconsideration from this preliminary order, or (c) the failure within twenty-one (21) days to grant or deny a petition for reconsideration from this preliminary order, any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding. Otherwise, this preliminary order will become a final order of the Department. If any party appeals or takes exceptions to this preliminary order, opposing parties shall have twenty-one (21) days to respond to any party's appeal. Written briefs in support of or taking exceptions to the preliminary order shall be filed with the Department. The Department retains the right to review the preliminary order on its own motion. t� 4GFanF!LMED ORAL ARGUMENT If the Department grants a petition to review the preliminary order, the Department shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard, the Department will within a reasonable time period notify each party of the place, date and hour for the argument of the case. Unless the Department orders otherwise, all oral arguments will be heard in Boise, Idaho. CERTIFICATE OF SERVICE All exceptions, briefs, requests for oral argument and any other matters filed with the Department in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with Rules of Procedure 302 and 303 . FINAL ORDER The Department will issue a final order within fifty-six (56) days of receipt of the written briefs, oral argument or response to briefs, whichever is later, unless waived by the parties or for good cause shown. The Department may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. The Department will serve a copy of the final order on all parties of record. Section 67-5246 (5) , Idaho Code, provides as follows: Unless a different date is stated in a final order, the order is effective fourteen (14) days after its issuance if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when: (a) the petition for reconsideration is disposed of; or (b) the petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days. APPEAL OF FINAL ORDER TO DISTRICT COURT Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes final, any party aggrieved by the final order or orders previously issued in this case may appeal the final order and all previously issued orders in this case to district court by filing a petition in the district court of the county in which: i. A hearing was held, ii. The final agency action was taken, iii. The party seeking review of the order resides, or iv. The real property or personal property that was the subject of the agency action is located. 2 The appeal must be led within twenty-eight (2 days of this preliminary order becoming final. See section 67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. For your records I have also enclosed a copy of your Application for Amendment of Permit, which was approved. If you have any questions, please call me at 208--327-7946. Sincerely, Shelley Keen Water Ri hts Supervisor SK:klt Enclosure IYiK� S i� s��u MAY 18 3 CERTIFICATE OF MAILING I hereby certify that on the 11th day of May, 1998, I mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER (Approved License) to the person(s) listed below: Water Right No. 85-07607 STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 Kari Lynn Townsend Secretary MAY State of Idatxu DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, P.O. Box 83720, Boise,Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 April 27, 1998 PHILIP E.BATT GOVERNOR KARLJ.DREHER DIRECTOR STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 RE: WATER RIGHT NO. 85-07607 Dear Permit Holder(s) : The Department of Water Resources is reviewing the permit referenced above prior to issuing a water right license. By issuing a license, the Department confirms that a water right has been established in compliance with the terms of the permit. The examiner who verified your water use reported that your place(s) of use is in a location other than what was described on your permit. Therefore, before a license can be issued, the permit must be amended to depict your water right as it was actually developed. The enclosed Application for Amendment form depicts the place(s) of use and other information as it will appear on the license when it is issued. Please review the amendment form carefully. If you concur with the information presented, please sign the form and return it with the $50. 00 filing fee within 14 days. Also, please note that some of the proposed conditions of approval and remarks may be modified upon further administrative review. If you do not concur, or if you have any questions about this information, please contact me as soon as possible. My telephone number is (208) 327-7946. Sincerely, Shelley W Keen Water Ri is Supervisor SK:klt Enclosure MAY 1 8 1998 MEMORANDUM TO: File 85-07607 FROM: Sharla DATE: April 22, 1998 RE: Licensing Recommendation Adjustments The adjustments to licensing recommendations for Permit No. 85-07607 are as follows: C. DIVERSION AND DELIVERY SYSTEM 2. Place(s) of Use: T35N, R5W, S2 -NESE (8.8 acres) H. RECOMMENDATIONS Irrigation 3/1 - 11/30 0.20 cfs 40.0 afa Domestic 1/1 - 12/31 0.22 cfs 15.0 afa TOTALS 0.22 cfs 55.0 afa The stamdard irrigation season for this area is 3/1 - 1 i//30; the standard annual volume/acre is 4.0 af. The total size of each lot is—.5 acres; adjusting for homes, driveways, etc. the number of acres per lot has been dropped to 0.4 acres, for a total of 10.0 acres. The volume has been calculated accordingly. 4 6 J' Jxb c v ij t-l^e.. 2'L a PC Examiner: Wayne Baldwin Exam Date: September 4, 1997 f,�4;r ;�1"=,L jv i=` Report Analysis of System Capacity for Subdivisions Operator: S. Curtis Date: 4/24/98 Right No.: 85-07607 Existing or Proposed System Storage capacity in gallons 64700 gal Pump horsepower 40 hp Dynamic lift 1000 ft Pump discharge pressure 60 psi Theoretical pumping capacity 0.22 cfs 97.1 gpm Measured pumping capacity 0.22 cfs 98.7 gpm Requirements Number of homes 25 homes Gallons per day per home 1000 gal Area irrigated 10 acres Peak demand period 60 min Calculations Peak instantaneous demand 0.43 cfs 190.8 gpm Suggested pump capacity 0.13 cfs 57.2 gpm Peak demand volume 16834 gal Max potential daily diversion vol. 142180 gal Total daily volume required 35771 gal 0.11 of Time required to pump daily vol. 6.0 hr 362 min Time required to refill storage 2.8 hr 170 min Key Questions Does existing storage capacity exceed peak demand volume? Yes Does existing pumping capacity meet or exceed the suggested pumping capacity? Yes Can the system produce the required daily volume in under 24 hours? Yes Notes: MICR MAY 1 $ 1998 Page 1 iAr ell ol; p IN .4 lZ Ux Ji 4 r All 50, Nk z MAY 1 8 1998 IV "Ic f A LICENSE REVIEW CHECKLIST PERMIT NO. �Sv�� �7 DATE 21 REVIEWER: S HA R L A j,0,gChe/OK NAME Address SOURCE _ es change clarifiy orig. intended source? If no,Void permit POINT OF DIV _Change(Para P39-gov P401P47) _Add(P451P42) W32(multiple in%1/.) W36(overlap) W59(subd. desc) Overlaps: Right(s): File reviewed_ Profile reports printed PLACE OF USE _Change (P41 -gov P43/P47) t(,W60ubd. desc) �-11--s ( Z'Z . J C�-�� !pu acre limit) }� y Overlaps: Right(s): ' File reviewed Profile reports print RATE OF DIV Permitted Rate • cfs Fee limit 1,00 cfs $ Measured cfs / ` Theoretical cfs. 22�2� �YY� Recomminded Total Div Rate .2Z cfs l. W ER USES �� A cfs X a1 lrri - overlap R58-R61 R62-R65, R66-R69 cfs-, - /�.yr supp. gw(WB7/065/079) cfs of0 overlap spec.combined its(W35) cfs of 1 5' <1 acre 1) cfs of Domestic (W0170/0711/075) TOTALS cfs of Power (W42 or W43/025/027/R22 or R23) Fish(042) Fire(077) Wtr Quality(081/R07) Flow rate cfs days X 1.98 = 7 of REMARKS ADD'L CONDITIONS Watermaster Control WD# GW Measurement/Measuring Device - Others Trust (052IR55-remove 051) Non-trust(048/049) hn�s Advance Priority_yes no SRBA Claim Adjust Memo Amend letters b RECEIVED Form 219 ' 6/92 � �998 STATE OF IDAHO S44 2 DEPARTMENT OF WATER RESOURCES BENEFICIAL USE FIELD REPORT �t�WaterR$slsre� A. GENERAL I FORMATION Permit No. 954- 1. Owner:, Phone No. _ 7 c/3 ,'gO Current Address:ZZ 22— 2. Accompanied by: ^��� �/ EXAM DATE : Q=y"Q Address: Phone No. Relationship to Permit Holder: 3. Source: tributary to B. OVERLAP REVIEW 1. Other water rights with the same place of use: 2. Other water rights with the same point of diversion: C. DIVERSION AND DELIVERY SYSTEM 1. Point(s) of Diversion: Ident Gov't No. Lot 1/4 Y4 1/4 1 Sec. Twp. Rge. County Method of Determination/Remarks 2. Place(s) of Use: Indicate Method of Determination TWP RGE SEC NE NW SW SE Totals TN or o( Zw f / M! o ILMED /.Z 3. Delivery System Diagram: Indicate all major components and distances between components. Indicate weir size/ditch size/pipe I.d. as applicable. ............. ............ ............. ............. ........ ............. ............ ............. ............. ............. ............. ............ ...........;............. ....... ............. ------------ ---.:------------ Z ............. ........................... ............. ...... ............ ............. ............. ............ ............ ............. ........................... ............. ............. ..... .............. ...... .............I.............. ........................... ............. ........................... ............ ..............I. ........... + ----------------------- ............. ............ ........................... ............. ........ ............. . .........I........................................... ............. ..............I ........... ........................................................ ............. .........................................I,.............:.............. ............................. ......................... J ............ ............. ..............I............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............ SOW*7,- Copy of USGS Quadrangs Attached Shooing tocation(s)of Aeft Photo Attached Photo of Diversion and System Attached polrd(s)of dK%mlon and place(s)of use(required). (required for Ird9ation of 10+acme) 4. Well or Diversion Pump Serial No. or Identification No.* Motor Make Hp Motor Serial No. Pump Make Discharge Size *Cods lb oonowaW m1M Ab an mW and sonar phob D. FLOW MEASUREMENTS 1. Measurement Equipment Type Make Model No. Serial No. Size Callb. Date 2. Measurements. M-a! MAY 18 1W E. NARRATIVE/REMARKS/COMMENTS 6 GLt.eAAA Have conditions of permit approval been met? !/yes r'A fila 199 F. FLOW CALCULATIONS Additional Computation Sheets Attached Measured Method: /ad }G , �331��/ _ "- + �� G 4- G. VOLUME CALCULATIONS 1. Volume Calculations for Irrigation: V,.,, = (Acres Irrigated) x (Irrigation Requirement) 3 = 3 VDA [Diversion Rate (cfs)] x (Days in Irrigation Season) x 1.9835 = .a�� NS- X l Q k3 f /D G V = Smaller of V,.R. and VDA. _ 2. Volume Calculations for Other Uses: H. RECOMMENDATIONS 1. Recommended Amounts Beneficial Use Period of Use Rate of Diversion Annual Volume ` From To a (cfs) V (afa) o r—ate L2 -3i -2-2 Totals: 2. Recommended Amendments _ Change P.D. as reflected above Add P.D. as reflected above None Change P.U. as reflected above Add P.U. as reflected above Other I. AUTHENTICATION Field Examiner's Name Date C Reviewer Date SEAL SCHAUB SUBDIVISION NEZ PERCE COUNTY, IDAI ZTWN35N, R5W, SEC2 P e. ti 22 i 1 ; LOT 1 1 \ � ` \ 111 0 5q. OX 21.858 aq.ft. s \ \ \, 0:50 a� es ` 1 0.50 acres 62 b1.ft. q \� \ L8T2 � , \ f j �0.50 acres � � `'�•.. LOT 2 21,780 sq,ft. �4�', �~• __ LOT 3 -.�_ t �'n --�..__..- -- ' �� - e acres 22,566 sq.ft110 LQT' --� _ —22s118 sq.ft. f'. 0.51 It j 21,772 sq.ft. .r" LOT22 / \ ip fl LOT 5 fyS2 acre .-'sq. 21,780"sq:ft. -�_—_ -__ _ -� �f I� ! pr50 acres _ `� �LOT`1b ' - 21.780 sq.�t. STA- 6+87,.47'kD-2 0.50 gcrds f f1 Y It. = O+�Q'f2D-3 _ - Co " w �- i� -- - L01 15 21;780 sq:ft. LOT 6 -r-- - - _ `n -- �, �/ 0.50,0Eras f i!I IIlI! 0.5,01'acres i LOT 7 `''' s.3 r 0.50 acres r. is r 21.780 sq.ft. L-� f _ 0.50i acres] / LOT 12 i !t ;• / _ 0.50 acres _ - LOT 13 L07 10 ��-ff.50 acres is 21543 sq.ft. 'I t.+,` LOT 8, \ 0` 2 acres -='LQT 14 21,780 sq.ft. 21,841,sq:ft. 0:50 a res 0.50"6cres _ f OT 9 1,789 sgft. % 0.50 i � ,~ � ; '\•'`inn ``� \ \ .:mot �''71"1 ��\ l�\ '� '."!•�,,' .' -=-li ;/! •r 1 r v 514 \ Lam' 25' 5140 T. \ A3all 5139 � � 1 /42$. OLD __ LAPWAI .I ��� I ''`_ fl ROAD 1600, 5138 C� 11 N loo $'. /400 $137 N _ A vg �` o�,,' •�� 1 ��` °oo ,36000�., 1544 t; ter``---• .� _..��� r' n -- � -_ 'CHARDS SOUTH) G/ L 4V ry sw •55' S07 I ERiOR—iE0_ .1 1�fURYEv,WA5 .N.TnN,�. y+p -2 ssisted by ul�,,'.. `.I`:,:',., 1/. UZU:1 �� Y/ ♦'f. 1 to fn.� Ce �' Pt ,.,+1' t° Iy l r J(, r}: .•f%lit° .,'i,..• Yi• +�•-- '�= j �. `J, ' , r=- '•� ''`• ''• ��� r• .-l";.T--� ;tip '�'�KJ� 'J'� ��'�•.... 'i'11. � ..wJjt A / I \r �� .17!'.Y{ +I•,• It, 014 nj 01411 31 ID es 7�=. ,r ., �;�J �'�ti��*.'`••. i C i i� �r„` rJ. � A. Y^ ry1� fit. 3' l �F 1j T '�:/4�,y �,11, 1 ,� •4� t,� �I / t!'--.,+I.�� Ifs .rj F=. ••�' rY :':-7`.2 116 yam' ,7' A.� r� i rr fir'.,);. 1 it �' s ry , •' 16 IJ Y/ r+. '\� ``��:}eh,_F. a' �•:.` � ►mac I/ �I^"\ �` 11 i l '_ �Ri IF `t� .`... � 1 ��` ! •�i� •i ���` ..tea.,` f t5 f• '! ! / � / / 1 � �'f ,� '• IF U lid. 1 1 1 '1 1 �tg! i i : /• I. 1 `ice•� •�� `, 1• ��--.��� 1 .. Q� 4, I Ifs I . ! / .' /•/' ./ j / �.,_. 1 , +S�j.,� 1 ■111��Q77{101� i..�Mt /�1 /� ''f�l/�',�''/•� � .h�`l�:/�• '�,�'�•, ! �w � • Loo Ado, . . •' .�.�, '" . �'t�aril;+'/2�T: �^/ �! ''`�' 1. '"� .• 1.�RWc�avtt l'Vl...._Y'. .:'.a.l I Is`7k<:i"�itl1� A►1 :a?E!' 3� o O w , �• - 'Yy �:w` ♦r 'r. vim.- ;.- _ .�r• �► 1 N FA 7 Y ML �V 4YY _I•- � 5 I R � IaAHp - ila i -'SIR .t1'i� I •N�' .M�� •~Z� SS•r• • �• ANALYSIS SHEET FOR PROOF OF BENEFICIAL USE Permit No, 'r C Reviewed by Date Z (c GENERAL CONSIDERATIONS TYPES OF, USE Name same as permit? c�rrl Address same as permit? Proof timely received? Correct Uses?ao; -, If not, complete calculation below. SOURCE,QF WATER Surface water source Ground water source `;, Drilling permit required? r L Copy in the file? Drilling Permit No. `-`_� 9 CA • ri - OcY-v c) Amount paid for permit Correct? Well log in the file? LICENSE EXAMINATION FEE MEASURING DEVICE Required? _1�� Required? I L,)C% Amount Submitted Installed? L Correct? Waiver requested? PRIORITY CALCULATION Date proof received Date proof due No. of days late Priority Date + New Priority Date DEFICIENCIES OR ACTION ITEMS pr'--r-�r DAIA ENTRY New Address Proof Made / Z � December 6, 1996 STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 PROOF ACKNOWLEDGMENT LETTER RE : PERMIT NO. 85-07607 Dear Permit Holder: The department acknowledges receipt of the proof of beneficial use form submitted for the above referenced permit . The next step in the process of developing a water right is for the department to conduct a field examination to determine and confirm the use being made of the water. If you have questions concerning this matter, please feel free to contact the NORTHERN Regional Office in Coeur D' Alene at (208) 769-1450 . Sincerely, JULIE L. YARBROUGH Senior Secretary c : IDWR - Region 0.. September 30, 1996 STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 PROOF DUE NOTICE RE: PERMIT NO. 85-07607 Dear Permit Holder: One of the conditions of approval of the above referenced water permit was that proof of the extent of your beneficial use must be submitted to this office on or before December 1, 1996 . (See last page of your approved permit or your last approved extension request . ) Enclosed is a form which when accompanied by the license examination fee or a complete field examination report prepared by a certified water right examiner may be used to submit the required proof . If you have not fully completed your project, and you or a pre- vious owner of this permit have not received a prior extension of time, you may request an extension of time if the delay is for reasonable cause as provided in Section 42-204, Idaho Code. If you have been prevented from proceeding by a governmental agency or by litigation which might bring title to the water in question, more than one extension of time can be granted. An extension of time request form is enclosed for your convenience . Either an acceptable proof of beneficial use submittal or an acceptable request for an extension of time must be received by this department on or before the above described proof due date . If neither is received, the department will send you a lapse notice . Within sixty (60) days of the mailing of the lapse notice, the permit will no longer be of any force nor effect . SINCERELY, JULIE L. YARBROUGH Senior Secretary Enclosures IR CERTIFIED MAIL r ANALYSIS SHEET FOR EXTENSION OF TIME Permit No. Q 7 Cp v"7 Reviewed b Date BASIC INFORMATION b -i Z- Date stamp received s Extension received timely Fee received and receipted Name and signature same as permit Address Change BAS15 FOR EXTENSION ftEQUEST �. Has adequate work been completed to demonstrate due diligence? Has the permit been involved in litigation? Is supporting documentation needed to complete the file? Requested? Is delay by a government agency? Is supporting documentation needed to complete the file? Requested? Is the project more than 25,000 acre feet for irrigation or 10,000 acre feet for a reservoir? ACTION TA EN PRIORITY CALCULATION Date extension received = Proof due date = Number of days late - Priority date New Priority Date = DATA ENTRY V New Address Change Proof Due Date 12 - Co Change Priority Date V State of Idaho DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, Statehouse Mail, Boise, Idaho 83720-9000 Phone: (208) 327-7900 FAX: (208) 327-7866 PHILIP E.BATt GOVERNOR KARLI DREHER DIRECTOR October 27, 1995 Stephen Schaub Ranch 3745 Lapwai Rd. Lewiston, ID 83501 RE: Permit No. 85-07607 Dear Permit Holder: Enclosed is a copy of the approved request for extension of time. The time within which to submit proof of beneficial use is extended to December 1, 1996 . Please note that the department has granted this extension based on due diligence. It is important that you work diligently toward the completion of this project during the construction period allowed since the department will not be able to grant additional extensions based on due diligence. If you have any questions or if I can be of any assistance, please feel free to contact me at (208) 327-7900 . Sincerely, JULIE L. Y.ARBROUGH Senior Secretary Enclosure C: IDWR - Regional Office r ma. Nov 7 U� 1 79�.5 -- Celebrating Our Centennial Year of Service to Idaho m95--1995 -- r r September 30, 1995 STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 PROOF DUE NOTICE RE: PERMIT NO. 85-07607 Dear Permit Holder: One of the conditions of approval of the above referenced water permit was that proof of the extent of your beneficial use must be submitted to this office on or before December 1, 1995 . (See last page of your approved permit or your last approved extension request . ) Enclosed is a form which when accompanied by the license examination fee or a complete field examination report prepared by a certified water right examiner may be used to submit the required proof . If you have not fully completed your project, and you or a pre- vious owner of this permit have not received a prior extension of time, you may request an extension of time if the delay is for reasonable cause as provided in Section 42-204, Idaho Code . If you have been prevented from proceeding by a governmental agency or by litigation which might bring title to the water in question, more than one extension of time can be granted. An extension of time request form is enclosed for your convenience . Either an acceptable proof of beneficial use submittal or an acceptable request for an extension of time must be received by this department on or before the above described proof due date . If neither is received, the department will send you a lapse notice . Within sixty (60) days of the mailing of the lapse notice, the permit will no longer be of any force nor effect. SINCERELY, JULIE L. YARBROUGH Senior Secretary Enclosures CERTIFIED MAIL a3 � NO. ILZ 3 5 S State of Ydaho DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, Statehouse Mail, Boise, Idaho 83720-9000 Phone: (208) 327-7900 FAX: (208) 327-7866 CECIL D. ANDRUS GOVERNOR R. KEr H HIGGINSON DIRECTOR December 13 , 1994 STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 PERMIT APPROVAL NOTICE RE: PERMIT NO. 85-07607 Dear Permit Holder: Enclosed is a copy of your approved application for permit. Please be sure to thoroughly review the "CONDITIONS/REMARKS: " listing on the permit. Enclosed is a form entitled "Instructions for Proof of Beneficial Use" . Please read the instructions carefully since you must take further action to develop this permit. Also enclosed is a form entitled "Proof of Beneficial Use" . If your project is already completed you should complete and submit this form immediately. Sincerely, JO ON, Manager Water Right Permits Section JJ:dc Enclosures t For 2 8- �' POSTED STATE OF IDAHO USE TYPEWRITER OR a DEPARTMENT OF WATER RESOURCES BALLPOINT PEN �� WELL DRILLER'S REPORT State law requires that this report be filed with the Director, Department of Water Resources within 30 days after the completion or abandonment of the well. 1. WELL OWNER 7. WATER LEVEL Name �41 Static water level feet below land surface. Address � �! -025 ./ Flowing? ❑ Yes -$� G.P.M. flow Artesian closed-in pressure p.s.i, Drilling Permit No. �g% 1 —4v d _y_7)) Controlled by: ❑ Valve ❑ Cap ❑ Plug 7C�o s Temperature OF. Quality_ e"'6'9? Water Right Permit No, r Describe artesian or temperature zones below. 2. NATURE OF WORK S. WELL TEST DATA 4w�t1 ew well ❑ Deepened ❑ Replacement ❑ Pump ❑ Bailer it ❑ Other ❑ Well diameter increase ❑ Modification ❑ Abandoned(describe abandonment or modification procedures Discharge O.P.M. Pumping Level Hours Pumped such as liners,screen,materials,plug depths,etc. in lithologic log, section 9.) 3. PROPOSED USE Domestic ❑ Irrigation ❑ Monitor 9. LITHOLOGIC LOG ❑ Industrial ❑ Stock ❑ Waste Disposal or Injection Bore Death Water J Other (specify type) Material 1 lam. From To Yes No D 4. METHOD DRILLED -Notary p-Afr ❑ Auger O Reverse rotary ❑ Cable ❑ Mud ❑ Other 7 (backhoe, hydraulic,etc.) Q 7 !/ 5. WELL CONSTRUCTION X IM-6 Z/17 Casing schedule: Meet ❑ Concrete fEr bther em4f__ Thickness Diameter From To inches In inches + __Z_feet�_feet a 2 90_ inches_X inches 7_1—feet 4[12 feet ,Z S'8 inches_r--) inches �_feet,LQ feet Was casing drive shoe used? -F rYes n No - Was a packer or seal used? Yes ❑ No Perforated? D-yes U No �' How perforated? ❑ Factory ❑ Knife El Torch in v Size of perforation? �inches by ef _ inches 1 v Number From To /67 perforations 9K0_ feet feet perforations feet feet j perforations feet feet Well screen installed? ❑ Yes 8-40 Manufacturer Type Top Packer or Headpipe Bottom of Tailpipe Diameter Slot size Set from feet to feet Diameter Slot size Set from feet to feet REO Gravel packed? ElYes _0fdo ElSize of gravel I Placed from feet to feet Surface seal deptl/$Material used in seal: O Cement grout 44-Bentonite ❑ Puddling clay ❑ f'IUN Sealing procedure used: ❑ Slurry pit ❑ Temp. surface casing .erdverbore to seal depth Method of joining casing: ❑ Threaded _L;1,�elded 4i-Solvent Weld ❑ Cemented between strata 10. Describe access port �f�/�� y�- Work started finished l 6. LOCATION OF WELL 11. DRILLER'S CERTIFICATION Sketch map location must agree with written location. ]Me certify that all minimum well construction standards were N complied with at the time the rig was removed. Subdivision Name -- - Burns Well Drilling, Inc. Firm Name Firm No. f Q .3 w - --I E Lot No. Block No. Addres OXt� '' C s County r Address of Well Site C � Signed by Drilling Supervisor 04 (give al least name of road) and T Z11— N +�"5r S ❑ (Operator) -A ,L_ ��✓_ �/a 1/4 Sec. , R._ E ❑ or W (If different than the Drilling Supervisor) USE ADDITIONAL SHEETS IF NECESSARY -- FORWARD THE WHITE COPY TO THE DEPARTMENT APPLICATION FOR PERMIT STATE OFFICE REVIEW by Cindy Zimmerman No -74,o`i Name: eA_,p,Date: Correct Fee? AREA OF CONCERN? - No/Yes *_�__Mor GWMA Trust/Non-trust SYSTEM COMPLETED: - �G' No - C26A-P17 Complete in 1 year - P16 Yes -- Proof not submitted - P16 Proof submitted - NA GROUNDWATER: + 0.2 cfs <FLO-CH> - � (new) , V1K (existing) , No MD - 0.2 cfs - No MD <FLOW CHART> Drilling Permit: Included w/permit - Permit No. - -_- - P99 Existing well - NA (pre 7/1/87) No WD permit? - 046-46A(Irr) -46B-P23 (post 7/1/87) SURFACE WATER: not in WD - T17 (+. 2 w/pump) , No MD <FLOW CHART> LOCATION: Water District(4&m) - WD No. *Surface water - 005 (req) 01J-P08 <FLOW CHART> (doesn't sink) or 01H-P01 <FLOW CHART>; No MD Groundwater - P05 (new irrigation well) In stream channel - 030 (stream channel alteration) Irr Dist/Canal Co. - 023 (Twin Falls area) Drainage Districts - 024 Flood Control Dist. - 063 Boise Front (63) - 058 (-850 GW temp only) Swan Falls Flag - -t> _ <SEE CONDITION CODE CHART> Trust - 051-052-053-P74 (Consumptive Uses) , NA Non Trust <1> - 048-049 (Consumptive Uses) , NA RIVER BASINS (*Surface water) : Boise R(63) - 05A (if WD) , 11E (non-domestic use) , NA Payette R(65) - 064 (consump. use) , 047-PO4 (Payette Lake) , NA Snake R(01/02/03) - 11A-PO4 (01) , 061-P07 (02/03 No WD Cond. ) , NA USE: Fish Propagation - 07A-042 (req) & 010/06A/09E(WQ) -P10 044 (N 1000 Spr) ' Irrigation - 03A/057, 803 (if GW use SW 1st) C-45A PU comp) , NA Power - 08A-17K-025-027 (req) ; 01F(MD) -P19; 09E(WQ) -P10; +25 cfs-P18; 17G(FERC) or 17M(FERG) ; 18B-P09 Mining - 054 (req) & 06A/010/09E-P10 Storage(✓ 3 compo.) - 18A(multi MD in WD) , 18B-P09 (+10' dam) , NA Domestic (surface) - 021 (Boise R t L Peak) , 064 (Payette R) , NA OWNERSHIP: Non land owner - 004 (PD/PU) PROTESTED: - 020 (Prehearing agreement) /W19 (See Order) OTHER CONDITIONS: - REMARKS: - i7 r12 wa y M pA&1i,+s I BENEFICIAL USE DUE: - 11-1-199 S COMMENTS: - �� WR0749NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: 12/02/94 No. PBS-07607 WATER RIGHT PROFILE REPORT PAGE: 1 OWNER PRIORITY USE PERIOD DIVERSION DIVERSION CODE NAME & ADDRESS DATE WATER USE FROM TO RATE VOLUME C STEPHEN SCMAUB RANCH 08/16/1994 IRRIGATION 03-15 11-15 0.24 CFS 3745 LAPWAI RD DOMESTIC 01-01 12-31 0.56 CFS LEWISTON ID 83501 ------------ (208) 743-5904 TOTAL DIVERSION: 0.80 CFS Water Source: GROUNDWATER Tributary to: Stage: PERMIT Points) of Diversion: T35N R05W S01 Lot 03( NENW) NEZ PERCE County Place of use Legal Description for: IRRIGATION NE NW SW SE NENE NWNE SWNE SENE : NENW NWNW SWNW SENW NESW NWSW SWSW SESW NESE NWSE SWSE SESE T R S Lt Ac Lt Ac Lt Ac Lt Ac : Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt AC Lt Ac Lt Ac Lt Ac Lt Ac SUM 35N 05W Z 12 12.0 TOTAL ACRES 12.0 Place of use location for DOMESTIC is the same location as described for: IRRIGATION Pou County: NEZ PERCE Other Water Rights with Same Point(s) of Diversion and Source: 85-04394 85-07607 Other Water Rights Listing Overlapping Places) of use: 85-07607 Conditions of Approval: 01K - The right holder shall provide a means of measurement acceptable - to the Department from all authorized points of diversion which - will allow determination of the total rate of diversion. 03A - The rate of diversion of water for irrigation under this right - and all other water rights on the same land shall not exceed 0.02 - cubic feet per second for each acre of land. Remarks: Place of use is located within Lots 1-22, Schaub Subdivision. Domestic use is for 24 homes. The domestic use authorized under this permit shalt not exceed 13,000 gallons per day per dwelling in accordance with Section 42-111, Idaho Code. Dates: App. Received: 08/16/1994 Priority Date: 08/16/1994 Proof Due Date: 12/01/1995 Proof Made Date: Exam Made Date: Exam Sent to S.O.: Licensed Date: Misc: Water District Number: Field Exam Fee: WR0749NP IDAHO DEPARTMENT OF WATER RESOURCES DATE: 12/02/94 No. P85-07607 WATER RIGHT PROFILE REPORT PAGE: 2 Comments: Date: 08/23/1994 User-ID: RCHILDER Subject: DIVERSION DESCRIPTION Well diameter 611, depth 10431. Date: 12/02/1994 User-ID: CZIMMERM Subject: PARTNERS The partners of Schaub Ranch are Stephen Schaub, Mary Schaub, James Schaub, and Danielle Schaub. The ranch manager is Ron Wittman. Audit: 12/02/94 CZIMMERM RECEIVED DEC 2 mat oiWales RMUM SCHAUB RANCH 3745 LAPWAI RD. LEWISTON, IDAHO 83501 Tuesday , November 29 , 1994 STATE OF IDAHO DEPT. OF WATER RESOURCES ATTN: CINDY ZIMMERMAN WATER RESOURCE AGENT PERMIT NO. 85-07607 Dear Cindy: The SCHAUB RANCH is a farm owned and operated by the Schaub family. The family members consist of Stephen Schaub, his wife Mary, and their two children James and Danielle . My name is Ronald Wittman and I manage the ranch for the family . In reviewing your letter , I can provide you with the names of each family member and their social security numbers . I can also give you the ranches Employer Identification Number . Stephen Schaub S . S . no . 519-42-2832 Mary Schaub 518-46-6224 James Schaub 519-80-8131 Danielle Schaub 217-02-5394 E. T . N. 82-0362635 I have also enclosed the preliminary plat map for the subdivision and the map showing the Township , Range , and Section. I hope this is all the information needed to finalize our permit . If their is any further information needed please contact me at 208-743--5904 . THANKYOU Ron Wittman •� .eY1�eT���[yfy i �{r C. 201994 State or Idaho DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, Statehouse Mail, Boise, Idaho 83720-9000 Phone: (208) 327-7900 FAX: (208) 327-7866 CECIL D. ANDRUS GOVMNOR November 14, 1994 R. KEITHHIGGINSON DIRF,CP6R STEPHEN SCHAUB RANCH 3745 LAPWAI RD LEWISTON ID 83501 RE: Application for Permit No. 85-07607 Dear Sirs: I received the above application for permit for domestic and irrigation uses for final review. However, I need a list of the names, titles, and addresses of all the officers and/or partners of Stephen Schaub Ranch. Also, your application identifies that the domestic and irrigation use will occur within a 24 lot subdivision, yet the file does not contain a subdivision plat map. Please submit a copy of the subdivision plat map. I will hold further processing on your application for 14 days pending your response. Please submit this information as quickly as possible within the 14-day period to prevent any further undue delay in processing your application. If you have any questions, please feel free to contact me at (208) 327-7944. Sincerely, Cindy Zimmerman Water Resource Agent 1994 WRO75ONP IDAHO DEPARTMENT OF WATER RESOURCES DATE: 11/14/94 (OD-138) PLACE OF USE 1/4 1/4 COMPARISON REPORT PAGE: 1 (WATER RIGHT NUMBERS THAT BEGIN WITH AN I*- ARE ADJUDICATION CLAIMS) NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE WR-NUMBER SOURCE Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac Lt Ac SUM 8507607 T35N R05W S 1 GROUNDWATER 04 4 8504329 SPRING : 03-01 1 NO MAPPING INFO AVAILABLE 8507607 T35N R05W S 2 GROUNDWATER 04 04 8 8507561A GROUNDWATE 31 31 8507594 GROUNDWATE 20 20 NO MAPPING INFO AVAILABLE NV �1 No. a 1 10 DEPARTMENT OF WATER RESOURCE. 4/87-06/92n APPROPRIATION APPLICATION ANALYSIS SHEET 'J r� APPLICATION it INITIAL REVIEW / APPLICANT: (~ ) BY: DATE: / ITEM REQUIRED INFORMATION PROCESSING / //C7/ 1. ( } Name and Address Yee No PRIORITY DATE: 2. ( Source 3. { Point of Diversion & County (Include Moratorium Remark) 4. Quantity (x} Nature of Proposed Use Statewide Avertising: (Diversion rate (K) Period of Use greater than 10 cfs or 1,000 af) . 5. ()o Total Quantity / 6. (K} Description of diverting works �.4✓ i` 7. ( ) Time required for b/u _ 8. ( Proposed use ADVERTISE IN: A-)EL PC12C� County. 9. ( Place Of use or acres irrigated 10. ( ) Other Water Rights 11. (x} Ownership 13. Map LETTERS SENT REQUESTING: Signature { Fee (Amt, recpt, acknowlegment) { ) Dam Information ( } Fish Inform(ation *** Send info sheet Y( ) N( } { ) Power Information ( ) Other: N '� ADDITIONAL INFORMATION Yes No INFORMATIONRECEIVED: Field check: by Field report attached ( ) Dam Information ( } Fish Information — � Analysis Supp. attached(>5cfs/500af) Water delivered by water master? ( ) Power Information ( ) Other: ,- Water District # ******************+►+r**********rr*** GROUNDWATER SECTION (Yes) ( NO) Checked by: Date:,/—/ KGroundwater management area Remarks: Critical ground water area Well Drilling Permit required V Well Drilling Application and Fees received Well Drilling Application approved? Well Drilling Application Number _J *************************** FINAL REGIONAL PROCESSING/REVIEW ************•***************** (Yes) ( No) Notice of pending void order issued. Final order response date: _ Further information required from applicant Affidavit of publication received Application published correctly, If not, record action taken: Publication dates and paper recorded on application I Sr. Agent initial °v Protests received. Final protest date: _ Measuring device required _ Measuring port required Special conditions: ` Special conditions of approval su tter attached: 0 Approval Recommended by: oCT 1119M Date: J_/Z_// _ Department of Water ResoarM _.._ ...,.. _. ,. ..........•.w�...rw.v..:.l-a.....w+a.-..w.c�u\it•..:i n1t'J�u..d..ice....1....,�..R..-........_ ..1..a,e.�.1.1..4nU�CAI:. TRIBUNE PUBLISHING COMPANY, INC. Date 09/08/94 INVOICE NO, 510414 RECEIVED The Lewiston Morning Tribune 505 C St., P.O.Box 957 Account No. 964750 SEP 13 1994 Lewiston, Idaho 83501 (208) 743-9411 Description 510414NOTICEOFAPPLICAT muh "—— ""uN IDWR LEGAL ADVERTISING Times 2 Lines 53 INVOICE Tab, Lines SOLD TO: ID DEPT. OF WATER RESOURCES $ 59.62 1910 NORTHWEST BLVD. STE 210 COEUR DAL ID 83814 NOTICE:This is an invoice of Purchase made by you. Statement will be rendered the first of the month. Please Retain This Invoice as Your Statement Will Refer to Invoice by No. Only. a.a.� AFFIDAVIT OF PUBLICATION NOTICE OF APPLICATION FOR WATER RIGHT The following application(s) have been filed to appropriate the public'' STATE OF IDAHO, ss. waters of the State of Idaho: CRAIGO,i v>3 w- County of Nez Perce CRAIGO,HELEN R 905 17TH ST CLARKSTON WA 99403 Source:SPRING Karen Lewis being duly sworn,deposes and says, I am Tributary COTTONWOOD CREEK, the _WalClerk of the Tribune Publishing Company,a corporation Source:UNNAMED STREAM Tributary COTTONWOOD CREEK organized and existing under and by virtue of the laws of the Diversion Pt:NWSW Sec 11 T 36N R State of Idaho,publishers of the LEWISTON MORNING TRIBUNE, 03W in NEZ PERCE County a newspaper of general circulation published at Lewiston, Nez Perce County, Use: IRRIGATION ( .OZO CFS)DOMESTIC (.040 CFS) Idaho;That the said Lewiston Morning Tribune is an established newspaper Total Diversion (.040 CFS) and has been published regularly and issued regularly at least once a day Date filed:8/15/1994 for more than 21 consecutive years next immediately preceding the first In: NEZ PERCE Coun publication of this notice,and has been so published uninterrupted for 1.0 ACRES TOWTALl SW said period;that the 510414NOTICEOFA attached hereto and which is made 95-0707 a part of this affidavit was published in the said Lewiston Morning Tribune, STEPHEN SCAARSRF►NCHn I 2 time(s). Publication being on 09101 or once a WEEK 3745 LAPWAI ROAD f I J for_2_consecutive WEEK.the first publication thereof being on LEWISTON ID 83501 rrr111 ��y Source:GR6UNDWATER the Q9/41/94 ,and the last publication thereof being on Diversion Pt: NENW Sec 1 T 35N R� the 09/08/94 ,and said 510414NOTICEQFA was so published in the 05W in NEZ PERCE County regular and entire issue of said newspaper and was not in a supplement Use: IRRIGATION ( .240 CFS), thereof and was so published in eve issue and number of the said DOMESTIC (.560 CFS} p every total Diversion: (.800 CFS) paper,during the period and times of publication as set forth above. Date Filed:8/16/1994 In: NEZ PERCE County T35N R05W S01 NENW S02 NESE SESE 12.0 ACRES TOTAL i67 For additional information concerning the properr%ty location,call the Northern Regzanal Oft"ice at{208) 769-1450. SUBSCRIBED AND SWORN BEFORE ME THIS THE The permit(s) will be subject to all i prior water rights. Protests asust be filed with the applicant and with the Director, Dept. of Water Resources,i day of 1994 Northern Regg�'on 1910 Northwest, Suite Blvd.,Su 210, Croeur d'Alene,Idaho 83814, together with a protest fee of $25.00 on or before SEPTEMBER 19, 1994. Notary Public in and for the State of Idaho, R.KEITH HIGGINSON,Director, residing at Lewiston,therein Published 9/1/1994&9/8/1994 :i ConRtissioii Expire 1994 State t... Idaho DEPARTMENT OF WATER RESOURCES NORTHERN REGION, Suite No. 210 . 1910 Northwest Blvd. • Coeur d'Alene, Idaho 83814.2615 IL (208) 769-1450 Fax (208) 769-1454 CECIL D. ANDRUS R. KEITH HIGGINSON Governor Direaor August 24, 1994 Stephen Schaub Ranch 3745 Lapwai Rd. Lewiston, ID 83501 Subject: Water Appropriation Application for Permit Number 85-07607. Dear Stephen Schaub Ranch: The Idaho Department of Water Resources hereby acknowledges receipt of the above-referenced Application for Permit to Appropriate the Public Waters of the State of Idaho. Enclosed is Receipt Number N008068. Please refer to your Application for Permit Number in future matters concerning this water right application. Your Application for Permit is currently being prepared for advertising in the local county newspaper. The advertisement will be published for two consecutive weeks followed by a waiting period of ten days to allow for submittal of protests. If your application is not protested, it will be forwarded to Boise for processing. Normal processing time is approximately 3 to 4 months, if the application is not protested. If your Application for Permit is protested, you will be sent a copy of the protest and instructions to aid you in resolving the protest without a hearing. All protests must be resolved before your Applica- tion for Permit can be approved. If the protest is not resolved, this Department will conduct a conference and/or hearing on the matter. You will receive your approved Application for Permit and instructions on filing the Proof of Beneficial Use from our State Office in Boise. If your Application for Permit is for a well (groundwater) that was constructed after July 1, 1987, you must apply. for a well drilling permit upon approval of your Application for Permit if no permit was obtained by previous owners to construct the well. Well Drilling Permits can only be issued by this office to holders of approved Applications for Permit. If I can be of further assistance, please feel free to contact me at this office. Sincerely, `fALLEN BEARDSLEE Senior Water Resource Agent Enc. - Receipt A.,. 85-07607 STEPHEN SCHAUB RANCH 3745 LAPWAI ROAD LEWISTON, ID 83501 Source: GROUNDWATER Diversion Pt: NENW Sec 1 T 35N R 05W in NEZ PERCE County. Use: IRRIGATION ( .240 CFS) DOMESTIC ( .560 CFS) Total Diversion: ( .800 CFS) Date Filed: 8/16/1994 In: NEZ PERCE County T35N R05W S01 NENW S02 NESE SESE 12 .0 ACRES TOTAL RED PHEASANT HOLDINGS , LLC SCHAUB RANCH , LLC PHEASANT TRAIL ESTATES 3RD ADDITION PRELIMINARY ENGINEERING REPORT �S0AL FNc �. GENS / NS < �F of � '�� "�L L I AM S5` December 2020 CJ-U-B J•U•B ENGINEERS, INC. 201 S.Jackson Street Moscow, ID 83843 p 208.746.9010 THIS PAGE WAS INTENTIONALLY LEFT BLANK TABLE OF CONTENTS 1 PURPOSE & NEED .................................................................................................................... 1 1.1 Scope of Work............................................................................................................................................1 1.2 Inventory of System Facilities....................................................................................................................2 1.3 Demand Development...............................................................................................................................5 1.4 Current and Future Land Use.....................................................................................................................5 2 DESIGN CONSIDERATIONS ...................................................................................................... 6 2.1 Red Pheasant Requirements.....................................................................................................................6 2.2 Code Provisions..........................................................................................................................................6 2.3 Existing System Hydraulic Model Results..................................................................................................7 2.3.1 System Pressure for ADD...............................................................................................................7 2.3.2 System Pressure for PHD...............................................................................................................7 2.3.3 System Fire Flow Results................................................................................................................8 2.3.4 Existing System Summary............................................................................................................10 2.4 3rd Addition Hydraulic Model Results......................................................................................................12 2.4.1 3rd Addition Pressure for ADD......................................................................................................12 2.4.2 3rd Addition Pressure for PHD......................................................................................................12 2.4.3 3rd Addition Fire Flow Results ......................................................................................................13 2.4.4 3 rd Addition Summary..................................................................................................................13 3 RECOMMENDATIONS............................................................................................................ 13 APPENDIX A—MODEL RESULTS ................................................................................................... 15 FIGURES Figure 1-Vicinity Map Figure 2-System Layout TABLE OF TABLES Table1-Distribution System Piping..............................................................................................................................2 Table2-System Demands............................................................................................................................................5 Table 3-Existing System Pressures and Fire Flow Analysis......................................................................................... 10 Table 4-3rd Addition Model Results........................................................................................................................... 13 iii Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 1 PURPOSE & NEED The Red Pheasant Holdings, LLC and Schaub Ranch LLC, (Red Pheasant) is in the process of developing plans for the extension of the domestic water system to the Pheasant Trail Estates 3rd Addition.The extension is located southeast of Pheasant Chase Dr. and Vinifera Blvd. See Figure 1 for the project location.The extension layout was developed by J-U-B ENGINEERS, Inc. and is the next phase of development in the area.J-U-B developed a report of the Red Pheasant Water System titled "2018 Water System Engineering Update" detailing the existing system and the 2nd Addition to Pheasant Trail Estates, which was reviewed by Idaho Department Environmental Quality(DEQ).The 2018 Water System Engineering Update is referred to herein as "2018 Engineering Update".The 2018 Engineering Update presented the existing system development history and evaluated capacity requirements for up to 175 connections. The Pheasant Trail Estates 3rd Addition does not exceed the 175-connection capacity evaluated in the 2018 Engineering Update. This preliminary engineering report(PER) is required in order for Red Pheasant to design and construct facilities necessary for Pheasant Trail Estates 3rd Addition per Idaho Administrative Procedures Act (IDAPA) 58.01.08 subsection 503.The following DEQ regulations outline the requirement for planning and design of distribution systems: Idaho Administrative Code (IDAPA)58.01.08.501—Facility and Design Standards: General Design Requirements for Public Drinking Water Systems. Idaho Administrative Code (IDAPA)58.01.08.542—Facility and Design Standards—Distribution System. The Red Pheasant uses standard construction loans for new capital projects.The current base rate for service is$16.50 per unit connection and $1.30 per 100 cubic feet of water.These rates raise at regular intervals to keep up with increasing costs of operation and inflation. 1.1 SCOPE OF WORK The area proposed for the 3rd Addition is located about three miles east of Lewiston off Lapwai Road. Specifically,the 3rd Addition is an extension of Pheasant Chase Drive, east of Vinifera Blvd (see Figure 2). The project generally consists of adding 3,370 feet of 8" PVC water main, new two-way asphalt paved roads, extension of franchised utilities, and stormwater infrastructure.The 3rd Addition development consists of 23 lots%-to 1-acre in size, designated as low density residential. Water mains are extended from the existing Red Pheasant water system at intersection of Pheasant Chase Drive and Vinifera Blvd. Water demand projections are based on supplying the proposed lots with domestic and irrigation water. The minimum size of the lots is limited to 0.5 acres to provide space to meet septic system minimum setback distances per IDAPA 58.01.03.008.02. All wastewater for the existing and proposed lots are treated with individual septic systems.The area of and surrounding the new development was primarily agricultural lands that have been in production until recent years. Soils consists of silt to sandy silt loess generally greater than 10 feet deep, underlain by basalt bedrock. Undistributed silt loess soil generally provides a slow hydraulic conductivity and slow migration of containments and maintains acceptable i Pheasant Trail Estates 3rd Addition Preliminary Engineering Report bearing strengths when proper subgrade preparation is completed. Excavation is typically completed with conventional excavation equipment and does not require blasting. Previous development projects in the area have not encountered perched groundwater in the loess soils to the depths of existing water mains, utilities or building foundations. 1.2 INVENTORY OF SYSTEM FACILITIES The Red Pheasant water system currently servers Harvest Vista Estates, Pheasant Trail Estates, Pheasant Trail Estates 1"and 2nd Addition, and existing ranch facilities. Within these service areas, the existing system currently serves about 152 connections.The 2018 Engineering Update reviewed existing system facilities capacity's for supply and storage for up to 175 connections. The 2018 Engineering Update recommended the addition of Well No. 3 and Tank No. 3 to meet supply and storage needs at 175 connections capacity. Well No. 3 and Tank No. 3 were installed in late 2018 and 2019. Additionally, in 2006 the Eagles Pointe water system was provided a connection to the Red Pheasant water system to provide Eagles Pointe system redundancy.The connection with Eagles Pointe remains closed except for emergency conditions. Currently, Red Pheasant water system has three wells with a combined pumping capacity of 770 gpm, three tanks with a combined capacity of 597,000 gallons, and six booster pumps.The water source is groundwater produced from the three wells completed between about 1,000 feet to 1,200 feet below the ground surface in the Grande Ronde Basalt formation.This aquifer supplies water to both the Lewiston Orchards Irrigation District and the City of Lewiston and is known to be a source of quality water.The booster pumps consist of Grundfos BoosterPaQ Fourplex pump station with four (4) 20 Hp pumps that provide up to 1,600 gpm at 151 feet of head boost. The remaining two pumps are Goulds split-case 40 Hp and 7.5 Hp pumps operated to support the BoosterPaQ in low and high flow conditions. The BoosterPaQ pumps are controlled by a pressure set point of 70 psi downstream of the booster station near the tank complex.The Goulds pumps are controlled by system pressures and flow. During low flows only the 7.5 Hp booster is needed to meet system demands. An onsite Caterpiller C9 Generator with a rating of 250 kW is connected to Well#1 and the BoosterPaQ station to provide service during a power outage. The distribution system consists of PVC C-900 pipes with diameters ranging from 6-to 12-inches.Table 1 below provides the summary of distribution system pipe lengths. TABLE 1 - DISTRIBUTION SYSTEM PIPING Pipe Diameter(in) Length(Ft) Percent 6 8,640 31 8 10,740 39 10 6,570 24 12 1,710 6 Totals 27,660 100 2 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report The current system also is linked to a supervisory control and data acquisition (SCADA),which is located in the ranch facilities. Bill Hobbs operates and maintains the system and has access to the SCADA system. 3 FRON a�F )RDAVE ry11L�IRD -� 9 is a n'm`�sr � x5i � 4gybs � pl GST y h I. w SITH F � n a C`� ♦�� ► �' 4 A E 1 � 3rd Addition w �4ti M1tZ RED J/ 4 `n ►��� Project Area b q Grp OFjrRq ql 57EWAR7 STEWAR Rp a41g A � AYE — -- — — I I ARE57 A w w oEL4t D'ALENE Washington P x y "RHERALE WARNFRAVF ��►~r .. I 9 � a.w \ Montana al IMOSCOW �i. •EWISTON 81PYDEX VE o �'al it f _ PROJECT LOCATION OUARELl YE '^ � - �• _ r -, GREL F r i', Idaho VF WWI Oregon { ORTA �i "iW.�. PD EAS BOISE IDAHO FALL FsrJa � t •*ANIPA • �• N E AfPON YE -I t^ , POCATELLO TWIN FALLS• �' N IF -Ij 1 • �glrc::ri� --------___---- 9Q - I vada I EE RO Ne 7AMhMNYCREEKRD r. Utah pMM�`Hy rl ._ tIrr .; r^'I`, Ln_=; and t S lyse.r m ty RED PHEASANT TRAILPHEASANT WATER COMPANY N 7—""" FIGURE I - VICINITY MAP Print Date: 11/18/2020 �{ NOTE PREPARED BY JUB ENGINEERS, INC.- CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 1.3 DEMAND DEVELOPMENT The Red Pheasant water system is comprised from residential dwelling units and only one dwelling unit is allowed per lot. Therefore, the equivalent dwelling unit is based on number of lots, which equals the number of connections. Residential water meter reading data from 2014 to 2016 was reviewed in the 2018 Engineering Update to estimate typical water usage for the lots in this area.The Average Daily Demand (ADD)from 2014 was the highest from that period and is used for the analysis as the ADD for all current and future connections served by the system to check for maximum system pressures. Maximum Daily Demand (MDD)was developed from a two-week period in August of 2016. During the two-week period,flows were recorded daily to find the MDD.The highest daily demand in this two- week period is used as the MDD of the system and for future use. Peak Hour Demand (PHD)for the system was calculated based on a formula found in the Washington State Water System Design Manual.The PHD for the system changes based on the number of connections. For up to 175 connections,the PHD was estimated to be 5.71 gpm per connection and is used to check for minimum system pressures. See Table 2 for system water demands. TABLE 2 - SYSTEM DEMANDS Per Connection Per Connection (gpd)1 (gpm)2 Annual ADD 999 0.69 MDD 3,029 2.10 PHD 8,222 5.71 1 gallons per day z gallons per minute 1.4 CURRENT AND FUTURE LAND USE The water system serves residential properties of lot sizes typically ranging from 0.5 to 1.0(+)acres and a fire station. One common park area is maintained to provide recreational opportunities for nearby residents.There are no commercial or industrial properties on site. Future growth is anticipated to remain low density residential land use.The 3rd Addition lot size matches the rest of the development. This consistency in lot size provides confidence in using existing flow meter data for future water use projections. 5 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 2 DESIGN CONSIDERATIONS The following key design considerations were followed when analyzing the current Red Pheasant distribution system and water main extension.Additional information for the evaluation for the existing Red Pheasant water system supply and storage requirements can be found in the 2018 Engineering Update.The 3rd Addition expansion work includes the development of a hydraulic model of the Red Pheasant water system to support ongoing growth and future project phases.The current water system and 3rd Addition expansion are represented in the developed water model and are discussed below. 2.1 RED PHEASANT REQUIREMENTS The Red Pheasant water system uses the following general design criteria to aid in the design of water systems expansions and to guide future growth of the system. Key requirements include: • Establish system operating pressure—to maintain a normal operating pressure range of50- 100 psi service boundary. • Pipeline Headloss—less than 5 feet per 1,000 feet of pipe length. • System fire flow pressure—maintain a minimum system pressure of 20 psi during MDD. • System fire flow availability—1,000 GPM for two hours for residential structures. It is noted that the Red Pheasant water system supplies water to the Wheatland Volunteer Fire Department which is in the Wheatland Fire Protection District. Bill Hobbs is the Fire Chief of the Wheatland Fire Protection District. • All system pipelines must be looped unless otherwise agreed to by Red Pheasant. • Dead end mains shall be equipped with a means of flushing and shall be flushed at least semiannually at a water velocity of at least 2.5 feet per second. • All improvements must meet IDEA and AWWA criteria. 2.2 CODE PROVISIONS The Idaho Rules for Drinking Water Systems, IDAPA 58.01.08, establish the requirements for design, construction, and operation of drinking water systems in Idaho.The following code sections provide design requirements that support the criteria developed by Red Pheasant. • Water systems shall be designed to provided either peak hour demand of the system or maximum day demand plus equalization storage. (IDAPA 58.01.08.003.42) • All pressures during peak hour demand should be greater than 40 psi and less than 100 psi. (IDAPA 58.01.08 Part 552) • All pressures in the water distribution mains during a fire flow event(at max day demands) should be greater than 20 psi. (IDAPA 58.01.08 Part 552) • The minimum capacity of the water system shall be at least eight hundred GPD per residence. 6 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 2.3 EXISTING SYSTEM HYDRAULIC MODEL RESULTS The Red Pheasant water system is divided into two (2) pressure zones. Zone 1 is upstream of the booster stations and Zone 2 is downstream of the booster stations. Zone 1 includes the three wells and three tanks, but no served connections. Zone 1 pressures are based on the head from the Wells and the water elevation in the tanks. Zone 2 of the system covers the distribution system and all service connections.The booster pumps supply the needed pressures for Zone 2. During ADD conditions only the 7.5 Hp pump is required to maintain system pressures.As flow increases to MDD and PHD, additional 20 Hp pumps are activated, which are controlled by a variable frequency drive (VFD) system to deliver the flow and pressures needed to maintain the system. During fire flow events,the 40 Hp booster is activated with any number of the four(4) 20 Hp pumps to meet flow and pressure requirements. Figure 2 shows the system layout and zone locations. The Red Pheasant water system model was developed from record drawings, discussions with Bill Hobbs (system operator), and site visits.The model was calibrated to fire flow testing completed in September of 2020.The model calibrated to within 5 feet of the static head values recorded before each test and to within 7 feet of head during fire flow demands.These values are within the ranges required in Table 8.1 of the 2009 Water System Design Manual developed by the Washington State Department of Health. The system demand during the tests,excluding the open hydrant, is approximately the ADD.The test produced more than 10 psi pressure drop in the test hydrants with flows between about 1,210 and 1,290 gpm. Generally, a pressure drop of at least 10 psi indicates strong water velocity in the pipes during the test. Higher water velocities allow for better determination of head loss coefficients and more accurate model calibration. 2.3.1 SYSTEM PRESSURE FOR ADD Zone 2 pressures during ADD currently range from 67 psi in the southeast to 103 psi in the northwest. The with only 7.5 Hp pump running to meet demands,flow and pressures are controlled by the pump curve and is the only case where downstream 70 psi setpoint is does not govern the system. During the ADD there are about five nodes in the model that show a max pressure of over 100 psi,all of which are located near the intersection of Lapwai Road and Red Pheasant Blvd in a topographic low point.The developments in this area were some of the first built and have reported no problems with the slightly elevated pressures. Pressures greater than 100 psi are out of the normal range developed by Red Pheasant of 50—100 psi, but do not appear to have an adverse impact on the system. ADD pressures are well above the normal minimal system pressure of 50 psi. 2.3.2 SYSTEM PRESSURE FOR PHD During PHD, additional pumps are activated and pressures are controlled by the VFD which seeks to maintain a pressure of 70 psi at node 40 feet south of the BoosterPaQ pump station. During PHD, pressure in the system typically range from 54 to 91 psi which is within the normal range developed by Red Pheasant. 7 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 2.3.3 SYSTEM FIRE FLOW RESULTS Per IDAPA requirements, fire flow events are simulated during MDD conditions with the largest pump (40 Hp) out of service.The fire flow requirement for the Red Pheasant water system is 1,000 gpm as developed by the fire authority.The Red Pheasant water model fire flow results show available fire flow at fire hydrant locations to be about between 1,500 gpm and 1,800 gpm.This meets the fire flow requirements developed by Red Pheasant. 8 1415 5 Well J-35 ^Le end Pipe Diameter (In) J-214 Well / Booster 3 J-20 1445 Pump ,NNIJ Storage Tank 6 5 Well ���o ^N�h 8 ;1-2 10 12 J-215 Pressure Zone 3rd Addition Tank 3 11L, 6 Booster Zone1 Pumps & Parcels J-2 =Tank 1 Well 1 • Zone2 J-218 0 1470 J-36 37s J-206 Tank 2 13 136 1385 � 1475 1320 1345 S 1360 13 1340 1330 1355 13605 13110 7_60 J 217 J-10 13gS 1390 J-19 Wheatland apt Fire station J-1 ?aas J-97 J 17 46S 3 1405 a J-3 1400 J-95 J-6 v 2 W Q Cougar Ridge� J-38 BLOCK 1 J-208 J-14 p'q J 16 s J-86 J 83 L 7 � Paodocp J 96 g ''� 1Qg5 �DgO 00to � �n. J-81 m 0 BLOCK 2 11k95 yt� ^4? © gmbP�e 1435 Cabop } 1510 Q w J 45 J 20Q 15p5 c .F� �_ o a m 49 J 94 ©�0 1485 1 11 OJ-70 J 22 1420 J 23i% to J-46 J-92 0 ., � J-228. , J-7,5 1 0 a J-51 w a J 69.Ph nt Ch ' J 73 A $ J 2C 3rd Addition J-02 J-222 J-65 ' 9 N 0 « g fK �`Oo S y0 J 54 sc w J-57 J-61 i J-63 J-77 2 LL LL 2 can �, 1hC wasnm�ro wa 1-227.. °j 1450 1435 « as owe, Lapwal Rd 1430 1 1445 1450 v 4) 1425 Source: Esri, DigitalGlobe,GeoEye, Earthstar Geographics, CNES/Airbus IDS,USDA, USGS,AeroGRID, IGN, and the1i�8§User AL Community RED PHEASANT PHEASANT TRAIL ESTATES WATER COMPANY 3RD ADDITION N.T.S N FIGURE 2- SYSTEM LAYOUT ('J-u NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/18/2020 �} MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 2.3.4 EXISTING SYSTEM SUMMARY Existing system pressures shown in the Red Pheasant water model are generally within the pressure ranges established by IDAPA and Red Pheasant and in all cases are above minimum system pressure requirements. Additionally, required fire flow is available at all fire hydrant locations. Based on the model results, no improvements are required for the existing system at this time to serve existing connections.Table 3 provides the pressures and fire flow results for each junction in Zone 2. See Appendix A for pressure and fire flow figures (Figure 3 to Figure 5). TABLE 3 - EXISTING SYSTEM PRESSURES AND FIRE FLOW ANALYSIS Junction Elevation ADD Pressure PHD Pressure Fire Flow (psi) (psi) (gpm) J-1 1409.9 101 89 1 _, J-3 1412.26 100 88 (N/A) J-6 1414.51 99 87 (N/A) J-10 1413.37 100 88 (N/A) J-14 1443.97 86 74 1750 J-16 1447.58 85 73 (N/A) J-17 1431.04 92 80 (N/A) J-19 1425.65 94 83 (N/A) J-20 1455 8 7 (N/A) J-21 1458 7 5 (N/A) J-22 1484.64 69 56 1639 J-23 1488.99 67 54 (N/A) J-29 1455.21 6 4 (N/A) J-30 1454.22 6 5 (N/A) J-33 1456.61 81 71 (N/A) J-35 1454.73 9 7 (N/A) J-36 1446.98 85 75 (N/A) J-38 1417.55 98 86 1772 J-40 1421.05 96 83 1703 J-45 1436.86 89 76 1561 J-46 1432.27 91 78 1626 J-49 1423.72 95 82 1682 J-51 1433.98 91 78 1698 J-54 1444.14 86 73 1694 J-57 1451.16 83 70 1692 J-61 1456.48 81 68 J-63 1455.87 81 68 1691 J-65 1464.77 77 64 1690 10 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report Junction Elevation ADD Pressure PHD Pressure Fire Flow (psi) (psi) (gpm) J-69 1452.15 83 70 (N/A) J-70 1451.63 83 70 (N/A) J-73 1444.05 86 73 1694 J-75 1463.35 78 65 1690 J-77 1449.98 84 71 1690 J-81 1465.72 77 65 1705 J-83 1444.04 86 74 1759 J-86 1430.2 92 80 1768 J-89 1472.38 74 61 kINIi H) J-90 1467.42 76 63 1688 J-92 1448.85 84 71 (N/A) J-94 1442.41 87 74 (N/A) J-95 1405.24 103 91 1775 J-96 1443.71 87 74 (N/A) J-97 1426.29 94 82 1774 J-98 1458.66 80 67 (N/A) J-200 1463 78 65 (N/A) J-201 1453 83 70 (N/A) J-202 1439 89 76 (N/A) J-203 1422 96 83 (N/A) J-204 1411 101 88 (N/A) J-205 1458 80 67 (N/A) J-206 1430 92 82 (N/A) J-207 1410 101 89 (N/A) J-208 1434 91 79 (N/A) J-209 1455 82 69 (N/A) J-210 1440 13 12 (N/A) J-211 1454 7 5 (N/A) J-212 1454 6 5 (N/A) J-213 1454 6 5 (N/A) J-214 1450 10 9 (N/A) J-215 1448 9 7 (N/A) J-216 1452 7 6 (N/A) J-217 1410 101 90 (N/A) J-218 1430 92 82 (N/A) J-219 1445 86 76 (N/A) J-220 1454 82 72 (N/A) Pheasant Trail Estates 3rd Addition Preliminary Engineering Report Junction Elevation ADD Pressure PHD Pressure Fire Flow (psi) (psi) (gpm) J-221 1454 82 72 kiv/A) J-222 1453 82 70 (N/A) J-223 1455.19 6 4 (N/A) J-224 1457 81 71 (N/A) J-225 1417.62 98 85 1742 2.4 3RD ADDITION HYDRAULIC MODEL RESULTS The topography of the 3rd Addition generally decreases by about 50 feet in elevation from the high point(1490 feet) at the intersection of Pheasant Chase Dr. and Vinifera Blvd.to the low point in the southeast corner of the addition (1,440 feet).This creates about a 22 psi increase in pressure from elevation which more than compensates for the additional friction loses of the added pipe length. But not so much to require pressure reducing stations to maintain pressures below 100 PSI. Elevations below 1,410 feet will generally have pressure greater than 100 psi in this area without a PRV. The twenty-three (23) 3rd Addition lots are connected to the existing Red Pheasant system by 8" PVC looped mainline. Minimum demand for the 3rd Addition will be the during the winter months and maximum peak hour demand will be during the summer months (irrigation season). Because of the small system size, large demand fluctuations will likely happen on a daily basis within the overall seasonal trends. 2.4.1 3RD ADDITION PRESSURE FOR ADD The 3rd Addition increases the system ADD about 16 gpm. The pressure within the 3rd Addition range from 87 psi in the north to 66 psi in the south. Model output for the 3rd Addition junctions for pressure are shown below in Table 4.The addition of the 3rd Addition reduces the existing system pressure by about 1 psi. See Figure 6 in Appendix A for system wide ADD pressure results. 2.4.2 3RD ADDITION PRESSURE FOR PHD Based on the 2018 Engineering Update analysis,the PHD for a single-family residence is 5.71 GPM per service connection. Full buildout of the lots in this area adds a total of 23 new connections.The design peak hour flow for this addition is 130 GPM.The 2018 Engineering Update provides a total system supply of 370 GPM with the largest source removed. Based on the 2018 Engineering Update,the domestic drinking water system has sufficient excess flow and storage capacity to provide peak hour demand plus equalization storage and fire suppression storage to this project. The PHD pressures in the 3rd Addition range from 51 psi in the north to 72 psi in the south, which are within the normal operating range of the Red Pheasant system. Model output for the 3rd Addition junctions for pressure are shown below in Table 4.The addition of the 3rd Addition reduces the existing system pressure by about 3 psi. See Figure 7 in Appendix A for system wide pressure results. 12 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report 2.4.3 3RD ADDITION FIRE FLOW RESULTS Red Pheasant's fire suppression goal for the water system is 1,000 for a 2-hour duration. However, Red Pheasant will review proposed developments on a case-by-case basis to determine fire flow eligibility to maintain system reliability. The fire suppression goals where developed in conjunction with the Wheatland Fire District.The 3rd Addition is positioned on the outer edge of the existing system, but as shown in Figure 8,fire flows for this area are over 1,500 gpm and meet the 1,000 gpm fire flow goal.The addition of the 3rd Addition causes the minimum fire flow for the system to drop to 1,561 gpm which is still well above the 1,000 goal.The minimum fire flow location is on a 6-inch line and could be upsized in the future if needed. Fire flow was modeled with the largest pump (40 Hp) out of service and the tanks at an elevation of 1,465 which is about 7 feet above the dead storage elevation of the tanks. Model fire flow output for the 3rd Addition junctions are shown below in Table 4. 2.4.4 3RD ADDITION SUMMARY Based on modeled conditions, as shown in Table 4 and Figure 6 thru Figure 8 the 3rd Addition meets Red Pheasant system pressure and fire flows goals.The impact of the 3rd Addition to the system as a whole is also minor with about a 1 to 3 psi pressure reduction and on average about 50 gpm reduction in fire flows. Changes in site grading may impact final available fire flow and should be re-evaluated if substantially changed from proposed plans. TABLE 4 - 3RD ADDITION MODEL RESULTS Junction Elevation ADD Pressure PHD Pressure Fire Flow (psi) (psi) (gpm) J-23 1,488.99 66 51 1,573 J-226 1,440.00 87 72 1,573 J-227 1,450.00 83 68 J-228 1,475.00 72 57 1,557 J-229 1,455.00 81 66 1,606 3 RECOMMENDATIONS The proposed development plans of the 3rd Addition of the Pheasant Trails Estates meets Red Pheasant's and IDAPA's goals for system pressure. Pressures exceed the 80 psi target in IDAPA, but no adverse system or end user impacts have been reported. At this time, no system changes are recommended to change system pressures.The fire flow goal of 1,000 GPM is exceeded at all nodes in the existing and proposed developments. The 3rd Addition area is currently on the outskirts of the system, but development to the east is likely in the future.The lots are located in the Wheatland Fire District of Nez Perce County and fire flow requirements are in place for the structures. Therefore,the 3rd Addition in the proposed plans meet the requirements of Red Pheasant and IDAPA codes with respect to supply, storage, and the hydraulic conditions of the system. The 3rd Addition project plans are 13 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report currently being developed by J-U-B and need to be submitted, reviewed, and approved by Idaho Department of Environmental Quality prior to constructing the project. 14 Pheasant Trail Estates 3rd Addition Preliminary Engineering Report APPENDIX A - MODEL RESULTS 15 Legend 1415 Well /Booster Pipe Diameter (In) `�1 25 Well 2 9 M^h o 1�3° 1455 Pump 3 1 I 8 �a Storage Tank NO' Well 3 �i 13 10 ADD Pressure (psi) 12 0 • <20.0 �i 3rd Addition Tank 3 1455 6 Booster 20.0 -40.0 Pumps & Parcels Well 1 2 • 40.0 -90.0 9 � 8 81 85 r 1470 90.0 - 100.0 Tank 2 • > 100 73j0 7380 1,01 13 100 139S 94 a Wheatlan Fire Station 101 - 94 46S c 1405 0 1400 Cougar Ridge Dr. p BLOCK 1 iY Q 3 w � G 7goo 'o jo %addocq[ 14acj �pg0 �= BLOCK 2 t Ot e Mph gnbery`� 1435` , Capet 1510 � � de9� 15p5 \� o 0 14gS �50 o 1420 r TB 7r � `fig° LO N o¢ v • Pheasant Chase Dr- co ' o a 3rd Addition I. o c� a L 4 ,9 w �� a LL S tC 4C Can Wheattands Ave. � lei was 1450 1435 a Lapwai Rd 1430 14 1445 1450 v Ntx 1425 ry0 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNf4Wirbus DS, USDA, USGS, AeroGRID, IGN, and the GIs User Community RED PHEASANT PHEASANT TRAIL ESTATES WATER COMPANY ADDITION N.T.sFIGURE 3 - EXISTING SYSTEM ADD PRESSURES a. fJ-u ]k NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Legend N 1415 � O 1420 � ^n,� 131 Well /Booster Pipe Diameter (In) 1�15 5 Well 2 7 M^`' 9 7 1a2 ^�Pump 3 Storage Tank — 6 1�A° ell 3 8 irk _-i 12 10 PHD Pressure (psi) 12 • <20.0 'gym 7 A 3rd Addition Tank 3 6 Booster 20.0 -40.0 PUmps& Parcels 76 Tank 1 Well 1 • 40.0 -90.0 �2 7 1� r 1470 • 90.0 - 100.0 Tank 2 1475 • > 100 �o 135 9� 88 vs1390 RV6 Wheatland Fire Station ra 82 80j1400 746is 3 1405 � — 6a 2 Rid — Cougar Ridge Or. p` _ 86��„ BLOCK 1il " `S 0 3 m 7yoo h aadd Yn '%S64 14g5 1pg0 _ BLOCK 2 �Q 1A95 Mph gmbery�� 1435` �< capacoe 1510 15p5 e r 148S 15011 1 Q� 1420 t ,- sr' ti 4% v ' — Pheasant Chase Or. O M 6 3rd Addition 7j9 N o <« �i9p m .x o " J Q< � y LL� 4< Wheatlands Ave. > W..Nng.n we = Power 1450 1435 4< a Lapwai Rd 1430 1 1445 1450 v NN 1425 �O Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNfdWirbus DS, USDA, USGS, AeroGRID, IGN, and the GIs User Community RED PHEASANT PHEASANT TRAIL ESTATES WATER COMPANY 3RD N ADD • a, FIGURE , PRESSURES fJ-u NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Legend 1415 N o O 1420 5 Well/Booster Pipe Diameter (In) 25 Welll2 ^M�`' 1�3° 14y5 Pump 3 0 Storage Tank �,NP' Well 3 8 ago 10 Zia Fire Flow (gpm) 12 ". o 4p6 • < 1,000 3rd Addition Tank 3 1455 6 Booster • 1,000 - 1,5000 Parcels 'Pumps & f Tank 1 Well 1 • > 1,5000 1N r 1470 'F • Tank 2 • System Nodes 1475 340 1330 1355 1350 73j0 73(9 1,395i. • 1 6 Wheatland Fire Station 1-T 3 1405 C) 'I •tc¢d 1400 Cougar Ridge Dr. • n 1 7 op` • � BLOCK 1 `• , c J° c � 97RR v 1415 710 y 0 Paddock Ln. �P 1742 • 705 m 4g85 \N90 BLOCK 2 9._ 1lkgy 1703 r¢Y 0. e Mo> q�bery 143 4 ca P 1510 1561 °m9 •�D`O i 15p5 0 m' • 1485 ,500 5511� S4'm re s • 1639 o Q 1420 • 1626 � N-gp v 1688 LO • �. N � 1690 Ph*nt Cha0 Dr. CD 3rd Addition 0 5 it 1690 v 7j95 • • • y g. « « ' o `� 7q1 16941 1692 a 1691 1690 LL � u a Co Yr wnemanaS > wa= 0450 1435 - POWef Lapwal Rd. 1430 14 1445 1450 v ��00 1425 ^ �O Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNf"irbus DS, USDA, USGS, AeroGRID, IGN, and the GIs User Community RED PHEASANT TRAILPHEASANT WATER COMPANY ADDITION NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Legend 142 1415 N O 0 Well / Booster Pipe Diameter (In) 1;1y 5 Well 2 9 1� '# 1�30 1 5 45 Pump �42 10 E911 ^ a 3 8 Storage Tank A445 7 �o 6 � Well 3 ^goo ��`'h ;.` 8 -i 13 10 ADD Pressure (psi) 12 • < 20.0 r i 3rd Addition 146o 20.0 - 40.0 Pam Tank 3 A455 6 Booster Parcels �-=Pumps & _ 1 Tank 1 Well 1 • 40.0 - 90.09 o4 80 �p�0 + 1470 • 90.0 - 100.0 f �1 Tank 2 1475 0 > 100 3 73j0 7��0 100 99 1395 1390 e`�a Q Wheatland ��D�apt -93 Fire Station as, 7466 e o Re .Y 14p0It z 102 � 98*1' _ d Cougar Ridge Or. - _-• - 90 85 p' 9,7 BLOCK 1 =r g 3 1 1 n ' 85 X> �r 0 7100� 0 4 �7 Pa���ktn. m �4g5 1A9 1 T ,BLOCK z ��g5 f,. aYpgt Ct _ Y I'D gmbery�� 143 g cap 1510 5 Ay0 �y00 8 1420 - r N 9083r�' �� N�$o �v 7 LO 3 ■ N oQ Qa``a - Pheasant Chase Dr. O O _.1 �. o y 3rd Addition O a, 4 7ii NV c9 1440 `c « « ' `9S Y? m Y m ST (0), Wheatlands Ave. wasnin.Pwa M 1450 1435 QC ` a o awe Lapwai Rd. 1430 1440 14 1445 1450 v N81b 1425 �O Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNf4Wirbus DS, USDA, USGS, AeroGRID, IGN, and the GIs User Community RED PHEASANT PHEASANT TRAIL ESTATES WATER COMPANY ADDITIONa. 3RD ADDITION (JV-B NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Legend 1415 � Mho 3 O 1420 y Well/Booster Pipe Diameter (In) 141 2y 9 Well 2 77 ^�h 1Q3o O5y Pump 7 3 12 Storage Tank Well 3 ^goo. ��c,p ' 10 PHD Pressure (psi) 12 7 7 4gp a `20.0 3rd Addition Tank 3 6 Booster 20.0 -40.0 Parcels 70 5 5 Pumps & 73 40.0 -90.0 79 69 Tank 1 Well 1 s 4�0 1470 'F • 90.0 - 100.0 Tank 2 1475 • > 100 13A0 7,, $i 1390 35 o Wheatland ant dd ... $ R(� _ � •- Fire Station eae ,lF�� gss 3 1405 0 W86 79 1400i77 I Cougar Ridqe Or. $$ 84 71 p 83 BLOCK 1 �T��' 76 o 70 85 77Iri 71000 82 Patltlo%Lrt 71 "� 14ay 1490 BLOCK 2 @a 149y 61 Mph 80 a�b ry 1N� , 64 caper 1510 Q 73 71 'P 67 14 66 y0 8g 1 O J 67 79 s�mne 80 ra s 53 1420 75 58 ar 68 60 `` & 7 oQ Pheasant Chase Dr, 62 IX ' M 7L „70 67 a i 3rd Addition 73 N , 64 61 0 62 « 72 N I 9s ✓? 66 y 1440 70 65 if, LL 6 0 W can �. u'^at/= 65 68 67 wesn.P �a M 1450 1435 ao 8 Lapwal Rd. 1430 1 4 1445 1450 rr �kob 1425 �o Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNflWirbus DS, USDA, USGS, AeroGRID, IGN, and the GIs User Community RED PHEASANT PHEASANT TRAIL ESTATES WATER COMPANY ADDITION N.T.s a. ]k NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Legend 1415 N � O 1420 5 Well/Booster Pipe Diameter (In) 1�1'25 Welll2 Pump 3 0 Storage Tank 6 ell 3 ;.` 8 ^op 10 V- r Fire Flow (gpm) rllllllllllllllllw 12 000 • < 1,000 ��� 3rd Addition Tank 3 A466 6 Booster • 1,000 - 1,500 Parcels Pumps & _ _ i - Tank 1 Well 1 • > 1,500 1470"'IF Tank 2 • System Nodes 1475 1350 13j0 73'9 5 pr-1395 1390 Q Wheatland sit 72�Fire Station re 1 3 1405 doN, �P v �� • 1400 z 1722 � r Cougar Ridge Oc 1720 1,0 p' BLOCK 1 q�5 fill 1716 709. 74 po o Padage�4n 1691 • BLOCK 2 1656a 1�g5 1666 M41 q�bery 1435 4 c¢u¢ 1510 a ew`r 1529 1505 q a o m 1645 lags 1500to 1590 1420 1573 0 1592 a 5 ° LO 1639 °`Qa`g 1647 Ph' �: ant Chase Dr. 1 p EC ' s: 0 1643 a "� 3rd Addition C) 1640 « ' to ' 7�9S v • c < dC LQo � m w I4gp 1644 1642`` a 1640 1639 J6 `� Wheallands Ave. wasnmP r M 1450 1435 POWe Lapwai Rd 1430 1 1445 1450 a NN00 1425 �O Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNf"irbus DS, USDA, USGS, AerOGRID, IGN, and the GIS User Community RED PHEASANT PHEASANT TRAILWATER COMPANY 3RD ADDITION N.T.s N f�u NOTE PREPARED BY JUB ENGINEERS,INC.-CONCEPT INFORMATION FOR PLANNING PURPOSES ONLY. Print Date: 11/23/2020 MUST BE ACCURATELY VERIFIED PRIOR TO DESIGN EFFORTS. Page 1 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 85-07618 Priority: September 01, 1995 Maximum Diversion Rate: 0.82 CFS Maximum Diversion Volume: 172.8 AF It is hereby certified that RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated June 29, 1995; and has submitted Proof of Beneficial Use on January 04,2011. An examination confirms water is diverted from: SOURCE GROUND WATER and a water right has been established as follows: ANNUAL BENEFICIAL USE PERIOD OF USE DIVERSION RATE DIVERSION VOLUME MUNICIPAL 01/01 to 12/31 0.82 CFS 90.8 AF IRRIGATION 03/15 to 11/15 0.41 CFS 82.0 AF LOCATION OF POINT(S) OF DIVERSION: GROUNDWATER SE1/4SW1/4 Sec. 36, Twp 36N, Rge 05W, B.M. NEZ PERCE County GROUNDWATER L3 (NE1/4NW1/4) Sec. 1, Twp 35N, Rge 05W, B.M. NEZ PERCE County PLACE OF USE: IRRIGATION Twp Rge Sec I NE NW SW SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW 1 SE 1 Totals 35N 05W 1 1 111.0 4.21 2.6 2.0 1 1 19.8 I I L3 I I 1 35N 05W 2 1 1 1 1 .2 •5 I .7 I I I I I Total Acres: 20.5 CONDITIONS OF APPROVAL 1. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. 2. The Municipal place of use is within the service area of the Red Pheasant Water Company LLC municipal water supply system as provided for under Idaho Law. 3. This right does not grant any right-of-way or easement across the land of another. 4. Rights 85-4394, 85-7607, 85-7618, and 85-7631 when combined shall not exceed a total diversion rate of 0.82 cfs. Page 2 State of Idaho Department of Water Resources Water Right License WATER RIGHT NO. 85-07618 5. This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the irrigation place of use. This license is issued pursuant to the provisions of Section 42-219, Idaho Code. The water right confirmed by this license is subject to all prior water rights and shall be used in accordance with Idaho law and applicable rules of the Department of Water Resources. Signed this day of vh�C �_ , 2014. Val,, GARY SPA AN Director Red Pheasant Water Company Llc Attachment To Water Right License 85-7618 This map depicts the MUNICIPAL place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 05W CO M SWSE -�'. z SESW 35 SE SE SWSW t� SES 36 SESE SWSE NEN1N NWNE {NE NE ' NWNW _ ENW NWNE NENE � s , i SENW SWNE SE NE'_ E_ SWNW SENW ,SWNE , SENE NESWt NWSE NESE NWSW NESW NWSE NESE OL SE SW SWSE SESE S SW SESW SESE NWNE 11N �_ ;NWNW.= y-NENW �12 NENE Z 44 NWNE, �t — � D - - er al Photography Field office asks to be Z l - c`tilt 05W 05W 0 0.175 0.35 0.7 Miles Water Service Area Boundary Townships U PLS Sections Quarter Quarters N State of Idaho Department of Water Resources Attachment To Water Right License 85-7618 This map depicts the IRRIGATION place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 05W z rn Co z �. NENW SENW NES E NWSW i[ k A SE SE SWSW z The USDA-FSA Aerial(Photography Field office asks to be V1 � , 9rgditedoi Ude ivedtp�rotJucts z 05W 05W Point of Diversion 0 0.125 0.25 0.5 Miles Place Of Use Boundary Townships Q PLS Sections Quarter Quarters N State of Idaho DEPARTMENT OF WATER RESOURCES 322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720 0098 Phone: (208) 287-4800 • Fax: (208) 287-6700 • Website: www.idwr.idaho.gov C.L."BIITC I"OTTER GARY SPACKAMN Governor Director November 17, 2014 RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501 RE: License Nos. 85-7618 & 85-7631 Issuance of Licenses Dear Water Right Holder(s): The Department of Water Resources has issued the enclosed Water Right Licenses confirming that water rights have been established in accordance with your permits. Please be sure to thoroughly review the conditions of approval and remarks listed on your licenses. Also enclosed are copies of the approved applications for amendment. The licenses are PRELIMINARY ORDERS issued by the Department pursuant to section 67-5243, Idaho Code. They can and will become final orders without further action by the Department unless a party petitions for reconsideration or files an exception and/or brief within fourteen (14) days of the service date as described in the enclosed information sheet. Please note that water right owners are required to report any change of water right ownership and/or mailing address to the Department within 120 days of the change. Failure to report these changes could result in a $100 late filing fee. Contact any office of the Department or visit the Department's homepage on the Internet to obtain the proper forms and instructions. If you have any questions, please contact me at 208-287-4951. Sincerely, Pamela Skaggs Water Rights Supervisor Enclosure(s) CERTIFICATE OF SERVICE hereby certify that on November 18, 2014, 1 mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDERS (Approved Licenses) to the person(s) listed below: RE: WATER RIGHT NOS. 85-7618 & 85-7631 RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501 Darla Block Technical Records Specialist EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER (To be used in connection with actions when a hearing was not held) (Required by Rule of Procedure 730.02) The accompanying order or approved document is a "Preliminary Order" issued by the department pursuant to section 67-5243,Idaho Code. It can and will become a final order without further action of the Department of Water Resources ("department")unless a party petitions for reconsideration, files an exec do a and brief, or requests a hearing as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the department within fourteen(14) days of the service date of this order. Note: the petition must be received by the department within this fourteen (14) day period. The department will act on a petition for reconsideration within twenty-one(21) days of its receipt, or the petition will be considered denied by operation of law. See Section 67-5243(3) Idaho Code. EXCEPTIONS AND BRIEFS Within fourteen (14) days after: (a) the service date of a preliminary order, (b) the service elate of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within twenty-one (21)days to grant or deny a petition for reconsideration from this preliminary order, any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding with the Director. Otherwise, this preliminary order will become a final order of the agency. REQUEST FOR HEARING Unless a right to a hearing before the Department or the Water Resource Board is otherwise provided by statute, any person aggrieved by any final decision,determination,order or action of the Director of the Department and who has not previously been afforded an opportunity for a hearing on the matter may request a hearing pursuant to section 42-1701 A(3), Idaho Code. A written petition contesting the action of the Director and requesting a hearing shall be filed within fifteen(15) days after receipt of the denial or conditional approval. ORAL ARGUMENT If the Director grants a petition to review the preliminary order, the Director shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard, the Director will within a reasonable time period notify each party of the place,date and hour for the argument of the case. Unless the Director orders otherwise, all oral arguments will be heard in Boise, Idaho. Page I Revised July 11 2010 CERTIFICATE OF SERVICE All exceptions, briefs, requests for oral argument and any other matters filed with the Director in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with IDAPA Rules 37.01.01302 and 37.01.01303 (Rules of Procedure 302 and 303). FINAL ORDER The Director will issue a final order within fifty-six(56)days of receipt of the written briefs, oral argument or response to briefs,whichever is later,unless waived by the parties or for good cause shown. The Director may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. The department will serve a copy of the final order on all parties of record. Section 67-5246(5), Idaho Code, provides as follows: Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when: (a) The petition for reconsideration is disposed of; or (b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days. APPEAL OF FINAL ORDER TO DISTRICT COURT Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes final, any party aggrieved by the final order or orders previously issued in this case may appeal the final order and all previously issued orders in this case to district court by filing a petition in the district court of the county in which: i. A hearing was held, ii. The final agency action was taken, iii. The party seeking review of the order resides, or iv. The real property or personal property that was the subject of the agency action is located. The appeal must be filed within twenty-eight(28)days of this preliminary order becoming final. See section 67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. Page 2 Revised July 1, 2010 RECEIVED Page 1 State of Idaho NOV 0 4 2014 Department of Water Resources APPLICATION FOR AMENDMENT DEPARTMENT OF WATER RESOURCES (For Licensing Purposes) WATER RIGHT NO. 85-07618 Date of Priority: September 01, 1995 Maximum Diversion Rate: 0.82 CFS Maximum Diversion Volume: 172.8 AF Comes now RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501 and represents to the Director of the Idaho Department of Water Resources that he is the owner and holder of Permit to Appropriate the Public Waters of the State of Idaho No. 85-07618, and requests that the permit be changed as follows: Source: GROUND WATER BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME MUNICIPAL 01/01 to 12/31 0.82 CFS 90.8 AF IRRIGATION 03/15 to 11/15 0.41 CFS 82.0 AF LOCATION OF POINT(S) OF DIVERSION: GROUNDWATER SE1/4SW1/4 Sec. 36, Twp 36N, Rge 05W, B.M. NEZ PERCE County GROUNDWATER L3 (NE1/4NW1/4) Sec. 1, Twp 35N, Rge 05W, B.M. NEZ PERCE County PLACE OF USE: IRRIGATION Twp Rge Sec I NE NW SW SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW 1 SE 1 NE 1 NW 1 SW j SE 1 Totals 35N 05W 1 i 111.0 4.2 i 2.6 2.0 i i 19.8 3 35N 05W 2 i I I 12 5 I 7 Total Acres: 20.5 Permit holder asserts that no one will be injure�by such change and that such change will be made at permit holder's own risk. Signed this 2915day of ao-AvAer , 20V ZY ✓ / /�✓,/ � (Signature) Page 2 State of Idaho Department of Water Resources APPLICATION FOR AMENDMENT (For Licensing Purposes) WATER RIGHT NO. 85-07618 FOR DEPARTMENT USE ONLY tp Preliminary check by Fee = Receipted by # M-7 q 1 Date ACTION OF THE DEPARTMENT OF WATER RESOURCES I, GARY SPACKMAN, of the Department of Water Resources hereby approve the above Application for Amendment for Permit No. 85-07618 with the following: CONDITIONS OF APPROVAL 1. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. 2. The Municipal place of use is within the service area of the Red Pheasant Water Company LLC municipal water supply system as provided for under Idaho Law. 3. This right does not grant any right-of-way or easement across the land of another. 4. Rights 85-4394, 85-7607, 85-7618, and 85-7631 when combined shall not exceed a total diversion rate of 0.82 cfs. 5. This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgga�OftvK�er- te for irrigation of the irrigation place of use. Witness my hand this �� day of , 2014. —" W, Y,.,— - . jl%v,GARY SPALAMAN Director MEMORANDUM TO: Water Rights 85-7631 and 85-7618 FROM: Daniel Nelson—Staff Hydrologist DATE: November 13, 2014 SUBJECT: Well #2 Information Sandy Hemenway performed the initial field exam on the two water rights above. Ms. Hemenway included a well driller's report marked as Well #2, but further review revealed that the well driller's report Ms. Hemenway supplied was for an entirely different well drilled in a different 40 acre tract and 7 years after the wells that are associated with this permit. I have replaced the well driller's report that Ms. Hemenway used with the correct well drillers report. Ms. Hemenway also prepared a review memo of her field visit dated April 19, 2014. In the third paragraph on page 1 of this memo, Ms. Hemenway describes Well #2 based on the incorrect well log. The correct information for this memo should be as follows: Well#2 E0005583 is located directly north of the pump house. It was drilled on 10/15/2001 by Burns Well Drilling Inc. It has a 10 inch casing, with a total well depth of 960 feet deep, 633 ft static, 2.5 inch discharge to 4 inch buried ductile iron running to the storage tanks, with the system pressure of 80 psi (found in the booster house for well #1 that has the 4 booster pumps). Hopefully this memo will clarify the actual well being used for this water right. MEMORANDUM DATE: October 20, 2014 TO: Water Right Files 85-7631 and 85-7618 FROM: Shelley W. Kee �RE: Call from Attorney This afternoon I received a call from Attorney Jim Browitt, who represents Red Pheasant Water Company LLC. Mr. Browitt asked if he could have until October 31, 2014, to respond to IDWR concerning the draft amendments sent to Red Pheasant Water Company by Dan Nelson for Permits 85-7631 and 85-7618. I told Mr. Browitt that he could have until October 31, as requested, and that I would add a note to the file indicating such. Mr. Browitt's phone number is 208-798-9832. U AWRMEMOS\Memo.doc State of Idaho DEPARTMENT OF WATER RESOURCES 322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098 Phone: (208) 287-4800 • Fax: (208) 287-6700 • Website: wivw.idivr.idaho.gov C.L.`BUTCH"OTTER GARY SPACKAULN Governor Director October 7, 2014 RED PHEASANT WATER COMPANY LLC ATTN BILL HOBBS 1065 HARVEST MOON LN LEWISTON ID 83501 RE: Water Right Permits No. 85-7618 and 85-7631 Dear Permit Holder(s): The Department of Water Resources is reviewing the permit referenced above prior to issuing a water right license. By issuing a license, the Department confirms the extent of development that has been established in compliance with the terms of the permit. The examiner who verified your water use reported that certain elements of the permit have been developed differently than described on your permit. Changes that do not increase the authorized use of water under the permit can be requested and approved in accordance with Section 42-211, Idaho Code. Before a license can be issued, your permit must be amended to depict your water use as it was actually developed. Based on the examiner's report, the domestic and irrigation use will be changed to municipal use for water right 85-7631. The domestic and a portion of the irrigation use will be changed to municipal use for water right 85-7618, but the agricultural irrigation use for the vineyards and the orchards must remain irrigation. The park and all of the walkway irrigation has been included in the municipal use. The enclosed Applications for Amendment form depict the elements of the water rights as they will appear on the license when it is issued. Please review the amendment form carefully. If you concur with the information presented, please sign the form and return it with the $100.00 filing fee for each water right for a total of $200.00 for the two rights within 14 days. If you have any questions, please contact me. Sincerely, G. - /"4/,�� Daniel A. Nelson Staff Hydrologist Planning Bureau Idaho Department of Water Resources Telephone # (208) 287-4856 Enclosure(s) (r MEMORANDUM TO: Water Rights 85-7631 and 85-7618 FROM: Daniel Nelson—Staff Hydrologist DATE: October 3, 2014 SUBJECT: Licensing Review of Water Rights I have been asked to review the field exam performed by Sandy Hemenway on the above two rights. The field exam supplied all of the information it could concerning the site, but it didn't attain valid flow measurements. The owner provided records that we can use showing the flow of the water for this system. Permit 85-7631 was originally filed to add more homes to the subdivision and water right 85- 7618 was filed to supply water to a golf course and the associated uses. The golf course was never constructed, and the owner added more homes instead for a golf course. After discussing this file over with management, it was determined that we could amend both rights to municipal uses. However,there is a portion of water right 85-7618 that is used for standard agricultural use,so it cannot be included in the municipal use. We did include all of the irrigation of the common areas and parks. Permits 85-7631 and 85-7618 are connected to a system that have two other water rights attached. Therefore, I had to do a pretty in-depth analysis of the entire system. I have met with the operator, and I feel we have a good plan of action moving forward. Here is the analysis of the system: Water right decree 85-4394 is a domestic right for three homes also described in water right 85-7607 in the NENW Section 1. This right is limited to 13,000 gallons per day which covers the 3 homes, stockwater,and any shop use. Water right License 85-7607 allows the domestic use for 25 homes and 10 acres of irrigation. The irrigation is for the yards of the 25 homes and landscaping along the county road and at the entrance of the subdivision. Permit 85-7631 was for an additional 50 homes and 25 acres of irrigation in this system. Proof of beneficial use for 85-7631 was filed in 2006, and according the aerial photography, only 39 homes and 5.4 acres for a park and landscaping for a walkway and along the highway was developed by 2006. We have decided to recommend that this permit be licensed for Municipal use. The volume will be calculated by multiplying the 39 homes by the standard 1.2 of per home for in-house use and yard irrigation for a total volume of 46.8 af, and we will allow an additional volume of 21.6 of by multiplying the 5.4 acres by the field headgate requirement of 4.0 of per acre. This will allow a total a total municipal use volume for permit 85-7631 of 68.4 of(46.8 of home and yards+21.6 of park and landscaping= 68.4 af). The diversion rate for the municipal is determined for 39 homes,yard irrigation, and the irrigation of the park and landscaping. Administrative memo#22 allows 0.30 cfs for the in-house use for the 39 homes. The 39 homes can have up to%:acre of yard irrigation or 19.5 acres plus the 5.4 acres for the park and landscaping for a total of 24.9 acres,which is less than the 25 acres requested in the permit. The 24.9 acres are then multiplied by the standard of an inch or 0.02 cfs per acre or 0.0.50 cfs for the irrigation portion of the municipal use for a total municipal diversion rate of 0.80 cfs for this permit. Water right permit 85-7618 was originally filed for Irrigation, irrigation storage, irrigation from storage, commercial use, and recreation storage for a golf course. Proof was filed on this permit in 2011. The golf course was never developed, but an additional 51 homes 7.4 acres of landscaping and 20.5 acres of orchards and vineyards were developed. The original permit would have allowed over 640 of(160 acres X 4 of/ac) of water to be used if the 160 acre golf course would have been constructed, so we can use that amount of water to cover the new municipal use and the 20.5 acres of irrigation. The new homes and landscape irrigation should be described as a municipal use. We can allow under the municipal use 1.2 of per home including yards for a total municipal volume of 61.2 of(51 homes X 1.2 of=61.2 af), and the 7.4 acres of landscape irrigation around the subdivision is limited to 4.0 afa per acre or 29.6 af. The total volume for the municipal use is 90.8. Not all of the homes were constructed by 2011 when proof was submitted, but it does appear that the entire subdivision was stubbed in, so we can consider all 51 homes. The 20.5 acres of agricultural irrigation use cannot be considered in the municipal use, because this irrigation is for crop bearing plants (Orchards and Vineyards) so we will need to account for this irrigation separately. This irrigation use would be limited to 82 of(20.5 acres X 4.0 of/ac). This will allow 90.8 of for municipal use and 82 of for irrigation under this water right for a total of 172.8 af. The diversion rate for the municipal portion of this recommendation would include the in-house use plus the irrigation of the yards. Administrative memo#22 allows 0.33 cfs for the in-house use for the 51 homes. The 51 homes can have up to%Z acre of yard irrigation or 25.5 acres for a diversion rate of 0.51cfs. The total diversion rate would be limited to 0.84 cfs for the municipal portion of this right. The irrigation portion would be limited to 0.02 cfs for the 20.5 acres for a volume of 0.41 cfs. The total of the irrigation and municipal use would be 1.25 cfs. Red Pheasant Water Company supplied documentation showing the well one has a capacity of 175 gpm and well two has a capacity of 195 gpm for a total of 370 gpm or 0.82 cfs. These diversion rates seem reasonable, since the system is set up to open discharge into storage tanks and then are diverted out to the subdivision. The static level of the well is 670 feet, and these pumping rates would put the pumping water levels between 765 and 825 feet. Long term pumping(3 hours)would draw the well down to a point where the flow rate would decrease by approximately 50 gpm to 128 gpm. All of these water rights are limited by the capacity of the system which is 0.82 cfs and 594 of(0.82 cfs X 1.9835 X 365 days =594 of capacity). The following show the rates and volumes for the water rights: 85-4394 Domestic= 0.12 cfs 13,000 gpd volume Total =0.12 cfs and 13,000 gpd 3 Homes-Farm Shop+ Employees-181 chickens-18 sheep-8 cattle -30 turkeys. 85-7607 Domestic= 0.22 cfs 15 of 25 Homes Irrigation= 0.22 cfs 40 of 8.8 acres Total = 0.22 cfs 55 of 85-7631 Recommended Amendment- Municipal = 0.80 cfs 68.4 of 39 homes and yards and 5.4 acres park and landscape irrigation Total = 0.80 cfs 68.4 of t 85-7618 Recommended Amendment— Municipal = 0.82 cfs 90.8 of 51 homes and yards and 7.4 acres landscape irrigation. Irrigation = 0.41 cfs 82.0 of 20.1 acres (orchards and vineyards) Total = 0.82 cfs 172.8 of The total diversion rate is limited by system capacity Please Note: A condition will be needed to limit the total use of this system to 0.82 cfs, because that is the system's capacity. A combined volume is not needed, because the system water rights when combined do not exceed the system's capacity of 594 af. The owner's provided an accounting of the average gallons per day. According to the owner's measurements,the average annual daily volume used per home is 790.2 gallons. We have allowed 1.2 of for each home,which is equal to an average of 1071 gpd. The volume allowed for the each home does allow additional water, but as you look at the water right owner's Water Usage Summary they range for 141 gpd average to 2208 gpd average. The spreadsheet submitted stated that the landscaping around the subdivision provided an additional 2.2 acre feet of water according to their calculations. This didn't make much sense, since there is approximately 42.9 acres being irrigated by the owners on this system. Their spreadsheet is a bit confusing, sousing the standard is the safest way to make provide an adequate amount of water for this system The subdivision still isn't at full build out. I have attached a spreadsheet that replicates the data submitted by the owner. This spreadsheet shows an average annual use of 73.5 acre feet for the homes and 2.2 of for landscape irrigation for a total of 75.7 af. This system is very close to its maximum capacity. The only saving grace is the storage tanks on this system. The two storage tanks are a 64,000 tank and a 134,000 gal tank. It has been determined that the pump can divert 370 gpm. At 370 gpm the pumps could fill the two tanks in 9 hours,so no storage is required. The field examiner listed all types of animals and shop uses trying to maintain the commercial use for this system, however, all of these uses are covered under the domestic rights of water right 85-4349, therefore, I think all of the necessary issues have been dealt with on this system. 1, vy t ter ♦ t• S r`: I3 �rj" e7 49 41 GO 3 11c; ts. '��: � .�{ 'gyp -�r`,'r• •i <iM _.'� .Z'1 .,•r .� J• �� �{ ,`r�•� '"~�S w�' • Z^ram / .� t��-t7� ',•�� I'T - e ,L •e;�c. �L :i 7:3' ate.. •r� Ly{',^t'�'. � '"ue .... AMP .7 .-S" tz i }1� This map shows the orange outline of the municipal place of use for water rights 85-7618 and 85-7631. The yellow shows the irrrigation place of use for the agricultural irrigation listed !i on - / • el tra;a11 ~i�'a, y 1'� fir,. a � 4�, `• ,�' - .. ,y /' � r r- � + 1i•.Jjf ► f�tt � /ir f*r �: S� AM J� Rk '�tie�R ;t,, + __l .. j 1 � w�ta'•+it j�.. � - same 3 Homesare covered by • •I and 85-4394. The irrigation of the yards is covered by 85-7607 In the NENW of • ,• t - L 22 Homes and 10 acres ' � •`emu L• s ✓` i t�i • • • 1p new •�,. :.; . of • irrigation and =. subdivisionis coveredby Water Right _ - License •I rf{�L'&r •- r • I • • • • • 39 Homes and 5.4 Acre Park Covered and Pathways by : • ' domesticThis map shows the lots associated with each water right for the Al, _., , 'fir R �,s'>i"; > I ,' �• '��� •(, 1�,'�' ♦�w� r ,Y/--� t'� e•v� ii f, •� ��a � - 5�� y�ii, mac-- .., = The .I t. V and I •a The irrigationof the yardscovered . .I � In the NENW of Sectionr f r.rj _` - -''• � { .yam; 1 y� J • - • — • iF This map shows the irrigation places of use. The yellow hatched shapes are the agriculutral irriagtion and the spotted yellow and the green are municipal type of irrigation. � y.+r•4 i. a ) •"y-` ���� ' k�riN. Nelson, Dan From: Nelson, Dan Sent: Thursday, September 18, 2014 3:14 PM To: 'Bill Hobbs' Subject: RE: licensing Attachments: updated municipal map.pdf Bill, Here is the updated map. Does it look correct. Dan From: Bill Hobbs [mailto:bdhobbs(�Omicrowavedsl.com] Sent: Monday, September 15, 2014 10:23 AM To: Nelson, Dan Subject: licensing Dan, You said that you were going to be up this way tomorrow. If you are, do you have any time to sit and go over the final plan for licensing with me? Thanks, Bill Hobbs Red Pheasant Water Company This email is free from viruses and malware because avast! Antivirus protection is active. 1 Nelson, Dan From: Nelson, Dan Sent: Friday, September 19, 2014 8:31 AM To: 'Bill Hobbs' Subject: RE: licensing Bill, I just included the uses for the domestic hookups for the municipal use. The irrigation uses did not change, so I didn't include them on the map. The red dots are a point of diversion layer that I forgot to turn off. I just needed to make sure I had all of the domestic lots described correctly. I will move forward on getting the amendment to you as soon as possible. It will take longer than I expected,since I have been scheduled to be out of the office most of next week. I will try to get the amendment to you as soon as I possibly can. I am hoping to be able to get it to you by October 15` I am sorry for the delay. Thank you for your quick response. Dan From: Bill Hobbs [mailto:bdhobbs@microwavedsl.com] Sent: Friday, September 19, 2014 8:25 AM To: Nelson, Dan Subject: RE: licensing The only thing I see missing is the vineyard area behind the farm houses. Other than that it looks good. Do the pink dots represent the wells? If so,they would need to be relocated to represent their locations. Bill From: Nelson, Dan [mailto:Dan.Nelson(abidwr.idaho.govl Sent: Thursday, September 18, 2014 2:14 PM To: Bill Hobbs Subject: RE: licensing Bill, Here is the updated map. Does it look correct. Dan From: Bill Hobbs [mailto:bdhobbsCo)microwavedsl.com] Sent: Monday, September 15, 2014 10:23 AM To: Nelson, Dan Subject: licensing Dan, You said that you were going to be up this way tomorrow. If you are, do you have any time to sit and go over the final plan for licensing with me? Thanks, 1 Bill Hobbs Red Pheasant Water Company This email is free from viruses and malware because avast! Antivirus protection is active. This email is free from viruses and malware because avast! Antivirus protection is active. z Nelson, Dan From: Nelson, Dan Sent: Monday, September 15, 2014 9:05 PM To: Bill Hobbs Subject: Re: licensing Bill I didn't bring the file, but I would be happy to meet with you. Please give me a call the first thing in the morning. Call (208) 830-1606. Sent from my iPhone On Sep 15, 2014, at 9:23 AM, "Bill Hobbs" <bdhobbs@microwavedsl.com>wrote: Dan, You said that you were going to be up this way tomorrow. If you are, do you have any time to sit and go over the final plan for licensing with me? Thanks, Bill Hobbs Red Pheasant Water Company onst!' This email is free from viruses and malware because avast! Antivirus protection is active. ��firma Nelson, Dan From: Nelson, Dan Sent: Thursday, August 07, 2014 11:10 AM To: 'Bill Hobbs' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Attachments: 85-7618&85-7631 overlap map.pdf; Overlap Narrative.docx Hello Bill, I have been working on these files, and I think I have a plan of action. I have attached a map and review of the system to help explain my reasoning. The problem that we have is that a portion of the subdivision was not covered by a water right. The fortunate thing is that the golf course was not built,so we can amend the water rights to get everything covered. The rates and volumes that I plan to recommend exceed the amount you supplied through your documentation, so I think your current system is covered. In order to accomplish these changes, we will need to put together some amendments to the permits to make everything work properly. I will call you in the next couple of days to talk over this situation, but I wanted to send this email and narrative to you before we spoke. Please let me know when you get these files and when would be a good time to call you. I am spending a large amount of time out of the office, so if you could give me a couple of times that would work, I would really appreciate it. I want to go over this with you before I send you the amendments,so you understand what is happening. Thank you for your patience and all of the information you sent me. It was very useful and you will see in the narrative document above. Respectfully, Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 Fax (208) 287-6700 (attn: Dan Nelson) From: Bill Hobbs [mailto:bdhobbs@microwavedsl.com] Sent: Monday, July 07, 2014 9:58 AM To: Nelson, Dan Cc: 'James Browitt'; smschaub@comcast.net Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Dan, I am compiling the information for you. I was out of town for three weeks and did not have some additional information that I needed that was here in my office. I will work to get this information put together this week and forward it to you by July 18th.Sorry for the delay. Please contact me if you have any additional information that you may need. I believe we went through the process of the ownership changes for these permits to start cleaning up these water rights. Thanks and have a great day, i Bill From: Nelson, Dan [mailto:Dan.Nelson@idwr.idaho.gov] Sent: Monday, July 07, 2014 8:16 AM To: Bill Hobbs Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Hello Bill, I haven't received the information required in my June 2, 2014 email, and the 30 day period has expired. At this point, I am required to send a notice of intent to void the permit. This is notice will give you an additional 30 days to supply the information, but once that it is done, the permit will be automatically voided if we don't receive the information or a request for additional time. If you sent the information or need more time to compile the information needed, you can send me an email requesting additional time. You will have to give me a specific date that you will get the information to me. If I don't hear from you by the end of the business day tomorrow, I will have no choice but to send out the letter. The letter will formalize the process, so if you need additional time, please let me know as soon as possible. Thank you. Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 Fax (208) 287-6700 (attn: Dan Nelson) From: Nelson, Dan Sent: Monday, June 02, 2014 10:51 AM To: 'Bill Hobbs' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Sounds great Bill. I appreciate it. Dan From: Bill Hobbs [_mailto:bdhobbs(-amicrowavedsl coml Sent: Monday, June 02, 2014 10:33 AM To: Nelson, Dan Cc: 'Jim Browitt(ibrowittCa)browittlaw.com)'; 'James Browitt' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Dan, Your clarification for the additional data needed is greatly appreciated. I have just about all this information pulled together and will have it submitted around Wednesday.James Browitt is also assisting me with the licensure process so I have cc'd him on this email. 2 • • /'� 1 • , • CD Ur • • ♦. J ,. y ,.zZ 00 < y• r �% p� • iiiP isy4r f • Z1 �t �� N • 1 t : t r • r At Ll I�• j 1 (, ,pM i • a �4 r.. .�,.� k•f fit(.� � r � I P� � r 1 . y r — r' • i { b' 0 0 0 0 li u? N O N O N 0 — _ to O o ta,, O O �. O z co !f) W D2 w 2 W Lei Z :3 cr 0 O X Fes- W 0 H c az LL w cn Ir o z w o F a � C0 3 r n r W y o W w O CO ` 3 U7 M -D o W L� W O �, Ch 0 Co O -- N M d M co O U.)O M 0 O o QO 0,- —N NM M = � O i v 0 a I c v ' m > c L V CD O O m —N Mi- Lo(D tito mo MO OO O M +UP — —N M� M u 0 = V f \oo 0 I ill I l I l I I I I I I III I I I I 3 0 I I I f l I l 1 1 1 1 1 1 I ) I I I I I I I � \ E II I I I I I I I I I I I I I I I I I I I E o \ c I I I I I I I I I I I 1 1 1 11 1 I 1 1 1 1 I N O cr Awl I I I III I III ( I I I III I � I I \I - I I I I I { 1 1 I I 1 1 I I I I I I I'll IT I I I 1__rt '1 I r I �' \ o Ln M CU N 'n to O O U51 O li O ti M N O U 6 6 6 O Thanks, Bill From: Nelson, Dan rmailto:Dan.Nelson idwr idaho govl Sent: Monday, June 02, 2014 8:43 AM To: redpheasant(amicrowavedsl.com: redpheasant@)microwavedsl.com Cc: Saxton, Craig Subject: Licensing Review Questions for water rights 85-7618 and 85-7631 Dear Mr. Hobbs, Craig Saxton forwarded your email to me to complete the licensing review for water rights 85-7618 and 85-7631. Our office also received assignments of permits for these water rights. We have completed the assignments of permits, and both of these water rights are now in the name of Red Pheasant Water Company LLC. Before we can complete the licensing of these permits, we will need some additional information. Sandy Hemenway requested this information on April 19, 2014. We will need the following information: 1.) The maximum capacity of well #1 (located by the 2 storage tanks). We will need to know how much water from the well can be delivered to the storage tanks from this well. You can supply the information in gallons per minute. The person who installed the well pump should have a pump curve and/or records of any pump tests that were done on this well. 2.) The maximum capacity of well #2 (located where the fire protection gear is stored). We will also need the following information on this well that can generally be attained from the person who installed the well: a. Horsepower of the well pump. b. Brand name of the well pump installed. c. Serial or model number of this well pump. d. Any pump curves or pump tests you may have for this well. 3.) We will also need to know the peak demand required for your entire system. The peak demand is maximum gallons per minute needed to provide adequate water to your subdivision and farm ground. If you don't have this information readily at hand, you can generally attain it from your Department of Environmental Quality records that show the minimum and maximum rates required for your subdivision. 4.) We will also need the daily demand of water required per house hold for this system. Once again, this can generally be found in your Department of Environmental Quality records. Once we have received the above 4 items, I can then start processing the license for this water right. I do want to let you know that I may need to contact you for additional information once I dig deeper into the files. It is difficult to pickup another agents work, so I may need to ask you questions that you have already answered just to clarify the record. I want to make sure that we get this license correct, so please bear with me. We generally ask that when we make a formal request additional information that it be supplied within 30 days. I am not going to make a formal request for this information at this time, but I would appreciate it if you could send me the information needed as soon as possible. Daniel Nelson 3 Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 Fax (208) 287-6700 (attn: Dan Nelson) This email is free from viruses and malware because avast! Antivirus protection is active. This email is free from viruses and malware because avast! Antivirus protection is active. 4 Average Per Date ofR432 Total Usage For Traffic Circle Number of Connection ReadingM Meter Usage Park Irrigation Usage Total Usage Connections (gpd/connection) 1/3/2010 330,221.6 48,000.0 378,221.fi 79 144.1 2/3/2010 353,057.3 7,820.0 360,877.3 76 149.9 6/6/2010 332,967.4 332,967.4 76 141.3 4/7/2010 509,269.8 509,269.8 762094 5/7/2010 30 851,966.0 851,966.0 76 373.7 6/8/2010 6 32 1,565,648.7 1,565,648.7 so 611.6 7/8/2010 7 30 2,489,386.0 102,600.0 1,380.0 2,593,366.0 79 1,050A 8/11/2010 8 34 5,947,693.4 209,600.0 6,157,293.4 82 2,133.3 9/13/2010 9 33 5,531,206.9 87,900.0 2 5,819,106.9 82 2,044.1 11/17/2010 11 65 2,714,729.0 21,450.0 2,736,179.0 83 503.2 TOTALS 347.0 20,626,146,1 649,100.0 30,650.0 21,304,896.1 736.1 d/Connection Average Average Per Date of Days Of Meter Total Usage For Traffic Circle Number of Connection ReadingMonth Reading Meter Usage Park Irrigation Usage Total Usage Connections (gpd/connection) 2/21/2011 2 96 1,090,469.4 1,090,469.4 81 140.2 3/17/2011 3 24 281,499.3 281,499.3 80 146.6 4/22/2011 4 36 457,612.7 457,612.7 82 155.0 5/17/2011 5 25 548,060.4 548,060.4 82 267.3 7/3/2011 7 47 2,937,427.2 2,937,427.2 85 735.3 8/2/2011 8 30 4,737,395.3 4,737,395.3 84 1,879.9 9/2/2011 9 31 5,786,020.E 5,786,020.E 87 2,145.4 10/3/2011 10 31 4,470,929.1 4,470,929.1 86 1,677.0 11/2/2011 11 30 887,268.5 709,700.0 19,840.0 1,616,808.5 87 339.9 12/9/2011 12 37 498,825.7 498,825.7 88 153.2 TOTALS 387.0 21,695,508.2 709,700.0 19,940.0 22,425,048.2 764.0 d/Connectfon Average Average Per Date of Days Of Meter Total Usage For Traffic Circle Number of Connection Readin Month Reading Meter Usage Park Irrigation Usage Total Usage Connections (gpd/connection( 1/5/2012 1 27 413,Bfi0.0 4130860.0 91 168.4 2/8/2012 2 34 432,866.1 432,866.1 86 148.0 3/8/2012 3 29 351,880.2 351,880.2 88 137.9 4/9/2012 4 32 3,356,911.9 as 5/9/2012 5 30 745,676.0 92 6/10/2012 6 32 2,835,893.8 2,835,893.8 94 942,8 7/11/2012 7 31 4,266,287.1 4,266,287.1 92 1,495.9 8/10/2012 8 30 5,643,095.6 5,643,095.6 98 1,919.4 9/11/2012 9 32 6,102,038.3 6,102,038.3 92 2,072.7 10/11/2012 10 30 4,113,299.6 4,113,299.6 98 1,399.1 11/15/2012 11 35 872,314.5 709,700.0 19,840.0 1,601,854.5 93 268.0 12/13/2012 12 28 403,523.9 403,523.9 94 153.3 TOTALS 370.0 29,537,647,0 709,700.0 19,840.0 26,164,599.1 870.E d ConnectfonAvera�e Average Per Date of Days Of Meter Total Usage For Traffic Circle Number of Connection Reading Month Reading Meter Usage Park Irrigation Usage Total Usage Connections (gpd/connection) 2/12/2013 2 fil 891,028.7 891,028,7 94 155.4 4/14/2013 4 61 1,001,119.0 1,001,119.0 89 184.4 5/10/2013 5 26 2,011,724.7 2,011,724.7 99 781.6 6/7/2013 6 28 3,760,174.4 3,760,174.4 100 1,342.9 TOTALS 176.0 7,664,046.8 0.0 0.0 7,664,046.8 616.1 d/Connecton Avera e Avera a connection. 790.2 gpd Average Annual Domestic Volume= 73.5 of Average Annual Irrigation Volume for Landsca In 2.2 of Red Pheasant Watpr Company, LLC 1065 Harvest Moon Ln. Lewiston, ID 83501-6265 208-790-2543 redpheasant@microwavedsl.com To: Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone(208)287-4856 Fax(208)287-6700(attn: Dan Nelson) 1. Last pump install in Well#1 was on 08December2012• Grundfos 150S400-23 ser#P11248058 (40hp wet-end) This has a 50hp 460v 3phase Franklin Electric submersible motor. This is pumping 175 gpm through the meter. 2. Last pump installed in #2 well was on 16Aug2013• Grundfos 230S500-16 ser#P1 1333 059 (50hp wet-end) This has a 60hp 460v 3phase Franklin Electric submersible motor. This is pumping 195 gpm through the meter. 3. The peak demand,just calculated this week with the extreme temperatures, is 321,082 gallons. This translates to 223gpm per day. This is for a total of 115 residences, with 12 of those in the lawn establishment process which utilizes larger amounts of water. This is during peak irrigation demand. 4. The calculation for the ADD is included within the attached scanned file.They were calculated last year. Please contact me with any questions. Respectfully submitted, Harry William Hobbs,Jr. Red Pheasant Water Company July 18, 2013 Drinking Water Chlorination Page 2 Table 2-IDWR Water Right Number A Water Right Number NO*Date Souu os'Water pivers#>;,r1 Raise-afs(gpf») 85-4394 01/01/1957 Ground water 012(54) 85.7067 08/16/1994 Ground water 0 22(99) M7631 12/04/95 Ground water pp8 1 1995 Ground water 3;01 F 4)7 Totals 1.15(5517) Ad'usted total 4.15(1,864) A Idaho Department of Water Resources,hup//www,ldwr.idaho.gov Existing System Conditions Red Pheasant Water Company provides water to approximately 100 connections including Harvest Vista Subdivision,Pheasant Trail Estates,and Schaub Ranch. Recent meter billing records for the period of January 3, 2010 to June 6, 2013 were provided by Red Pheasant Water Company.A summary of this data is provided in Appendix S.Table 3 summarizes the current system usage. Table 3-Water Usage i Usage Units %Wue Annual Average hE gal/day 81.023 Maximum Month 9 c gal/day 190,689 Maximum Day gal/day 3W,406 A Dedicated irrigation mete,usage for parks and landscaping not available 2012 2013 Annual Irrigation for parks and landscaping for 2012 estimated to be equal to 2011 data g Annual Average and Maximum Month as reported for 2012 C Maximum Month reported to occur August—September I012 D Maximum day usage as reported by Operator Bill Hobbs occurring July 2,2013 Proposed System - Sodium Hypochlorite Overall Process Description A typical 12.5 percent sodium hypochlorite solution will be used at Well#1 and Well#2. The proposed system is anticipated to be installed by Red Pheasant Water Company staff during the summer of 2013. Chlorine contact time is provided in the transmission pipeline,storage tank and distribution system pipelines prior to the first service connection. Consideration to potential water quality impacts should be given when installing the disinfection system By installing a liquid sodium hypochlorite system, it is possible that the pH may be increased. An increase in pH can N ID O rc rn O1 v 0 �i �D Vmf v O n Qi K v O O N ry n Q N ^ T v v G Q +� c oo n y000 .r .� Nm �n � rqN � � � %°. rvn " ine �'r V� "] ON o om vm �i � a ai n ,I u2. Q, tD N 00 pri rqqy somj A pQmp1 r� lqp+ � .yQ+1 .. .pry Ln v, pn� ul �0 0o Ie�4 W .., c oo "7 ai .rj+ O W f� Q1 fY1 pN� O M O rn N " N O� �^, N m 1'� N m M y�'1 N N O n .y n0 W v r4 t'Y'i1 O v1 00 00 Y� Ov0km ^ N v W A Q n N {O Vi Q N FA (r U1 N N g m CO M v � Q Q pp�� pO pp pp ��pO ��pp pp pO p pp p pp M M (mn OI N 'ry N V M M M M T N r9i N 'N+1 M M m M M M M NID t0 N n nnnnn � naaocoo oo � 0N0oo"D000 m �im �°iN m noao± o N ^p tpp�� �tOpp q T C oC Qp~1!� N h ,1 pry tpQ�� n {pop ��pp �Np` 9 o pM to Qn f�m7i QQD�� u1 O n .p wn m �N.,'C"� v iO O M Q Q1 00 O�0 00 W 00 C� n H GC ry ri ri �p �j �C Ln m Q1 1/' ^� r MgM � ^ ion � N 0 r,4 v10 sem ry O O O O S Sj O G h " N ti pi ^ O c oN o rT rl ry �D M Q1 N n �p Opp Q� Opp, pO� N v ^ r.t Epp O� n O N ~ n h O1 trf �b M1/ h .y N N N � tp 0 N�pQ v m o ` ��pp pOp n coD � Tn W � tD N � �N � rcl � O. .-i a, m o0 N %M 'mn m ''R N N `R n O a� of v vl P �v a+ m v� .r N VI Y tl a 1 N rl v N v f v v v m n m ry v 61 tD v m m 1p h n pp op M N " N N m N Q1 y OD OD C O V1 m N ti" n O " O 'i ^ N M v V1 td A 00 p1 ti N M v U1 A M p1 ry ..r N m v Jl .p n 00 Qt 01 r NO ; A S' O O O O ..y " ..y " ^ N N N N N N N N N N N tAy M m M m C Nelson, Dan From: Nelson, Dan Sent: Monday, July 07, 2014 9:16 AM To: 'Bill Hobbs' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Hello Bill, I haven't received the information required in my June 2, 2014 email, and the 30 day period has expired. At this point, I am required to send a notice of intent to void the permit. This is notice will give you an additional 30 days to supply the information, but once that it is done, the permit will be automatically voided if we don't receive the information or a request for additional time. If you sent the information or need more time to compile the information needed, you can send me an email requesting additional time. You will have to give me a specific date that you will get the information to me. If I don't hear from you by the end of the business day tomorrow, I will have no choice but to send out the letter. The letter will formalize the process, so if you need additional time, please let me know as soon as possible. Thank you. Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 Fax (208) 287-6700 (attn: Dan Nelson) From: Nelson, Dan Sent: Monday, June 02, 2014 10:51 AM To: 'Bill Hobbs' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Sounds great Bill. I appreciate it. Dan From: Bill Hobbs [mailto:bdhobbsCµwavedsl com1 Sent: Monday, June 02, 2014 10:33 AM To: Nelson, Dan Cc: 'Jim Browitt(jbrowitt(ftrowittlaw.com)'; 'James Browitt' Subject: RE: Licensing Review Questions for water rights 85-7618 and 85-7631 Dan, Your clarification for the additional data needed is greatly appreciated. I have just about all this information pulled together and will have it submitted around Wednesday.James Browitt is also assisting me with the licensure process so I have cc'd him on this email. i Thanks, Bill From: Nelson, Dan [mailto:Dan.Nelson(d)idwr.idaho.govl Sent: Monday, June 02, 2014 8:43 AM To: redpheasant@)microwavedsl.com; redpheasant(µwavedsl.com Cc: Saxton, Craig Subject: Licensing Review Questions for water rights 85-7618 and 85-7631 Dear Mr. Hobbs, Craig Saxton forwarded your email to me to complete the licensing review for water rights 85-7618 and 85-7631. Our office also received assignments of permits for these water rights. We have completed the assignments of permits, and both of these water rights are now in the name of Red Pheasant Water Company LLC. Before we can complete the licensing of these permits, we will need some additional information. Sandy Hemenway requested this information on April 19, 2014. We will need the following information: 1.) The maximum capacity of well #1 (located by the 2 storage tanks). We will need to know how much water from the well can be delivered to the storage tanks from this well. You can supply the information in gallons per minute. The person who installed the well pump should have a pump curve and/or records of any pump tests that were done on this well. 2.) The maximum capacity of well #2 (located where the fire protection gear is stored). We will also need the following information on this well that can generally be attained from the person who installed the well: a. Horsepower of the well pump. b. Brand name of the well pump installed. c. Serial or model number of this well pump. d. Any pump curves or pump tests you may have for this well. 3.) We will also need to know the peak demand required for your entire system. The peak demand is maximum gallons per minute needed to provide adequate water to your subdivision and farm ground. If you don't have this information readily at hand, you can generally attain it from your Department of Environmental Quality records that show the minimum and maximum rates required for your subdivision. 4.) We will also need the daily demand of water required per house hold for this system. Once again, this can generally be found in your Department of Environmental Quality records. Once we have received the above 4 items, I can then start processing the license for this water right. I do want to let you know that I may need to contact you for additional information once I dig deeper into the files. It is difficult to pickup another agents work, so I may need to ask you questions that you have already answered just to clarify the record. I want to make sure that we get this license correct, so please bear with me. We generally ask that when we make a formal request additional information that it be supplied within 30 days. I am not going to make a formal request for this information at this time, but I would appreciate it if you could send me the information needed as soon as possible. 2 Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 Fax (208) 287-6700 (attn: Dan Nelson) This email is free from viruses and malware because avast! Antivirus protection is active. 3 Nelson, Dan To: redpheasantQmicrowavedsl.com; redpheasant@microwavedsl.com Cc: Saxton, Craig Subject: Licensing Review Questions for water rights 85-7618 and 85-7631 Dear Mr. Hobbs, Craig Saxton forwarded your email to me to complete the licensing review for water rights 85-7618 and 85-7631. Our office also received assignments of permits for these water rights. We have completed the assignments of permits, and both of these water rights are now in the name of Red Pheasant Water Company LLC. Before we can complete the licensing of these permits, we will need some additional information. Sandy Hemenway requested this information on April 19, 2014. We will need the following information: 1.) The maximum capacity of well #1 (located by the 2 storage tanks). We will need to know how much water from the well can be delivered to the storage tanks from this well. You can supply the information in gallons per minute. The person who installed the well pump should have a pump curve and/or records of any pump tests that were done on this well. 2.) The maximum capacity of well #2 (located where the fire protection gear is stored). We will also need the following information on this well that can generally be attained from the person who installed the well: a. Horsepower of the well pump. b. Brand name of the well pump installed. c. Serial or model number of this well pump. d. Any pump curves or pump tests you may have for this well. 3.) We will also need to know the peak demand required for your entire system. The peak demand is maximum gallons per minute needed to provide adequate water to your subdivision and farm ground. If you don't have this information readily at hand, you can generally attain it from your Department of Environmental Quality records that show the minimum and maximum rates required for your subdivision. 4.) We will also need the daily demand of water required per house hold for this system. Once again, this can generally be found in your Department of Environmental Quality records. Once we have received the above 4 items, I can then start processing the license for this water right. I do want to let you know that I may need to contact you for additional information once I dig deeper into the files. It is difficult to pick up another agents work, so I may need to ask you questions that you have already answered just to clarify the record. I want to make sure that we get this license correct, so please bear with me. We generally ask that when we make a formal request additional information that it be supplied within 30 days. I am not going to make a formal request for this information at this time, but I would appreciate it if you could send me the information needed as soon as possible. Daniel Nelson Staff Hydrologist Idaho Department of Water Resources Telephone (208) 287-4856 i Fax (208) 287-6700 (attn: D. Aelson) z Nelson, Dan From: Saxton, Craig Sent: Wednesday, May 28, 2014 11:23 AM To: Bill Hobbs Cc: Nelson, Dan Subject: RE: licensing review question Bill, Yep, it looks like that is what she is asking for in the last e-mail she sent us (attached). With that said, I am going to CC Dan Nelson on this. He actually now has the file and will be following through with it. I am sorry you keep getting passed around to different agents. When Sandy retired, she asked that all correspondence be sent to me as we had not figured out how to redistribute her workload. However, now that things are falling into place, it looks like Dan will be taking over. Please don't hesitate to call or contact me with questions. I am sure this can be frustrating on your end. Respectfully, Craig L. Saxton Water Rights Supervisor 208.287.4916 craig.saxton@idwr.idaho.gov From: Bill Hobbs fmailto:bdhobbs(a)microwavedsl.com1 Sent: Tuesday, May 27, 2014 9:44 PM To: Saxton, Craig Subject: licensing review question Craig, I am working on the information that Sandy had requested in regards to permits 85-7618 and 85-7631. In her email she requested information on daily and monthly flows in regards to the wells for 1 thru 3 years.Would this be for the last 3 years,which is what I am guessing? Please correct me if I am wrong. Thanks, Bill Hobbs-manager/member Schaub Ranch, LLC Red Pheasant Holdings, LLC Red Pheasant Water Company, LLC 1065 Harvest Moon Ln. Lewiston, ID 83501-6265 redpheasant@microwavedsl.com 208-790-2543 1 Hemenway, Sandy From: Hemenway, Sandy Sent: Saturday, April 19,2014 12:42 PM To: 'schaubranch @ microwavedsl.com'; 'bdhobbs @ microwavedsl.com' Cc: Saxton, Craig Subject: 85-7618 and 85-7631 water right licensing review Attachments: D00014.pdf Bill and or Stephen, I am currently conducting the licensing review, and have a few questions, but I need the answers sent back to the attention of Craig Saxton: craig.saxton@idwr.idaho.gov (208)287-4800, since today is my last day working for IDWR (I am officially retired): (1) For well#1 (located by the 2 storage tanks) (a) Flow records (daily and monthly for one thru three years) (b) Peak flow records (2) For well #2 (located where the fire protection gear is stored) (a) Make/model/serial#of the submersible pump (b) Hp (c) Flow records (daily and monthly for one thru three years (d) Peak flow records. Thank you Sandy Hemenway Sr. Water Resource Agent IDWR State Office, Boise i 4444 • +7" 1 A .'•'^ emu• r e NWNW .1 NENW 3 r � Sur r~ ' �ENW% a� � Pe I' Rev.04/12 $25 fee per permit Receipted by a4— D ReceiptamL$ L6-'O J STATE OF IDAHO Receipt no. v 3 O q's r E C E v E DEPARTMENT OF WATER RESOURCES Date -- �oAy g 2014 ASSIGNMENT OF PERMIT �NOR.THE�N To change the ownership of a permit W ID J e- ,hereby assign to e urr nt oyme I New owners) 1 of, 06 5 ryoiST �00n I�Q, L�f;� ��� Z�� New owner's address including city,state and ZIP Phone All my right,title,and interest in and to Permit No(s).: f�� Q U to appropriate the public waters of the State of Idaho. OR(for partial assignments) The following described portion of my right,title,and interest in and to Permit Number(s).: ,to appropriate the public waters of the State of Idaho. Describe in detail the portion of the permit assigned, listing the number of acres in each 40 acre subdivision, point of diversion location,and amount of the water in cubic feet per second. Does the new permit holder own the property at the: Point of diversion? Yes ❑No Place of use? 4 Yes ❑No If no,describe the arrangement enabling the new owner to access the point of diversion and/or the place of use: Dated this day of ,20a. Permit holder e!eIff applicable) Permit holder Title(if applicable) State of Idaho ) )ss County of Ferce , ) On this— T day of 10 20�, personally appeared before me the signer(s) of the above instrument,who duly acknowl dged to me that he/she/they executed the s e. ����1111111//// SEAL �$1BiRN, Nota Publicj%r C /1; I My commission expires:s. NOTARY = _ fuldvici G, &Ld A PUBLIC 0\`�� %i O F l i OP��\` NUCROF M NO. R E C E I V E D INDEXED t 665894 MAY 19 2014 FILMED 4 DELIVERED 00%*4 LIMITED POWER OF ATTORNEY IDWRA ORTHERN' MAILEDlk KNOW ALL MEN BY THESE PRESENTS, that I, STEPHEN A. SCHAUB of 3526 Rippling Way, Laurel, Maryland 20724, do make, constitute and appoint DANIELLE SCHAUB HOBBS AND H. WILLIAM HOBBS, JR. , husband and wife or either of them, 8101 Red Pheasant Blvd. , Lewiston, Idaho 83501, as my true and lawful attorney-in-fact, for me and in my name, place and stead in all routine or day-to-day matters pertaining to Schaub Ranch and (the "ranch") located in Nez Perce County, Idaho, as follows: N."Ujatment •6 f To lease, manage, cultivation, collect rentals or operate any and all ranch real property owned by me or in which I maybe have any interest; and to alter, repair or improve any or all equipment, buildings or structures upon such ranch real property; and to pay for the same out of any moneys belonging to me in the ranch bank account, and to insure the same against loss by fire or other casualties; To deposit any moneys belonging to me from the rath operation in the appropriate ranch accounts and to withdraw the same and to endorse all checks, drafts, notes and orders payable to me relating to the routine or day-to-day ranch operation and to deposit the same to my account in the appropriate bank; and to sign checks, drafts and orders to arrange and settle all accounts with the bank holding such deposits; To pay any and all debts, claims or obligations owing by me on account of the routine day-to-day operation of the ranch operation including premiums on life, accident, fire or other insurance policies, installments of principal or interest on any mortgages, real estate contracts or any of my obligations out of any moneys belonging to me, as limited above; To employ servants, attorneys at law or other persons which my said attorney-in-fact may deem proper for the management, control, operation or in safeguarding of the ranch operation financial or otherwise, and to pay for the same out of any moneys belonging to me, as limited above; To sign my name and execute and deliver on my behalf all agreements, contracts, notes, releases, satisfactions, acquittances, receipts and checks which may be necessary in the routine or day-to-day operation of the ranch operation; LIMITED POWER OF ATTORNEY—( PAGE 1} To execute vouchers and make, execute and file claims or demands on my behalf of any and all allowances or reimbursements properly payable to me by the United States, the state of Idaho, and to receive, endorse and collect the proceeds of any checks payable to me and drawn on the Treasury of the United States on account of the ranch operation. My attorney-in-fact shall exercise or fail to exercise the powers and authorities granted herein in each case as my agent in his absolute discretion deems desirable or appropriate under existing circumstances. However, nothing herein shall be construed as imposing a duty on my attorney-in-fact to act or assume responsibility for any matters referred to above or other matters even though my attorney-in-fact may have power or authority hereunder to do so. If any power or authority hereby sought to be conferred upon my attorney-in-fact should be invalid or unexercisable for any cause or not recognized by any person or organization dealing with my attorney-in-fact, the remaining powers and authorities given to my attorney-in-fact hereunder shall nevertheless continue in full force and effect_ Third parties may rely upon the representations of my agent as to all matters relating to any power granted to my attorney-in- fact, and no person who may act in reliance upon the representations of my attorney-in-fact or the authority granted to my attorney-in-fact shall incur any liability to me or my estate as a result of permitting my attorney-in-fact to exercise any power. This limited power of attorney is executed and delivered in the State of Idaho and the laws of the State of Idaho shall govern all questions as to the validity of this power and as to the construction of its provisions. It is my intent that this limited power of attorney shall remain in full force and effect and that the power granted herein shall continue without interruption until my death unless previously revoked by me. LIMITED POWER OF ATTORNEY--( PAGEa) IN WITNESS WHEREOF, I have hereunto set my hand and my seal on this , 7 day of Z,/� 2001 . STEP'IiEN A. SCHAUB FIE CEIVED STATE OF IDAHO ) PAY n } ss. County of Nez Perce ) On this cjjZ& day of �j 2001, before me, the undersigned, a Notary Public in And for said State, personally appeared STEPHEN A. SCHAUB, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal on the date last above written. OTARY PUBLIC f Idaho. Residing at _�ie NOTARY My commission Q -06 e/. PUBLIC — /li�lltl�. ;INS1 NOb-6Sy9 r (;FILL E�D FOR iRECORO I'Al RCG By_ )kf=�-'e M daLC 5�Lv l�► . , �i 2001 JUL 21 P 3: 49 �3 ult-t'� PAM 0.WEEKS. Lau►j �D ROE&.NEZ PERCE CO 10 Z-7 EPUTY LIMITED POWER OF ATTORNEY--{ PAGES} State of Idaho DEPARTMENT OF WATER RESOURCES 322 East Front Street • P.O. Box 83720 - Boise, Idaho 83720-0098 Phone: (208) 287-4800 • Fax: (208) 287-6700 - Website: www.idwr.idaho.gov C.L.93UTCH"OTTER GARY SPACICNAN Governor Director May 30, 2014 RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501 RE: Assignments of Permit for Water Right Nos. 85-7618 & 85-7631 Dear Water Right Holder(s): The department acknowledges receipt of the Assignments of Permit changing ownership of the above referenced water rights to you. The department has modified its records to reflect the change in ownership and has enclosed computer-generated reports for your records. Please note that as of July 1 1996 water right owners are required to report any change of water right ownership and any change of mailing address of the owner of a water right to the department. Notice of the change must be provided to the department within 120 days of the change. Change reporting forms are available from any office of the department. Please feel free to contact this office if you have any questions regarding this matter. S' cerely, X Darla Block Water Right Permits Section Enclosures ,cc: BROWITT LAW OFFICE C/O JAMES BROWITT MEMORANDUM Date: April 19, 2014 To: Water Right File 85-7618 and 85-7631 From: shemenway Re: Field Report Narrative The Stephen Schaub Ranch is controlled by: Steve Schaub is the president, Mary Schaub is the vice president, and Harry(Bill) Hobbs Jr is the secretary/treasurer, and regulated by IDEQ PWS#2350040 known as Red Pheasant Water Co. Bill is the certified water system operator and ranch manager. Ron Cooper is the other certified operator for this water system. Contact information for Steve Schaub is: 1065 Harvest Moon Ln., Lewiston, ID 83501 (208)717-8484, schaubranch@microwavedsl.com . Contact information for Bill Hobbs is the same address, and phone number, bdhobbs@microwavedsl.com At the time of the field examination,there were 3 wells found (Wells#1, #2 and #3). Well #3 had been ` drilled about 650 ft west of well#2, but no pump installed, and it had not yet been connected into the distribution system. Well #1 is located slightly northeast of the (2) storage tanks. Well#1 E0006983, was drilled 7/14/1994, by Burns Well Drilling, has a 10 inch casing, is 1053 ft deep, 670 ft static, 60 Hp submersible pump (unknown make/model) with a 2'/2 inch galvanized steel discharge to the 64,000 gallon storage tank. Directly north of Well#1 is a pump house with 2 booster pumps (7.5 Gould unknown make/model.To the west is located another pump house with 4 identical vertical turbine booster pumps: Baldor 20 Hp each, cat#84-203374, with a hydropneumatic tank and a Well X troll WX457C pressure tank. Outside this pump house, to the west is located the auxiliary back-up power source. i If you go north up the road, you run into the well lot and pump house for well #2. Well#2 E0005583 is located directly north outside the pump house. It was drill on 10/1/2008 by H2O Well Service, Inc. It has a 20 inch casing, 1157 feet deep, 600 ft static, 2 1/2 inch discharge to 4 inch buried ductile iron running to y the storage tanks, with the system pressure of 80 psi (found in the booster house for well #1 that has the hV 4 booster pumps). It has a submersible pump (unknown make/model). Also located in the pump house for well#2 is a lot of fire protection gear, and clothes for the volunteer fire department. Due to not having adequate room to monitor flow, flow records were requested by the public water system operator(daily, monthly, annual, and peak demand). All other missing information was also requested. There are (2)storage tanks that both fill from the top. Both storage tanks are located by well #1. The closest one to well#1 is 64,000 gallon (built in 1995), with a 6 inch overflow. The other storage tank is a 136,000 gallon storage tank (built in 2007) with a 12 inch overflow. The levels are controlled by demand and monitored and controlled using a SCADA program, maintaining the entire system at 80 psi. Discharge from the two manifolded storage tanks is to a 12 inch ductile pipe, through the booster station, discharges to 10 inch ductile iron that changes to 10 inch C900 buried pipe that runs southwest down the road, with 2 lines running into the subdivision: a 6 inch and a 10 inch C900 running into the subdivision and then reducing to 1 inch poly to each of the 100 connections 100 connections, and a separate 2 inch main running to the 2 vineyard, reducing to 3500 drip system emitters, with a flow of 1 gallon per hour. According to the sanitary survey report written by IDEQ, there was a note that stated that this distribution system was tied into the Eagle Point Subdivision, but only for an emergency source (in the event of a fire). 85-7618 and 85-7631 Beneficial Use Field Examination Narrative Page 1 The following beneficial uses were found: 85-7618: Diversion to Storage Irrigation from Storage (the trees, fruit trees, and vineyard areas) Irrigation (trees,fruit trees, and vineyard areas) Commercial (the farm shops with 5 people/day, 2 toilets and sinks and 1 shower; 180 chickens, 18 sheep, 8 cattle, and 30 turkeys that they buy/sell) Note: The golf course that had been planned under water right 85-7618 was not developed, so for this reason RECREATION STORAGE was removed, and the number of acres for IRRIGATION was reduced to only the area where the trees,fruit trees and vineyards are located (as confirmed at the time of the field examination). 85-7631: Irrigation' Domestic' Fire Protection 'Domestic and Irrigation Use should be changed to Municipal since it is for 100 connections within the service area of the subdivision. 85-7618 and 85-7631 Beneficial Use Field Examination Narrative Page 2 6N05W _ Well#2 ---- r t • 1• i+ r ArcMap 2013 1:1,985 Imagery , , " "'}'e rf ,' ► ' 1 35 0 t ' _ 136,000 gallon storage tank Well #1 64,000 gallon storage tank fit ■,//•'��..(■I `�' r :,. �!`.``� �e(f��(a}0 P r t *■(`ditgd v 1�a�1 ate.,• � I� I NWS NESE NWSW NESW NWSE NESE s ` SWSE SESE S - -- —WSW.- SESW 1 SWSE SESE � '� -/ ;.': Pie. •. • • SWNE Fiat MFUGTIX f Qcif A MA • •• ' P n,{• NWSE ' 16 _„�„-ice, � ��.. 6 .. .,-,;♦ • '�� �� \ � •� sw Nw l _q t- SWNE 5 SENE 6 J _.I I SENW I S SENE SWNW 2 WNE f l y NWSE1 NESE NWSW NESW NWSE NESE ^ANWSW 3 I/ . 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The following well log is the correct well driller's report for Well #2. Please see memo dated 11/13/14 for additional information. Daniel A. Nelson Staff Hydrologist Form 238-7 t 1/97 IDAHv DEPARTMENT OF WATER RESOURCE v E VV Office Use Only WELL DRILLER'S REPORT JAN _ 4 „Inspectedby Lrup Rge_�ec 1.WELL TAG NO. D 00173A2 _ _ -- DRILLING PERMIT NO.�7-�4 S 0 0 ,%1 —1/4 1/4 � 11. WELL TEIF1,:�O �'lLat: Long: g: Other IDWR No. ❑Pump ❑ Bailer Vir ❑ Flowing Artesian 2. OWNER: Yield gal/min. Drawdowp Pumping Level Time Name Steven—Schaub—Ranch _Q + 2Hrs. Address 17 4 5 T.a pwal—Ro.ad ___.______ ___ City T. .W T QN_ State_I lYip8 3 5 01 Water Temp. 5 Bottom hole temp. 3. LOCATION OF WELL by legal description: Water Quality test or comments: r ]rgar Sketch map location must agree with written location. DepthfirstWater Encounter 12G� N 12. LITHOLOGIC LOG: (Describe repairs or abandonment) water Bore From To Remarks: Lltholo Water Quality & Temperature Y N — Twp.__36___ North[�{ or South ❑ Dia. gy, y W E Rge• Q5 East ❑ or West X 1 X Sec. 36 1/4 1/4 1/4 loll Clay X Gov't Lot County--NeZ_perce'��rre5 "" 30 55 Clay & Basalt X Lat: Long: 1 X s Address of Well Site 3.745 T-apwai pppp City--LEWIS- Np1 111' tGTIsSYt a name al rcad Disarca la R.,or Laa,,q T.F:,�Y-.I.-J-ir�L& RARalt - 11 11 Lt. Blk. Sub. Name 111� fill 4. USE: loll ay X ❑Domestic gMunicipal ❑Monitor ❑Irrigation "" Basalt X ❑Thermal El Injection ❑Other _ — loll23-5 Sand & Clay X 5. TYPE OF WORK check all that apply loll 300 Sand pp y (Replacement etc.) X7 New Well ❑ Modify ❑ Abandonment ❑ Other loll 00 320 C ay x 6.DRILL METHOD fill345 SandX RAir Rotary ❑Cable ❑ Mud Rotary ❑Other loll X 7. SEALING PROCEDURES ,,,, SEAL/FILTER PACK AMOUNT METHOD Material From To Sacks or Pounds Concrete Be 0 55 Trimie Pipe fill n' e 1 11' loll salt X Was drive shoe used? FXY ❑ N Shoe Depth(s) ~sS r `� loll X Was drive shoe seal tested? k YX N How? (Q Jr so 589 Porous 11 11 Basalt X 8. CASING/LINER: 111, X Diameter From 255ial Casing Liner Welded Threaded "" X 10" +2 TE Xi ❑ ❑ 1111X " TE )P ❑ tv ❑ 11' X " X7 ❑ � ❑ 1111 X Length of Headpipe _ Length of Tailpipe "" ous ]JaSa X 9. PERFORATIONS/SCREENS "" X Perforations Method None "" Basalt Screens Screen Type--NQrM Completed Depth 960 ' (Measurable) From To Slot Size Number Diameter Material Casing Liner Date: Started 18,TT1N2001 Compleled27AUG2001 ❑ ❑ 13. DRILLER'S CERTIFICATION ❑ ❑ I/We certify that all minimum well construction standards were complied with at ❑ ❑ the lime the rig was removed. Company NameBu�s ell filling, ND. 103 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: �J .c' 63 3_'_ft. below ground Artesian pressure lb. Firm Official ,7 ate /C.) / ' G/ Depth flow encountered 895 , ft. Describe access port or and / ��--. control devices: Re —We11 Eap Driller or operator Nick R. HeitnW �D Report 1 of 2 (Sign once if Firm Official'&Operator) (o /U kJ 3 & FORWARD WHITE COPY TO WATER RESOURCES RE . IVED Form gas IDA _ '1/97 U DEPARTMENT OF WATER RESOURC y FAN 4 InspectedOff a UseOnly WELL DRILLER'S REPORT �� 1b ec 1.WELL TAG NO. D 01—V-3 g� IDWF�;'"!O1t Twp R 1/4 1/4 1/4 1/4 DRILLING PERMIT N0. — 11. WELL TESTS: Let: Long: Other IDWR No. ❑Pump Li Bailer LiFlowing Artesian 2. OWNER: Yield gal./min. Drawdown Pumping Level Time Name Stpaye�a__Schaub—Ranch Address—4 7 d S ha j wa-lr._ROad --_ City_ T EW-1S,ON _ State-ID_Zip g 3 5 01 Water Temp. _ Bottom hole temp. 3. LOCATION OF WELL by legal description: Water quality test or comments: _ Sketch map location must agree with written location. Depth first Water Encounter N 12. LITHOLOGIC LOG: (Describe repairs or abandonment) water Bore Twp North❑ or South ❑ Dia. ,rom To Remarks: Lithology, Water Quality 6 Temperature Y N w E Rge• _ _ East ❑ or West 1-1 f— Sec. __--___1/4 Gov't Lot �10d" 40ones ISO-es County X Lat: �_- Long: n ofs —Ha Address of Well Site 1111 City 111r (Gve al leaf rwme al rcaA pisla�ce to Rcad cr LaMma•k) — .D�rnt�c &a fill LI. Blk. Sub. Name 1111 I3aSaI t nn Basalt 4. USE: ❑Domestic ❑Municipal ❑Monitor ❑Irrigation ❑Thermal ❑Injection I] 5. TYPE OF WORK check all that apply (Replacement etc.) ❑ New Well ❑ Modify ❑ Abandonment ❑ Other 6.DRILL METHOD ❑Air Rotary ❑Cable ❑ Mud Rotary ❑Other 7. SEALING PROCEDURES SEALIFILTER PACK AMOUNT METHOD Material From To Sacks or Pounds Was drive shoe used? ❑Y ❑ N Shoe Depth(s) Was drive shoe seal tested? ❑ Y❑ N How? 8. CASING/LINER: Diameter Fram To Gau a Material Casing Liner Welded Threaded ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Length of Headpipe Length of Tailpipe 9. PERFORATIONS/SCREENS Perforations Method _ Screens Screen Type _ _ Completed Depth (Measurable) From To Slot Size Number Diameter Material Casing Liner Date: Started Completed ❑ 13. DRILLER'S CERTIFICATION G ❑ I/We certify that all minimum well construction standards were complied with at C p the time the rig was removed. Company Namt� S ell Drill L'4 11A�Wo. 103 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: - it, below ground Artesian pressure lb. Firm Official 'f'y to l� d Depth flow encountered _ —ft. Describe access port or and � �— control devices: ) Driller or Operator Nick Heitm l6 3 r (Sign once it Firm Official 8 Operator-- FORWARD WHITE COPY TO WATER RESOURCES Formfz STATE OF IDAHO USE TYPEWRITER OR DEPARTMENT OF WATER RESOURCES BALLPOINT PEN WELL DRILLER'S REPORT State law requires that this report be filed with the Director,Department of Water Resources within 30 days after the completion or abandonment of the well. 1. WELL OWNER 7. WATER LEVEL Name_ !2�� id�. Static water level 1�2n feet below land surface. Address,•T 4,'P Z, / �q/,f Flowing? ❑ Yes -@'Ira O.P.M.flow �� Artesian closed-in pressure p.s.i. Drilling Permit No. X:C-g* -Cyl' Controlled by: ❑ Valve FI Cap Cl Plug �^^ 7�0� Temperature OF. Quality Water Right Permit No.. Describe artesian or tampw�.aDrJ _ ature nines below. 2. NATURE OF WORK 0. WELL TEST DATA E'Few well ❑ Deepened Replacement ❑ Pump ❑ Bailer -9e r ❑ Other ❑ Well diameter increase C' Modification .1 Abandoned(describe abandonment or modification procedures Discharge G.P.M. Pumping Level Hours Pumped such as liners,screen,materials,plug depths,etc.in lithologic log,section 9.) 3. PROPOSED USE .1?'6omestic r Irrigation ❑ Monitor 9. LITHOLOGIC LOG ❑ Industrial ] Stock ❑ Waste Disposal or Injection Bore jDe th Water Other (specify type) Diem. ToMaterial llbs No 4. METHOD DRILLED 40-1 4B'Rotary CL-ft ❑ Auger 11 Reverse rotary I' Cable r Mud ❑ Other 7 (backhoe,hydraulic,eta) v 8. WELL CONSTRUCTION !/A Casing schedule: steel ❑ Concrete E'6theroe!k-,_ Thickness Diameter From To zs�Inches 12 inches +_Z feet_4Z feet a . _Inches -r inches f_1 feet !j 46 feet 7r, to D .ZS32 Inches 1_Inches z4_feet,Ca e�feet — Was casing drive shoe used? 4B Yes ❑ No Z60- Was a packer or seal used? Ei-Yes El No Perforated? 17Yfes ❑ No �- — How perforated? ❑ Factory ❑ Knife ❑ Torch eeE Size of perforation? �_inches by�_Inches ` G Number From Tb r/70 perforations 9 t2 feet ft:-1 feet _ perforations feet feet 1 perforations feet feet Well screen Installed? ❑ Yes E34o Y Manufacturer Type d7✓ Top Packer or Headpipe Bottom of Tailpipe Diameter_Slot size Set from_feet to v feet Diameter^Slot size_Set from_feet to_feet Gravel packed? ❑ Yes .CYfCo ❑ Size of gravel Placed from feet to feet r Surface seal depth$Material used in seal: ❑ Cement grout AJIG 31 $^Bentonite L' Puddling clay ❑ ONj Sealing procedure used: r Slurry pit hDWR Temp.surface casing R'Dverbore to seal depth I Method of joining casing: 17 Threaded -2-Welded 4.i-Solvent Weld ❑ Cemented between strata Describe access port 4/ /,_' - Work started finished S. LOCATION OF WELL 11. DRILLER'S CERTIFICATION Sketch map location must agree with written location. I/We certify that all minimum well construction standards were H Subdivision Name complied with at the time the rig was removed. Burns Well Drilling, Inc. I w E Firm Name Firm No. OX �0 3 Lot No._ �Block No. Addre �� s County 14/E'7_i6�riiY r Address of Well Site t' Signed by Drilling Supervisor (give at least name of load) and r T. Zr -5'Sr S ^ (Operator) r s6la� '('ruo� �L /4 A4Z/4 Sec. R. E ❑or W 1211 (It different than the Drilling Supervisor) USE ADDITIONAL SHEETS IF NECESSARY-FORWARD THE WHITE COPY TO THE DEPARTMENT 0 LO 0 in a O O o ooco yO O O O Z Z Z Z d = = U W cn Z = U cn U) < OmWWm ma a =LL Q = W W = U cn cn cn cn m O F- m U W m m m O F- N m Ir O co - 2 O m LL O O coma 0 N U i U U_ > U co W W W 0 0 OU 0 5 5 5 5 N D O O m Z Z Z Z U D 5 5 5 00 O O 0 M m X M U7 00 a 0 > r N CD O O Q O O M d rO T IA O � LO O 001 N � N a` � ao rn rn L In O V r, M O O n Ln > > > > j Ill U) ¢ ¢ a m z CO z cn N N r N N M yuc co U 8 A A N G7 N (o am u 'E E m O uNi a a o 0 0 0 0 CD `m a� d a� Z Z Z Z Z a` � M M M M M v r` m oo W m ao W m 0o W co n m oo m oo v r� o0 m 0 N Z t C'1 = N = O f•1 = = T O C7 N Q CO CD t0 V m ld tD tD m (D V m tD (0 (D m tD tti f0 CO t0 (D � a) � n r 117 1� n n ID n n n n n 4 n r In En In LO In In > >In LO I In In > In In to > In uO In In In In m o0 00 00 0o Oa Oa oo ao oo 0o Oa o0 0o Ib Oa oo Oa m o0 00 00 00 nFcFvVED JAN 0 4 2011 DEPARTMENT OF STATE OF IDAHO FOR OFFICE USE ONLY CATER RESOURCES DEPARTMENT OF WATER RESOURCES Amt.of Fee$: !.- Receipt No. STATEMENT OF COMPLETION Receipt By: FOR SUBMITTING PROOF OF BENEFICIAL USE Date Receipted: ! O/ The Idaho Department of Water Resources considers this form a statement by the permit holder(s)that development of a water right has been completed and that water has been applied to beneficial use to the extent described below. This form must be accompanied by an examination fee, when necessary, or by a completed Beneficial Use Field Report prepared by a certified water right examiner. Please refer to the instructions and fee schedule for this form. If ownership of the permit has changed,please contact any Department office or visit the Department's website at: www.idwr.idaho.ciovfor an Assignment of Permit form. If you wish to relinquish your permit because you have not established the authorized use of the water and are not applying for an extension, please notify the Department in writing. 1. Permit No.: <g!�_ �Kl g' T_ Telephone No.: g Qg— P I� - 11 2. Name of Permit Holder(s): _S lIJ $C tAj6. Q Q CA LA 57C4KUl3 QAN C44 14 44C 3. Mailing Address: 14 V b City: . State: '-T-0 Zip: Zia L Email: Sckr lt_ ,v-e^C)�_ F ry11,rr`0 W ow ctS 1 • c7M 4. Source of Water: OLaj a If GROUND WATER(well), Date Drilled: mo.(r /yr. 077 Well Driller: &)rnS wed.[ 6Tr 11i* Drilling Permit Number: 05 5. Extent of use(s)completed (as authorized by the water right permit): _694S6 Domestic(No. of households): � Stockwater(No. and type of stock): 5 Ca a --A t200 Irrigation (No. of acres): NOOther: �•11 QjLQ�I",q OVA Qrsn-zn }6-S A-3500 Q 1 6. Total rate of diversion or storage volume for which proof is submitted: cfs OR acre-feet. 7. Compliance with a measuring device requirement, lockable controlling device requirement, and/or other conditions of permit: Refer to the approval conditions on your permit and respond accordingly. The Department will not issue a license if permit conditions are not met. Measuring Device: Is a measuring device required? Yes 0No El If yes, has the measuring device been installed? Yes No ❑ Lockable Controlling Device: Is a lockable device required to control the diversion? Yes❑ No If yes, has the lockable device been installed? Yes❑ No _ Other Conditions of Permit: Do the approval conditions on your permit require you to submit additional information in ..connection with your proof of beneficial use? If yes, list the conditions below and attach documents with the required information. Completed? Yes ❑ No ❑ 8. Fee Enclosed: $_ c!50 T See fee schedule on back of the instructions for filing proof of beneficial use. Proofs filed without an appropriate fee,will be considered incomplete. 9. Person to contact to accompany the Department representative during field examination of the water system. Name: 44Ai Rz4 t,0;y{.gy,, A ebtsv p= T� Telephone Number: .2B'9- 9'4 Mailing Address: 1619S \119T MO City: L_(.t2fZ}77ef-0 State:_7 Zip: n1sQ_1 Email: kabbS 2 ! i*m LugVC�C�C� The information given on this form is my true statement of the extent to which the above numbered permit has been developed and water has been diverted and applied to a beneficial use. I understand that any undeveloped portion of the permit is relinquished to the State of Idaho. Signature of permit holder: � I t_O Date: G!O (Includb your title,if on behalf f ompany or organization) Mail to: Idaho Department of Water Resources,PO Box 83720,Boise,ID 83720-0098 Form No.217 11/09 B 9 p 1 c v I N _ m O U — o O O 00 CD N CD W 00 CL vc (D c C N 03 C� Wd � i oo y � 0a CD CD allSID ►'! 91 0 ?: � 0 0 O r r n o� a U 0 G CD v 00 <� N � N N A O Oj O fD <_ O O f cn C a wCD r D r S N C N Z Q d m yCD N p� A � n C � m D / w F.s w 0 W O C O O Vein � I O O O O O A\ TJ c N w 00 o N o tA �. �_ s w — O � CC � C C CD a O HOC O x » s CDO O :: co s o Z CD o' a h� m N N C"7 lJ' O O V CD V � N 0 (D C CD O CD a z 3 N O w C o m 5. D 3 v - o r CD � N D N N CD r n a N y I N Z CD L U ? Ill to co C � _a C � w w .w. N 0 ? O to U to O n C O O O O CD STATE OF IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY 1118 F Street Lewiston,Idaho 83501 (208)799-4370 Brad Little,Governor www.deq.idaho.gov John H.Tippets,Director July 6, 2020 Bill Hobbs 1065 Harvest Moon Lane Lewiston, ID 83501 Subject: Sanitary Survey—Red Pheasant Water Company, PWS #: ID2350040 Dear Mr. Hobbs: On June 18, 2020, the Idaho Department of Environmental Quality(DEQ) conducted a sanitary survey of the public drinking water system. Enclosed is the report that summarizes the findings of the sanitary survey. Action Required: None Thank you for your time and assistance during the inspection. Please contact DEQ at (208) 799-4370 or by email at Justin.Walker&deq.idaho. og_v to discuss the deficiencies identified in the inspection report. Sincerely, �U lustin Walker Drinking Water Analyst c: Michael Camin, DEQ 2009ABM4994 Idaho Department of Environmental Lewiston Regional Office Quality 1118 "F"St. %'ZZM� Lewiston, ID 83402 DrinkingWater • • System: Red Pheasant Water Co. LLC Survey Date: June 18, 2020 PWS No.: ID2350040 Inspected By: Justin Walker County: Nez Perce Sources: 3 Wells System Type: Community Population/ 370 people/150 Connections: connections This report summarizes the findings of the sanitary survey of the Red Pheasant public drinking water system conducted on June 18, 2020 by the Idaho Department of Environmental Quality (DEQ). Following this summary are lists of deficiencies and recommended improvements for the public drinking water system. The following people were present during the sanitary survey in addition to the inspector: • Bill Hobbs- Operator/Administrative Contact • Hannah Erickson, DEQ Previous Sanitary Survey Notes A sanitary survey was conducted on November 1, 2011 by DEQ which listed the following significant deficiencies: • Well vents were not provided for Well#1 or Well#2. Due to the characteristics of these wells, DEQ determined well vents would not be required(EDMS 2012ACA1033). Survey Summary Red Pheasant is privately owned by Red Pheasant Holdings, LLC. Red Pheasant(ID2350040) is a community public water system located in Lewiston, ID in Nez Perce County and provides drinking water to 370 people through 115 service connections. Red Pheasant provides drinking water through use of three groundwater wells, three storage reservoirs, and three pump houses. Water is pumped from the wells to the two storage reservoirs and then boosted from the reservoirs to distribution. A SCADA system is provided that constantly monitors the wells and the reservoirs. 1 Drinking Water System Sanitary Survey Report There have been major modifications since the last survey. A new 400k gallon storage reservoir was installed in 2019, the third well is online, and a pump house for well 3 was constructed. Source Well#1 (Tag#E0006983) is located near the storage reservoirs at the end of Red Pheasant Blvd. Well#1 was drilled in July 1994 to a depth of 1053 feet below ground surface (bgs) and provided with telescoping 10, eight(8), and six (6)-inch casing to 1043 feet bgs. The well casing is perforated between 980 and 1043 feet bgs. A bentonite surface seal was provided to 18 feet bgs. A Franklin Electric 50 horsepower(hp) submersible pump with a pumping capacity of 175 gallons per minute (gpm) is provided. At the time of inspection, the static water level was 635 feet bgs. The well is located outside with a pitless adapter connected to a nearby pump house which houses all the necessary piping and appurtenances. A well vent has been determined to be unnecessary due to the construction and depth of the well. A sanitary cap is provided that precludes unauthorized access and surface water intrusion. A smooth nosed sample tap is provided and flow and pressure are constantly monitored by SCADA. Pump to waste appurtenances are also provided. The pump house is kept clean and in good repair. Adequate lighting, heating, and ventilation are provided. Well#2 (Tag#E0005583) is located north of Well#1 at the end of Red Pheasant Blvd. Well#2 was drilled in 2001 to a depth of 960 feet bgs and provided with telescoping 10, eight(8), and six (6)-inch casing to 855 feet bgs. A bentonite surface seal was provided to 391 feet bgs. A Franklin Electric 60 hp submersible pump with a pumping capacity of 195 gpm is provided. The well is located outside with a pitless adapter connected to a nearby pump house which houses all the necessary piping and appurtenances. A well vent has been determined to be unnecessary due to the construction and depth of the well. A sanitary cap is provided that precludes unauthorized access and surface water intrusion. A smooth nosed sample tap is provided and flow and pressure are constantly monitored by SCADA. Pump to waste appurtenances are also provided. The pump house is kept clean and in good repair. Adequate lighting, heating, and ventilation are provided. Well#3 is located west of Well#2. Well#3 was drilled in October 2008 to a depth of 1200 feet bgs and provided with telescoping 20, 16, and 14-inch casing to 850 feet bgs. A bentonite surface seal was provided to 470 feet bgs. At the time of drilling, static water level was 600 feet bgs. The well is is located outside with a pitless adapter connected to a nearby pump house which houses all the necessary piping and appurtenances. A well is vented, and a sanitary cap is provided that precludes unauthorized access and surface water intrusion. A smooth nosed sample tap is provided and flow and pressure are constantly monitored by SCADA. Pump to waste appurtenances are also provided. The pump house is kept clean and in good repair. Adequate lighting, heating, and ventilation are provided. 2 Drinking Water System Sanitary Survey Report In each pump house, the well delivery pipe enters through the floor. Water flows past a check valve, a smooth nosed sample tap, pressure relief valve, a pressure gauge, and pressure transducer. There is a large pressure tank in pump house 1 that is fitted with an isolation valve. Valves are installed to allow the water to be pumped to waste via an approved air gap. The pump to waste lines for well 2 and well 3 need splash pads to prevent further erosion(see recommendations 1 and 2). Treatment Due to persistent total coliform presence at Red Pheasant, DEQ required installation of disinfection. Three (3) identical post-hypochlorination treatment systems are installed; one on each well. Sodium hypochlorite 12.5% is injected into the well discharge piping through a LMI Roytronic metering pump using flooded suction from the day tank. All components are within a double walled containment box to prevent spills. Backflow prevention is provided at the pump as well as at the point of injection. Smooth nosed sample taps are provided prior to and after treatment. The day tanks are not provided with venting to the outside atmosphere (see deficiency 3). There are exhaust fans installed above the chlorine tanks in each pump house, and the operator stated he runs them 24/7. Flow sensing devices are provided as well as means to determine chemical feed rates. Chlorine residuals are analyzed onsite by SCADA and are recorded with all total coliform samples. Finished Water Storage Finished water storage is provided by two (2) storage reservoirs with a total combined capacity of 600,000 gallons. The bolted steel reservoirs are located at the end of Red Pheasant Blvd next to Well#1. The reservoirs are hydraulically connected and water is boosted from the reservoirs to distribution. The tops of the reservoirs were not inspected so the current condition of the vents and access manholes are unknown. The Storage Reservoir#1 (ID#12692)was constructed in 1995 and has an approved design capacity of 64,000 gallons. This ground-level steel reservoir was last cleaned and inspected in 2014 and water level is measured through a transducer that transmits to the SCADA system. An external float gauge is provided as well. An overflow is provided that discharges over a drainage grate that sends water to a nearby field. The Storage Reservoir#2 (ID#13228)was constructed in 2007 and has an approved design capacity of 136,000 gallons. This ground-level steel reservoir was last cleaned and inspected in 2014 and water level is measured through a transducer that transmits to the SCADA system. An external float gauge is provided as well. An overflow is provided that discharges over a drainage grate that sends water to a nearby field. The Storage Reservoir#3 was constructed in 2019 and has an approved design capacity of 400,000 gallons. The water level is measured through a transducer that transmits to SCADA. A screened overflow and drain is provided. 3 Drinking Water System Sanitary Survey Report Distribution Red Pheasant serves approximately 370 people through 115 metered connections. There are 29 fire hydrants that are located on six (6)-inch mains. Valves are exercised on an annual basis and dead end mains are flushed semi-annually. Most of the distribution system is looped to prevent dead end mains. The distribution system consists of C900 PVC pipe with pipes ranging in size from six (6)to 12-inches in diameter. Pressure is maintained throughout the distribution system by boosters and one (1)hydropneumatic tank. The Well#1 booster station is located in the Well #1 pump house and is comprised of four(4) Baldor vertical turbine 20 hp pumps. Pressure gauges are provided before and after the booster pumps. A separate flow meter is not provided and has been deemed unnecessary. A Well X-Trol 528 gallon hydropneumatic tank is connected to the booster station to minimize pump damage. A back up booster station is available in a separate building near the Well#1 booster station. An emergency intertie is provided with neighboring Eagles Pointe Subdivision public water system(PWS#: ID2350038). This intertie has been used once to provide water to Eagles Pointe. Pumping, Pumps, and Motors The water system's well pumps deliver water to the storage tanks. From there, four booster pumps provide pressure to the distribution system from the pump house. All pumps are equipped with an accessible check valve, flow meter, and a pressure relief valve. The booster pumps have an automatic cut-off that activates when the intake pressure of the booster of the booster falls below 5 psi. The pump houses are secure from unauthorized entry and are kept clean and in good repair. They are adequately heated and have floor drains. The system has a new diesel generator onsite. Monitoring, Reporting and Data Verification Red Pheasant is current with all required monitoring and reporting, per the Idaho Rules. This includes monthly total coliform (TC)bacteria sampling and chemical sampling. All sampling records and records pertaining to the water system are maintained at Mr. Hobbs home. The system has a total coliform sample siting plan that needs to be updated (see deficiency 1). The written plan and map of the distribution must be updated to reflect new sampling requirements in accordance with the revised total coliform rule, and future monthly sampling must be collected as described in the sampling plan. 4 Drinking Water System Sanitary Survey Report System Management Operation and Operator Red Pheasant is classified as a Very Small Water System(VSWS). Bill Hobbs is the responsible charge operator and is licensed as a Distribution 1 operator. Ron Cooper is the backup operator and is licensed as a Distribution 4 operator. Mr. Hobbs makes management decisions for the capital improvements and financial decisions for the water system. The water system is current with the payment of drinking water fees and charges a user fee of$16.50 per month plus $1.30 per 100 cubic feet of water used. A Cross Connection Control Program was not available during the survey(see deficiency 2). 5 Drinking Water System Sanitary Survey Report Deficiencies Any deviation from IDAPA 58.08.01 Idaho Rules for Public Drinking Water Systems that is not deemed a health threat or significant deficiency. Deficiencies are often,but not always, due to rule changes after construction of a public water system. No corrective action is required at this time. Future modifications to the water system may require correction of the following deficiencies: Managerial l. The system owner does not have a current written sample siting plan that meets RTCR requirements (40 CFR 141.853.a). An RTCR sample siting plan needs to be developed and/or implemented. 2. The PWS owner/operator has not implemented a cross connection control program that includes the minimum requirements (IDAPA 58.01.08.552.06). A cross connection control program needs to be developed and/or implemented. Treatment Application 3. Vents from chlorinators do not discharge to the outside atmosphere above grade and remote from air intakes (IDAPA 58.01.08.531.02.m). Recommendations Practices that will help the system deliver safe public water. DEQ recommendations reinforce the multi-barrier approach to drinking water safety, which are minimum standards outlined by the regulations. Groundwater Source 1. Well 2 needs a splash pad under the pump to waste line to prevent further erosion. 2. Well 3 needs a splash pad under the pump to waste line to prevent further erosion. 6 Drinking Water System Sanitary Survey Report Significant Deficiency Corrective Action Plan for Red Pheasant PWS#ID2350040 Table 1. Corrective action plan. Significant Deficiency Corrective Action Planned Completion Date Actual Completion Initials(when Date complete) None I certify, to the best of my knowledge that all significant deficiencies have been corrected and meet the requirements pursuant to IDAPA 58.01.08. (***signature when all deficiencies have been corrected, initials after each date when corrected). Signature: Date: 7 Photographic Documentation Name of Facility: Red Pheasant Inspector(s):Justin Walker Inspection Date: Thursday, June 18, 2020 Purpose of Inspection: Routine Inspection Publish Date: Monday 6 July 2020 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant Table of Photographs: Photograph1: welll ...................................................................................................................................................4 Photograph2: reservoir 1...........................................................................................................................................4 Photograph3: overflow..............................................................................................................................................4 Photograph 4: overflow screen..................................................................................................................................4 Photograph5: reservoir 2...........................................................................................................................................5 Photograph6: lock .....................................................................................................................................................5 Photograph7: overflow..............................................................................................................................................5 Photograph8:.............................................................................................................................................................5 Photograph 9: ditch by reservoirs..............................................................................................................................6 Photograph10: generator..........................................................................................................................................6 Photograph11:...........................................................................................................................................................6 Photograph12: water fill up.......................................................................................................................................6 Photograph13: reservoir 3.........................................................................................................................................7 Photograph14: overflow drain ..................................................................................................................................7 Photograph15: pump house 1...................................................................................................................................8 Photograph16: pressure tank....................................................................................................................................8 Photograph17:...........................................................................................................................................................9 Photograph18: shut off .............................................................................................................................................9 Photograph19:........................................................................................................................................................ 10 Photograph20: flow meter..................................................................................................................................... 10 Photograph21: check valve .................................................................................................................................... 11 Photograph22:........................................................................................................................................................ 11 Photograph23: chlorine.......................................................................................................................................... 12 Photograph24:........................................................................................................................................................ 12 Photograph25: sample tap..................................................................................................................................... 13 Photograph26:........................................................................................................................................................ 13 Photograph27: booster pumps............................................................................................................................... 14 Photograph28:........................................................................................................................................................ 14 Photograph29:........................................................................................................................................................ 15 Photograph30:........................................................................................................................................................ 15 Photograph31:........................................................................................................................................................ 15 Photograph32: floor drain...................................................................................................................................... 15 Photograph33:........................................................................................................................................................ 16 Photograph 34: back-up booster station ................................................................................................................ 16 Photograph35: pressure guage .............................................................................................................................. 16 Photograph36:........................................................................................................................................................ 16 Photograph37:........................................................................................................................................................ 17 Photograph38:........................................................................................................................................................ 17 2 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant Photograph 39: back-up booster station ................................................................................................................ 17 Photograph40: pump house 2................................................................................................................................ 17 Photograph41: well 2 ............................................................................................................................................. 18 Photograph42:........................................................................................................................................................ 18 Photograph43:........................................................................................................................................................ 18 Photograph44:........................................................................................................................................................ 18 Photograph45:........................................................................................................................................................ 19 Photograph46:........................................................................................................................................................ 19 Photograph 47: line for excessive pressure ............................................................................................................ 20 Photograph48: pump to waste............................................................................................................................... 20 Photograph49: well 3 ............................................................................................................................................. 21 Photograph50: vent................................................................................................................................................ 21 Photograph 51: pump to waste well 3.................................................................................................................... 22 Photograph52:........................................................................................................................................................ 22 Photograph53: floor drain...................................................................................................................................... 23 Photograph54: pump house 3................................................................................................................................ 23 Photograph55:........................................................................................................................................................ 24 Photograph56: check valve .................................................................................................................................... 24 Photograph57:........................................................................................................................................................ 25 Photograph58: sample tap..................................................................................................................................... 25 3 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant a - 1- Ilk Photograph 2:reservoir 1 `�'t ai4 At, Il. I� A: iSrx Photograph 1:welll .y s Photograph 3:overflow Photograph 4:overflow screen 4 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant Rep C L •• t , r Photograph 5:reservoir 2 Photograph 6:lock J' 00 . 1 1 how*§Wfflaffl 99. 0 Photograph 7:overflow Photograph 8: 5 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant AIL .y 1 l_ Photograph 9:ditch by reservoirs Photograph 10:generator Photograph 11: Photograph 12:water fill up 6 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant ly 1 Photograph 14:overflow drain ` V Photograph 13:reservoir 3 7 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant •R r p Photograph 15:pump house 1 p{ AM• noiu L..DOR•RELIANCE/` c�n Photograph 16:pressure tank 8 i� Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant CERTIFIED BY AMTROL INC. ,� MAWP ®P.S.I. AT °F NIL MDMT18 °F AT®P.S.!. . SER. N0. YEAR BUILT- Photograph 18:shut off �-R �L® - Professional 06118/2.020 09 a32 Tg The Premium l]uality Tank for Gene�a�,�•'s. `: ;'�+�'°� eelinp aNSI;NSF$lan.ale 61 Photograph Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant s Photograph 20:flow meter A Photograph 19: 10 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant M Tit Photograph 21:check valve Oo 0 0° Photograph 22: 11 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant r .. AM! �BU�B Photograph 24: Photograph 23:chlorine 12 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant DIMMED 06:97 y � A i Photograph 25:sample tap Photograph 26: 13 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant • $A. � T I f /IVpUSTlL MOTOR R Q 6ALDOR F ECTRIC CO @ED T SMITH. AR MFG &9 IN 1 � _ HZI PH CODE DES I CLASS Photograph 27:booster pumps PF __ZBLEAT208V A ODE ICA® - 91� Photograph 28: 14 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant l' V ®aaa®ate Photograph 29: ' MEMO 08:91 Photograph 30: �D SODIUM N YPOCHLORITE SOLUTION '~ EPG-�uT OF IDANG ERCHILDREN Photograph 31: Photograph 32:floor drain 15 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant _ _ 1 � ~A9 _.n 6 ter' Photograph 33: Photograph 34:back-up booster station 100 60 ouraure' 140 ' VS, 40 160�� s 20 " 180 i Photograph 35:pressure guage Photograph 36: 16 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant r + r + s. s � s• Photograph 37: '__- w r. Photograph 38- 06/18/2020 0• 46 Photograph 39:back-up booster station Photograph 40:pump house 2 17 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant NO ,. e v t F ' s ¢ 1 ';= `9 e Photograph 41:well 2 Photograph 42: A' Photograph 43: Photograph 44: 18 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant y - r Photograph 46: i '*— -iUM2620 05:00 r Photograph 45: 19 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant 1 i y a Photograph 47:line for excessive pressure Photograph 48:pump to waste 20 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant n Photograph 49:well 3 Photograph 50:vent 21 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant t' Y � a � ? .ram', 12+t �o r.�+K' �,.,,!- .� Aq ♦o... `.. t --e' �;'„wy°ly-^{t�U�;i. �I.fj��L� .. � E� ,�C �.. • J � (t.- - � Photograph 51:pump to waste well 3 Photograph 52: 22 t Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant {- C Photograph • + r �' Photograph 54:pump house 3 23 r 06/�18/2020 �9:59 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant i '! i r�+ Photograph 55: 6 ; 'T'; 060900�0�0 90=00 Photograph 56:check valve 24 Idaho Department of Environmental Quality Photographic Documentation For Red Pheasant Photograph 57: 1. C �0200 1 10 Photograph 58:sample tap 25 State of Idaho DEPARTMENT OF WATER RESOURCES a 322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098 Phone: (208) 287-4800 • Fax: (208) 287-6700 - Web Site: www.idwrAdaho.gov C.L.`BUTCH"OTTER January 7, 2011 Governor GARY SPACKMAN Interim Director STEPHEN SCHAUB RANCH 1065 HARVEST MOON LN LEWISTON, ID 83501 PROOF ACKNOWLEDGEMENT LETTER RE: Permit No. 85-7618 Dear Permit Holder(s): The department acknowledges receipt of the Proof of Beneficial Use form ("proof') and the license examination fee for the above-referenced water right permit. Enclosed is an order that reinstates this permit, since proof and the license examination fee were submitted after the proof deadline. Please note that the priority date for the permit has been advanced to September 1, 1995, as provided in Section 42-218a(2), Idaho Code. The next step in the process of developing a water right is for the department to conduct a field examination to determine and confirm the use being made of the water according to the conditions of the permit. Be advised that Section 42-248, Idaho Code, requires you as the owner of water rights to maintain current ownership and address records on file with the department. For your information, forms to file a change of ownership of a water right, or a change in the address of the water right owner are available from any department office, or from the department's website at: www.idwr.idaho.gov If you have any questions concerning the field examination, please contact the Northern Regional Office of the department in Coeur D' Alene, Idaho at 208-762-2800. Sincerely, Darla Block Technical Records Specialist Enclosures EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER (To be used in connection with actions when a hearing was not held) (Required by Rule of Procedure 730.02) The accompanying order or approved document is a "Preliminary Order" issued by the department pursuant to section 67-5243,Idaho Code. It can and will become a final order without further action of the Department of Water Resources("department")unless a party petitions for reconsideration, files an exception and brief, or requests a hearing as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the department within fourteen(14)days of the service date of this order. Note: the petition must be received by the department within this fourteen (14) day period. The department will act on a petition for reconsideration within twenty-one(21) days of its receipt, or the petition will be considered denied by operation of law. See Section 67-5243(3) Idaho Code. EXCEPTIONS AND BRIEFS Within fourteen (14) days after: (a) the service date of a preliminary order, (b) the service date of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within twenty-one(21)days to grant or deny a petition for reconsideration from this preliminary order, any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding with the Director. Otherwise, this preliminary order will become a final order of the agency. REQUEST FOR HEARING Unless a right to a hearing before the Department or the Water Resource Board is otherwise provided by statute,any person aggrieved by any final decision,determination,order or action of the Director of the Department and who has not previously been afforded an opportunity for a hearing on the matter may request a hearing pursuant to section 42-1701A(3),Idaho Code. A written petition contesting the action of the Director and requesting a hearing shall be filed within fifteen(15)days after receipt of the denial or conditional approval. ORAL ARGUMENT If the Director grants a petition to review the preliminary order,the Director shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard,the Director will within a reasonable time period notify each party of the place,date and hour for the argument of the case. Unless the Director orders otherwise, all oral arguments will be heard in Boise, Idaho. Page 1 Revised July 1,2010 CERTIFICATE OF SERVICE All exceptions, briefs, requests for oral argument and any other matters filed with the Director in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with IDAPA Rules 37.01.01302 and 37,01.01303 (Rules of Procedure 302 and 303). FINAL ORDER The Director will issue a final order within fifty-six(56)days of receipt of the written briefs, oral argument or response to briefs,whichever is later,unless waived by the parties or for good cause shown. The Director may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. The department will serve a copy of the final order on all parties of record. Section 67-5246(5), Idaho Code, provides as follows: Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when: (a) The petition for reconsideration is disposed of; or (b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days. APPEAL OF FINAL ORDER TO DISTRICT COURT Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes final, any party aggrieved by the final order or orders previously issued in this case may appeal the final order and all previously issued orders in this case to district court by filing a petition in the district court of the county in which: i. A hearing was held, ii. The final agency action was taken, Hi. The party seeking review of order resides, or iv. The real property or personal property that was the subject of the agency action is located. The appeal must be filed within twenty-eight(28)days of this preliminary order becoming final. See section 67-5273, Idaho Code. The filing of an appeal to-district court does not itself stay the effectiveness or enforcement of the order under appeal. Page 2 Revised July I,2010 CERTIFICATE OF SERVICE I hereby certify that on January 7, 2011 1 mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER (Preliminary Order Reinstating A Permit)to the person(s) listed below: RE: Water Permit No. 85-7618 STEPHEN SCHAUB RANCH 1065 HARVEST MOON LN LEWISTON, ID 83501 Darla Block Technical Records Specialist 251 B ARTICLES OF ORGANIZATION FILED EFFECTIVE LIMITED LIABILITY COMPANY AUG , 8: t, i '$ (Instructions on back of application) 1. The name of the limited liability company is: Si-ATE OF I, AHO Red Pheasant Holdings, LLC 2. The street address of the initial registered office is: 8101 Red Pheasant Blvd. Lewiston, ID 83501 and the name of the initial registered agent at the above address is: H. William Hobbs 3. The mailing address for future correspondence is: 8101 Red Pheasant Blvd. Lewiston, ID 83501 4. Management of the limited liability company will be vested in: Manager(s) ❑ or Member(s) Q (please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s)and address(es)of at least one initial manager. If management is to be vested in the member(s), list the name(s)and address(es)of at least one initial member. Name Address H. William Hobbs 8101 Red Pheasant Blvd. Lewiston, ID 83501 Danielle Hobbs 8101 Red Pheasant Blvd. Lewiston, ID 83501 Steven Schaub 3526 Rippling Way Laurel, MD 20724 Mary Schaub 3526 Rippling Way Laurel, MD 20724 6. Signature of at least person si le fo forming the limited liability company: Signature: �� 0 Secretary of State use only Typed Name: H. William Hobbs Capacity: Member Signature IAAW SECRETARY OF STATE 0a/26/2004 @5:88 Typed Name: CK: 5789 CT: 2M 8H- 762922 Ca aci ty: a 1 e 169.66 = 166.69 ORGAN LLC 12 p w3z�z3 For11142-248/42-1409(6) Rev.03/13 D9, STATE OFIDAHO DEPARTMENT OF WATER RESOURCES R E C E V E D Notice of Change in Water Right Ownership MAY 19 num. 1. List the numbers of all water rights and/or adjudication claim records to be changed. If you the water right or adjudication claim, check"Yes"in the"Split""column. Water Right/Claim No. Split? Water Right/Claim No. Split? 'I Water Right/Claim No. Split? Yes F-1 Yes El I Yes El Yes E] I Y El Yes El Yes Yes E] Yes f Yes El Yes E] Yes El Yes El —------------- 4 Yes El Yes 1:1❑ Yes E] 2. Previous Owner's Name: lakf) kin(I � Nacre _c e-6 ent .vater rigl t holder/claimant )w I t! LL i C, 3. New Owner(s)/Claimant(s): cm�rl New owners)as listed on the conveyance d cumei Name connector E]and El or El antFor 1065 go(, hane , lel")Ls 0,-i Mailing address C ity State ZIP lzo� -1,7111,0-.29t, '�Pc"e%an-k, ou'rot'glUsIcoon Telephone Entail 4. It-the water rights and/or adjudication claims were split,how did the division occur'? F-1 The water rights or claims were divided as specifically identified in a deed,contract,or other conveyance document. F The water rights or claims were divided proportionately based on the portion oftheir place(s)oruse acquired by the new owner. 5. Date you acquired the water rights and/or claims listed above: 6. Ifthe water right described herein has been rented from the Water Supply Bank, rental proceeds will be disbursed in the 161lowing manner regardless o fany arrangements between the buyerl s)and seller(s)to the contrary: • Rental payments will go to the lessor(s)ofrecord at the beginning ofthe rental season. • Ifa change in ownership is processed by the Department during a rental season, rental payment will be made to the person or entity who is the lessor ofrecord at the beginning ofthat rental season. • New lessor(s)ofrecord will receive payment aller the following rental season. 7. This form must be signed and submitted with the following REQUIRED items: • A copy of the conveyance document- warranty deed, quitclaim deed, court decree, contract of sale, etc. The conveyance document must include a legal description ofthe property or description ofthe water right(s)ifno land is conveyed. • Plat map, survey map or aerial photograph which clearly shows the place of use and point of diversion for each water right and/or claim listed above(ifnecessary to clarify division ofwater rights or complex property descriptions). • Filing fee(see instructions for ffirther explanation): * $25 per undivided water right. * $100 per split water right. * No fee is required for pending adjudication claims. 8. Signature: Sigfia'ture ofnew owner/claimant Title, ifapplicable Date Signature: Signature o t-new owner/claimant Title, ifapplicable Date For IDWR Off ice Use Only: Receipted by czl =-c Date Receipt No. AJ 23 3 0 V3_ Receipt Amt. Approved by Processed by Date State of Idaho Department of Water Resources R E C E 1 V E D Water Right 85-7607 PLAY IRRIGATION IDWFUNORTHI RN The map depicts the place of use for the water use listed above and point(s)of diversion of this right as currently derived from interpretations of the paper records and is used solely for illustrative purposes. Discrepancies between the computer representation and the pemanent document file will be resolved in favor of the actual water right documents in the water right file. 05W 05W zI r rn (01 z r C , SR ( 1 T y i r. z OU Point of Diversion 05W Place Of Use Boundary 0 0.125 0.25 0 5 Miles Townships PLS Sections Quarter Quarters Taxlots [MapN produced on May 13,2014 iA�Nuw, A-TIVU- bZJ70 Filed for Record at Request of.- Red Pheasant Water Company, LLC R E C E I V E D After Recording Mail to: MAY 19 James Browitt Browitt Law Office 1317 Prospect Ave. Lewiston, ID 83501 WATER RIGHT QUIT CLAIM DEED For value received, the Grantor, STEPHEN SCHAUB RANCH does hereby convey, release, remise and forever quit claim to the Grantee, RED PHEASANT WATER COMPANY, LLC, whose current mailing address is 1065 Harvest Moon Lane, Lewiston, ID 83501, all right, title, and interest in and to Water Right 85-07607, which is appurtenant to land situate in the County of Nez Perce, State of Idaho. This right is more particularly described in the State of Idaho Department of Water Resources Water Right License for Water Right 85-07607 dated May 8, 1998, which is attached hereto as Exhibit A. The Grantor convey all appurtenances to Water Right 85-07607, including but not limited to all pipelines, pipeline easements, storage tanks, and other equipment associated with the conveyance of water from the point of diversion to the place of use. /IN WITNESS THEREOF, said Grantor has hereunto set his hand this -day of '2014. H. WILLIAM HOBBS, JR. WATER RIGHT QUIT CLAIM DEED R E C E I V E D STATE OF IDAHO MAY 19 2`3` ss. County of Nez Perce IDWR/NOR On this 64 day of Atd 2014, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared H. WILLIAM HOBBS, JR., known or identified to me to be the persons whose name is subscribed to the within and foregoing instrument and acknowledged to me that they executed the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. N6TARY PUBLIC in d for the State of Idaho Residing at My commission expires i ell r- 1/11111111o10 WATER RIGHT QUIT CLAIM DEED 2 15ROWITT LAW OFFICE JAMEs BRowiTr Arropmy AT LAW R E C E I V E D 2 UO it 4 IDWRAORTHERN fD" Northern Re.g.iolrl 7600 N. Mineral Dr., Ste. 10", Alem , Re: Notice nvf -1 m I- & v, rs 4 f I jS i. r (LI! 8-5-763-! I If M'av cof W%fi xle! a lt th se n,,atrers, I A.i Lj_�_ it; 11— 1 at you dIrec', 'ntt i k'C !-,-Ifn a n I pd i"-lU � ) ,C _ W!'17e- H � 1 on; I-- a!i'lofS-1 ull X,3 0(,l 1, TT 1317 Prospect Avenue Lewiston, ID83501 208.798.9832 e-mail:jbrowitt@browitdaw.com At WRCILOF" NO CE I VEDINDEXED AV 6665894 MAY 19 2011 4, FILMED DELIVERED LIMITED POWER OF ATTORNEY IDWRNORTHEP MAILED k KNOW ALL MEN BY THESE PRESENTS, that I, STEPHEN A. SCHAUB of 3526 Rippling Way, Laurel, Maryland 20724, do make, constitute and appoint DANIELLE SCHAUB HOBBS AND H. WILLIAM HOBBS, JR. , husband and wife or either of them, 8101 Red Pheasant Blvd. , Lewiston, Idaho 83501, as my true and lawful attorney-in-fact, for me and in my name, place and stead in all routine or day-to-day matters pertaining to Schaub Ranch and ,,(the "ranch") located in Nez Perce County, Idaho, as follows : To lease, manage, cultivation, collect rentals or operate any and all ranch real property owned by me or in which I maybe have any interest; and to alter, repair or improve any or all equipment, buildings or structures upon such ranch real property; and to pay for the same out of any moneys belonging to me in the ranch bank account, and to insure the same against loss by fire or other casualties; To deposit any moneys belonging to me from the ralth operation in the appropriate ranch accounts and to withdraw the same and to endorse all checks, drafts, notes and orders payable to me relating to the routine or day-to-day ranch operation and to deposit the same to my account in the appropriate bank; and to sign checks, drafts and orders to arrange and settle all accounts with the bank holding such deposits; To pay any and all debts, claims or obligations owing by me on account of the routine day-to-day operation of the ranch operation including premiums on life, accident, fire or other insurance policies, installments of principal or interest on any mortgages, real estate contracts or any of my obligations out of any moneys belonging to me, as limited above; To employ servants, attorneys at law or other persons which my said attorney-in-fact may deem proper for the management, control, operation or in safeguarding of the ranch operation financial or otherwise, and to pay for the same out of any moneys belonging to me, as limited above; To sign my name and execute and deliver on my behalf all agreements, contracts, notes, releases, satisfactions, acquittances, receipts and checks which may be necessary in the routine or day-to-day operation of the ranch operation; LIMITED POWER OF ATTORNEY--{ PAGEI} To execute vouchers and make, execute and file claims or demands on my behalf of any and all allowances or reimbursements properly payable to me by the United States, the state of Idaho, and to receive, endorse and collect the proceeds of any checks payable to me and drawn on the Treasury of the United States an account of the ranch operation. My attorney-in-fact shall exercise or fail to exercise the powers and authorities granted herein in each case as my agent in his absolute discretion deems desirable or appropriate under existing circumstances. However, nothing herein shall be construed as imposing a duty on my attorney-in-fact to act or assume responsibility for any matters referred to above or other matters even though my attorney-in-fact may have power or authority hereunder to do so. If any power or authority hereby sought to be conferred upon my attorney-in-fact should be invalid or unexercisable for any cause or not recognized by any person or organization dealing with my attorney-in-fact, the remaining powers and authorities given to my attorney-in-fact hereunder shall nevertheless continue in full force and effect_ Thirdparties may rely upon the representations of my agent as to all matters relating to any power granted to my attorney-in- fact, and no person who may act in reliance upon the representations of my attorney-in-fact or the authority granted to my attorney-in-fact shall incur any liability to me or my estate as a result of permitting my attorney-in-fact to exercise any power. This limited power of attorney is executed and delivered in the State of Idaho and the laws of the State of Idaho shall govern all questions as to the validity of this power and as to the construction of its provisions. It is my intent that this limited power of attorney shall remain in full force and effect and that the power granted herein shall continue without interruption until my death unless previously revoked by me. LIMITED POWER OF ATTORNEY--( PAGEa) I - - IN WITNESS WHEREOF, I have hereunto set my hand and my seal on this day of 2001 Va. STEP'IEN A. SCHAUB REC E I ED STATE OF IDAHO ss . County of Nez Perce ) On this c;j 7 71-A day of 2001, before me, the undersigned, a Notary Public in nd for said State, personally appeared STEPHEN A. SCHAUB, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal on the date last above written. M. OTARY P P�UBLICf Idaho. � Residing at NOTARY MyPUBLIC y commission expires 0 !Z�l OF 89q JNSI No L&j_ FILED FOR RECORD' fFE(T/CD I,- -�Z 57_q& r) I ri Z601 JUL 2 1 P 3: 4 q �UW-, PAM 0.WEEKS cau Wj REICORDER.FEZ PERCE CO 10 RT �12,"EPIJTY LIMITED POWER OF ATTORNEY--{ PAGES} Rate increases overtime Rates set approximately in 2008 at$15/month meter charge and a $1.10 per 100 cu. ft. of water used. First rate increase was developed in 2018, after holding back after the financial crisis in the timeframe of 2008-2010. The rates were raised at that time to $16.50/month meter rate plus the consumption rate was raised to$1.30 per 100 cu. ft. of water used. Our proposed increase that we would currently be requesting would be a flat meter charge of$22/month (approximately 33% increase) and a usage charge increase to$2.00 per 100 cu. ft. (an increase of approximately 54%) 3:06 PM Red Pheasant Holdings, LLC 12/27/24 Profit & Loss Prev Year Comparison Accrual Basis January through December 2023 Jan-Dec 23 Jan-Dec 22 $Change %Change Ordinary Income/Expense Income Development maintenance 100.00 0.00 100.00 100.0% Materials Supplied 328.00 500.00 -172.00 -34.4% Refunded Earnest Money 0.00 3,850.00 -3,850.00 -100.0% Water Hookup Fee 0.00 37,050.00 -37,050.00 -100.0% 4040 •Commissions Earned -19.99 -75.00 55.01 73.4% 4060 •Construction 1,000.00 0.00 1,000.00 100.0% 4080• Reimbursed Expenses 11,943.00 31,788.00 -19,845.00 -62.4% 4100•Sales Lot Sale Discount on lot price 0.00 10,000.00 -10,000.00 -100.0% Lot Sale-Other 154,000.00 1,339,000.00 -1,185,000.00 -88.5% Total Lot Sale 154,000.00 1,349,000.00 -1,195,000.00 -88.6% Water Sales 178,707.58 11,297.48 167,410.10 1,481.8% 4100•Sales-Other -1,526.07 0.00 -1,526.07 -100.0% Total 4100•Sales 331,181.51 1,360,297.48 -1,029,115.97 -75.7% Total Income 344,532.52 1,433,410.48 -1,088,877.96 -76.0% Cost of Goods Sold Lot Sale Costs Closing Costs 612.00 2,382.42 -1,770.42 -74.3% Real Estate Commissions 7,700.00 66,950.00 -59,250.00 -88.5% Title Insurance 843.00 7,067.00 -6,224.00 -88.1% Total Lot Sale Costs 9,155.00 76,399.42 -67,244.42 -88.0% Total COGS 9,155.00 76,399.42 -67,244.42 -88.0% Gross Profit 335,377.52 1,357,011.06 -1,021,633.54 -75.3% Expense Advertising 2,981.25 3,962.50 -981.25 -24.8% Chlorine 1,150.88 917.48 233.40 25.4% Computer Expense 838.22 2,052.06 -1,213.84 -59.2% Donation 1,090.00 595.02 494.98 83.2% Equipment Maintenance 0.00 2,781.97 -2,781.97 -100.0% Loan cost 0.00 1,010.00 -1,010.00 -100.0% Payment Processing Fee 2,208.16 0.00 2,208.16 100.0% Service Fee 0.00 17.25 -17.25 -100.0% Supplies 1,307.34 159.98 1,147.36 717.2% Tank Lease 37,504.92 37,504.92 0.00 0.0% Water Infastructure Water Meter 190.28 0.00 190.28 100.0% Water Supplies 78.48 8,829.96 -8,751.48 -99.1% Total Water Infastructure 268.76 8,829.96 -8,561.20 -97.0% Water Testing Bacterial Water Testing 0.00 250.00 -250.00 -100.0% Water Testing-Other 7,904.00 1,565.00 6,339.00 405.1% Total Water Testing 7,904.00 1,815.00 6,089.00 335.5% 6110•Automobile Expense 9,366.43 17,478.02 -8,111.59 -46.4% 6120•Bank Service Charges 184.00 4,958.55 -4,774.55 -96.3% 6160• Dues and Subscripti... 6,316.52 3,570.46 2,746.06 76.9% 6170•Equipment Rental 0.00 96.00 -96.00 -100.0% 6180• Insurance 6185• Liability Insurance 307.50 -98.00 405.50 413.8% 6180 • Insurance-Other 14,043.05 4,387.00 9,656.05 220.1% Total 6180• Insurance 14,350.55 4,289.00 10,061.55 234.6% Pagel 3:06 PM Red Pheasant Holdings, LLC 12/27/24 Profit & Loss Prev Year Comparison Accrual Basis January through December 2023 Jan-Dec 23 Jan-Dec 22 $Change %Change 6200• Interest Expense 6210•Finance Charge 0.00 4.60 -4.60 -100.0% 6220• Loan Interest 0.00 3,871.45 -3,871.45 -100.0% Total 6200• Interest Expense 0.00 3,876.05 -3,876.05 -100.0% 6230• Licenses and Permits 96.90 735.00 -638.10 -86.8% 6240-Miscellaneous 603.47 8,789.48 -8,186.01 -93.1% 6250• Postage and Delivery 450.00 150.00 300.00 200.0% 6270•Professional Fees 6280• Legal Fees 812.00 10,107.00 -9,295.00 -92.0% 6650•Accounting 0.00 3,552.50 -3,552.50 -100.0% Total 6270- Professional Fe... 812.00 13,659.50 -12,847.50 -94.1% 6300• Repairs Irrigation repairs 342.93 0.00 342.93 100.0% 6310•Building Repairs 331.10 0.00 331.10 100.0% 6320•Computer Repairs 1,750.00 0.00 1,750.00 100.0% 6330• Equipment Repairs 40,671.62 9,132.65 31,538.97 345.3% Total 6300• Repairs 43,095.65 9,132.65 33,963.00 371.9% 6340•Telephone and Internet 5,275.80 8,189.47 -2,913.67 -35.6% 6347 • Fuel 2,519.37 9.250.00 -6,730.63 -72.8% 6350•Travel&Ent 6370 •Meals 0.00 253.00 -253.00 -100.0% 6350•Travel&Ent-Other 0.00 246.36 -246.36 -100.0% Total 6350•Travel&Ent 0.00 499.36 -499.36 -100.0% 6390- Utilities 6400•Gas and Electric 36,065.32 29,803.76 6,261.56 21.0% Total 6390• Utilities 36,065.32 29,803.76 6,261.56 21.0% 6520•Job Materials 0.00 10,810.51 -10,810.51 -100.0% 6650•Office Supplies 3,385.10 9,336.32 -5,951.22 -63.7% 6820 •Taxes 6830 Federal 0.00 12,667.48 -12,667.48 -100.0% 6850 Property 2,582.36 29,302.17 -26,719.81 -91.2% 6860•State 0.00 12,151.99 -12,151.99 -100.0% Total 6820•Taxes 2,582.36 54,121.64 -51,539.28 -95.2% 6935-Tools and Machinery 242.20 26,223.93 -25,981.73 -99.1% Total Expense 180,599.20 274,615.84 -94,016.64 -34.2% Net Ordinary Income 154,778.32 1,082,395.22 -927,616.90 -85.7% Net Income 154,778.32 1,082,395.22 -927,616.90 -86.7% Page 2 3:07 PM Red Pheasant Holdings, LLC 12/27/24 Profit & Loss Prev Year Comparison Accrual Basis January through December 2024 Jan-Dec 24 Jan-Dec 23 $Change %Change Ordinary Income/Expense Income Development maintenance 0.00 100.00 -100.00 -100.0% Materials Supplied 0.00 328.00 -328.00 -100.0% 4040 •Commissions Earned 0.00 -19.99 19.99 100.0% 4060•Construction 0.00 1,000.00 -1,000.00 -100.0% 4080 •Reimbursed Expenses 5,308.00 11,943.00 -6,635.00 -55.6% 4100•Sales Lot Sale 0.00 154,000.00 -154,000.00 -100.0% Water Sales 179,968.45 178,707.58 1,260.87 0.7% 4100•Sales-Other 0.00 -1,526.07 1,526.07 100.0% Total 4100•Sales 179,968.45 331,181.51 -151,213.06 -45.7% Total Income 185,276.45 344,532.52 -159,256.07 -46.2% Cost of Goods Sold Lot Sale Costs Closing Costs 0.00 612.00 -612.00 -100.0% Real Estate Commissions 0.00 7,700.00 -7,700.00 -100.0% Title Insurance 0.00 843.00 -843.00 -100.0% Total Lot Sale Costs 0.00 9,155.00 -9,155.00 -100.0% Total COGS 0.00 9,155.00 -9,155.00 -100.0% Gross Profit 185,276.45 335,377.52 -150,101.07 -44.8% Expense Advertising 3,610.00 2,981.25 628.75 21.1% Chlorine 0.00 1,150.88 -1,150.88 -100.0% Computer Expense Software Update 754.84 0.00 754.84 100.0% Computer Expense-Other 1,857.75 838.22 1,019.53 121.6% Total Computer Expense 2,612.59 838.22 1,774.37 211.7% Donation 0.00 1,090.00 -1,090.00 -100.0% Payment Processing Fee 3,019.69 2,208.16 811.53 36.8% Supplies 968.23 1,307.34 -339.11 -25.9% Tank Lease 37,504.92 37,504.92 0.00 0.0% Water Infastructure Water Meter 0.00 190.28 -190.28 -100.0% Water Supplies 0.00 78.48 -78.48 -100.0% Total Water Infastructure 0.00 268.76 -268.76 -100.0% Water Testing Bacterial Water Testing 582.00 0.00 582.00 100.0% Water Testing-Other 2,445.00 7,904.00 -5,459.00 -69.1% Total Water Testing 3,027.00 7,904.00 -4,877.00 -61.7% 6110 -Automobile Expense 6,154.39 9,366.43 -3,212.04 -34.3% 6120• Bank Service Charges 40.00 184.00 -144.00 -78.3% 6160• Dues and Subscripti... 5,293.52 6,316.52 -1,023.00 -16.2% 6180•Insurance 6185• Liability Insurance 0.00 307.50 -307.50 -100.0% 6180• Insurance-Other 17,677.00 14,043.05 3,633.95 25.9% Total 6180• Insurance 17,677.00 14,350.55 3,326.45 23.2% 6200• Interest Expense 6210• Finance Charge 503.44 0.00 503.44 100.0% Total 6200• Interest Expense 503.44 0.00 503.44 100.0% Pagel 3:07 PM Red Pheasant Holdings, LLC 12/27/24 Profit & Loss Prev Year Comparison Accrual Basis January through December 2024 Jan-Dec 24 Jan-Dec 23 $Change %Change 6230 • Licenses and Permits 31.75 96.90 -65.15 -67.2% 6240•Miscellaneous 956.53 603.47 353.06 58.5% 6250 • Postage and Delivery 400.00 450.00 -50.00 -11.1% 6270• Professional Fees 6280• Legal Fees 0.00 812.00 -812.00 -100.0% 6660•Accounting 3,980.00 0.00 3,980.00 100.0% Total 6270• Professional Fe... 3,980.00 812.00 3,168.00 390.2% 6300• Repairs Irrigation repairs 20.51 342.93 -322.42 -94.0% 6310• Building Repairs 591.37 331.10 260.27 78.6% 6320 •Computer Repairs 3,240.23 1,750.00 1,490.23 85.2% 6330• Equipment Repairs 29,854.35 40,671.62 -10,817.27 -26.6% Total 6300• Repairs 33,706.46 43,095.65 -9,389.19 -21.8% 6340-Telephone and Internet 2,020.75 5,275.80 -3,255.05 -61.7% 6347• Fuel 814.50 2,519.37 -1,704.87 -67.7% 6390 • Utilities 6400•Gas and Electric 42,098A0 36,065.32 6,033.08 16.7% Total 6390 • Utilities 42,098.40 36,065.32 6,033.08 16.7% 6550•Office Supplies 1,759.68 3,385.10 -1,625.42 -48.0% 6820•Taxes 6850• Property 0.00 2,582.36 -2,582.36 -100.0% 6860•State 2,659.05 0.00 2,659.05 100.0% Total 6820•Taxes 2,659.05 2,582.36 76.69 3.0% 6935•Tools and Machinery 33.90 242.20 -208.30 -86.0% Total Expense 168,871.80 180,599.20 -11,727.40 -6.5% Net Ordinary Income 16,404.65 154,778.32 -138,373.67 -89.4% Other Income/Expense Other Income credits and returns 3,981.00 0.00 3,981.00 100.0% Total Other Income 3,981.00 0.00 3,981.00 100.0% Other Expense 8010•Other Expenses 214.15 0.00 214.15 100.0% Total Other Expense 214.15 0.00 214.15 100.0% Net Other Income 3,766.85 0.00 3,766.85 100.0% Net Income 20,171.50 154,778.32 -134,606.82 -87.0% Page 2 BEFORE THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF IDAHO IN THE MATTER OF PERMIT ) NO. 85-7618 IN THE NAME OF ) PRELIMINARY ORDER STEPHEN SCHAUB RANCH ) REINSTATING A PERMIT This matter having come before the Idaho Department of Water Resources ("Department"), the Department makes the following Findings of Fact, Conclusions of Law and Order: FINDINGS OF FACT 1. On October 19, 1995, the Department issued the above-captioned permit in the name of Steve St Clair, with the condition that proof of construction of works and application of water to beneficial use (proof of beneficial use) be submitted to the Department on or before November 1, 2000. The permit bore the priority date of June 29, 1995. 2. On February 4, 1999, the permit holder filed an assignment of permit to change the ownership of this permit into the name of Stephen Schaub Ranch. 3. On August 31, 2000, the Department notified the permit holder that proof of beneficial use was due and instructed the permit holder of the steps to be taken to submit the proof or a Request for Extension of Time ("extension request"). 4. On October 26, 2000, the permit holder filed an extension request with the department. This extension was approved and granted based on due diligence or good cause. A proof of beneficial use deadline of November 1, 2001 was set. 5. On December 16, 2004, the Department issued an Order Changing Proof Due Date because of Department failure to enter the proof due deadline in its database. A new proof due date of March 1, 2005 was set to give the permit holder time to file their proof of beneficial use. 6. On December 31, 2004, the Department notified the permit holder that proof of beneficial use was due and instructed the permit holder of the steps to be taken to submit the proof or a Request for Extension of Time ("extension request"). 7. On March 1, 2005, the permit holder filed an extension request with the department. This extension was approved and granted based on due diligence or good cause. A proof of beneficial use deadline of November 1, 2010 was set. 8. On August 31, 2010,the Department notified the permit holder that proof of beneficial use was due and instructed the permit holder of the steps to be taken to submit the proof or a Request for Extension of Time ("extension request"). 9. On November 1, 2010, the permit lapsed since the Department had not received an acceptable proof of beneficial use statement or request for extension of time. 10. On January 4, 2011, the permit holder filed a Statement of Completion for submitting proof of beneficial use. CONCLUSIONS OF LAW Section 42-218a,Idaho Code,provides that the Department may reinstate a permit upon a showing of reasonable cause by the permit holder within sixty days of the date of notice of lapsing. The permit holder has provided a reasonable showing why this permit should be reinstated, by submitting an acceptable proof of beneficial use. The permit shall be reinstated based upon the January 4, 2011 filing date. ORDER IT IS HEREBY ORDERED that Permit No. 85-7618 is REINSTATED and the permit's priority date is advanced to September 1, 1995. DATED this 7th day of January, 2011. Jeff Peppersack, Chief Water Allocation Bureau Red Pheasant Water Company, LLC 11 1065 Harvest Moon Ln. Lewiston, ID 83501 208-790-2543 redpheasantwater@gmail.com Water System Update-9/22/2019 Everything this summer has went smoothly, up until the power surge on Monday morning, the 161h of September. We had a strong power surge that hit at 2:56 AM last Monday. This was caused by an old-style lightning arrestor on the lines that feed the water system located on the poles at Eagles Pointe Blvd and Flyby Dr. in the Eagles Pointe Subdivision. The apparatus, or a component of the apparatus, fell across 2 legs of the 3 phase power causing a huge electrical surge that burned the wires off the pole near the fire station, and caused 2 grass fires. Usually the generator will switch over to run the water system when something like this occurs, but the surge went through the transfer switch and took out the ECM on the generator, which I wasn't able to override and keep the system online. The Caterpillar emergency service rep was on scene at approximately 6:00 and had parts coming by 7:00. About 7:03 Avista had made the repairs and the system was functioning normally, except for the generator. 4.1 Electric and TPM Pumps were on location when the power was restored to verify there was no damage to pumps or electric controls. Thankfully there was no further damage. At 6:15PM on Monday evening, the repairs were made to the generator and it is back online. The generator goes through an exercise every Tuesday at approximately 1:OOPM to make sure everything functions correctly. We also have it serviced yearly by Caterpillar as well as load tested to make sure it is functioning correctly. This was a rare occasion that the surge got through the transfer switch and took out the ECM. I will be doing some inquiries to see if there is a way to ensure this doesn't happen again. We are continuing the construction on the new reservoir. Well 3 has been utilized all year and it is operating flawlessly. It is pumping 450-465 gallons per minute into the reservoirs when running. All well pumping cycles are controlled by our SCADA system, which activates wells on need or rotation every 72 hours. We have added a payment drop box on Red Pheasant Blvd at the trailhead. This is on the south side of the road between Wheatlands Ave. and Paddock Ln. It is clearly marked and is to the west side of the Cluster Box Unit for mail. Please utilize this when you can, as it takes two days off of the mail delivery cycle, as well as saves $.50 for a stamp We are starting to have issues with people trying to capitalize on the 2% early pay discount while trying to capture the discounts for overdue balances or having them get delivered 3-5 days past the 10 day cutoff. Hopefully the drop box will eliminate this issue. For the ones that use BillPay or similar electronic services, usually your check will be dated the day that you have authorized your payment for. Many times, we will receive one or two envelopes of checks from these companies with multiple checks inside. Again, these checks are dated as to when the payments are dictated to be made, so I can calculate the early pay discount from that. If you need further clarification, please contact me and I can break the details down further. I hope everyone has a great fall and please contact me if you have questions or concerns. Thanks, Bill Hobbs - Drinking Water Distribution Operator Class 1 Red Pheasant Water Company 1065 Harvest Moon Ln. Lewiston, ID 83501 208-790-2543 redo heasantwater(cDgmaiLcom Red Pheasant Water System Update --- Feb 2023 Greetings everyone. Sorry for the delay in getting updates, and more importantly, water bills out in a timely manner. We have been under pressure on many time sensitive projects, as well as upgrades and repairs, which have been severely hindered by shortages of materials and labor. At this time, we are starting to pick up on billing where we left off. The bills will be staggered with high usage months being billed on a monthly basis, and lower usage months being billed on bi monthly, quarterly schedules, and one quad month billing period as our reading schedules allow. There is always a chance of non-reading months happening in winter, due to weather. Some have asked for different billing options whether it is to the current time frame, as described above or for larger billing periods, etc. I am more than happy to work with you on whatever payment schedule would fit your needs best. At this time we have approximately 90 meters switched over to the automatic system. This is a significant help in time savings and data entry, but unfortunately, meters are almost a year out on delivery to complete the total switchover. We still have approximately 15-20 meters on hand that we are switching out as some of the older meters fail, so those meters will be slowly installed on non-emergent basis. We will always keep some on hand for replacements, as needed. As most of you know, we are dealing with the issue of the VFD failure. The VFD, or variable frequency drive, is the brain for the main booster pumps. The main booster pumps consist of 4-20hp pumps which this controller directs. We started to get some indication that this drive system was faulting in early September and we had a replacement specified and ordered by the end of September. The ship date at that time was January 4th. We had total failure on January 171h and the updated ship time was rescheduled until February 24th. As of this morning the company says the 24th is still what they are being told. We will keep our fingers crossed. Some of you have asked about keeping a replacement for this, unfortunately it is not feasible to do so, as it is a computer base part, so it would be obsolete in 7 years and the cost of this replacement part is over $40,000. We do keep spare motors and pump parts that don't change with technology, but not computer related parts. The main issue that I do not like is that we don't have the backup generator supply to the backup booster station. This means that during any power failure within the community and we lose all water pressure. I have made arrangements if something like this does happen, between LOID, Lewiston, and our valley fire departments, that we will be able to secure water for fire suppression efforts. This isn't an issue unless power is lost though. The improvements that we made, and completed this fall, with our reservoir 3 is Page 1 of 4 that we will be able to add an addition onto our current main building and are all ready to bolt in another BoosterpaQ booster pump system for more redundancy in our system. This past year we have replaced the smaller backup booster pump, with minor modifications. We have added venting to our buildings at the request of IDEA for chlorine storage. We reroofed two of our pumphouses. We continue to monitor our water sampling as directed by IDEA. The Public Utilities Commission (PUC) contacted us and are going to be the regulatory agency setting our rates from here out. This entails me getting over 25 years of data pulled together for them to review, create schedules, etc to determine the rates. Unfortunately, we were the first of a handful of systems in this region to be contacted for this. Attached to this mailing is a new contact information sheet that I would like to have on file for everyone. I need this to build an emergency contact information list to be able to contact you if a catastrophic event happens and to know what your billing preferences are. Please fill this out, it will not be shared with anyone or any entity. With the rising rates of postage, I would encourage you to utilize the payment drop box if you are sending checks or correspondences. This box is located on Red Pheasant Blvd next to the trailhead. As always, electronic options are available too. I am running at about SO% of my current ability, as I have lost a majority of the vision in my right eye and will need surgery to correct, hopefully before summer. Please feel free to reach out to me with any questions or issues. We can explain things in more detail or make arrangements as necessary. Below is a breakdown of the payment schedule as it will be implemented. Again, you can pay more towards the balances owed and it will show on your statements. We should have everyone back to the normal billing schedules by the middle of next year. If by chance you pay ahead of the schedule, that amount will credit towards your account and will get you back on a normal schedule quicker. I hope everyone is having a good winter, as we have been pretty lucky so far. Take care and thanks for your patience. Billing Schedule Billing Month Months Billed Feb. 2023 Aug. 2021 March 2023 Sept. 2021 April 2023 Oct., Nov., and Dec. 2021 May 2023 Jan., Feb., March, and April 2022 June 2023 May and June 2022 July 2023 July 2022 August 2023 Aug. and Sept. 2022 Sept. 2023 Oct. and Nov. 2022 Page 2 of 4 Billing Month Months Billed Oct. 2023 Dec. 2022, Jan., Feb. 2023 Nov. 2023 March and April 2023 Dec. 2023 May and June 2023 Jan. 2024 July 2023 Feb. 2024 Aug. 2023 March 2024 Sept. 2023 April 2024 Oct., Nov., and Dec. 2023 May 2024 Jan., Feb., and March 2024 June 2024 April, May, and June 2024 Bill Hobbs—Operator DWD1— 15413 Page 3 of 4 Red Pheasant Water Contact Information 2023 Name: Address: Phone: Cell Phone: Email: Would you like your invoices emailed? Yes No Would you like online payment options? Yes No (if so, an email address may be required) Please return either by email, mail, or the dropbox. Thanks Page 4 of 4 Red Pheasant Water Company 1065 Harvest Moon Ln. Lewiston, ID 83501 208-790-2543 redpheasantwater@gmail.com Red Pheasant Water System Update --- December 26, 2023 1 hope everyone had a great holiday season. Things are moving along better than this time last year. The Variable Frequency Drive (VFD) that controls the pumps that serve the community has been replaced and programmed. While working on the VFD, we noticed some leaking backflow valves to the pump assembly, so those are on order and will be replaced in a couple months. We also have ordered total rebuild kits for all four main pumps. These should be in around the same time as the check valves, and everything should be repaired and installed by the end of February. We have been primarily operating the system off our backup pumps, as with the leaking check valves, we would just be pumping water in a continuous circle through the pumping assembly. The only downside to this is that our backup pumps aren't connected to our generator backup. If we do lose power, one of the main pumps can be run, but with a lower pressure than what the backup system maintains. At this time, we are starting to catch up on our billing cycles. The bills have been staggered with high usage months being billed on a monthly basis, and lower usage months being billed on bi-monthly, quarterly, or as our reading frequency allowed. If there are any issues with the remaining billing cycles, included on page 2, please let me know and I can work something out with you. If you have purchased a home within the past year in all but the last phase of development, you are on the current billing cycle. If you have contacted me and made arrangements to be on the current cycle, disregard the attached schedule. At this time, we have approximately 118 meters switched over to the automated system. This is a significant help in time savings and data entry, but unfortunately meter supply is still an issue. Another issue we have encountered is customer service for acquiring more meters, as well as any equipment glitches along the way. Over the year, we have been in contact with Idaho Public Utilities Commission, (IPUC). These meetings have been a follow-up from them notifying us that they needed to be our regulatory agency. Since then, we have had a couple follow up meetings to start the process that they want followed. These meetings have been productive. We will have more direction on the path we will need to follow in the next month or so. They froze our rates about a year and a half ago, until we have detailed operational costs submitted to them. From that point we will have to submit our new proposed rate increase to them for review and publication. Most of our input costs are up 100-400%, including sampling, maintenance, operations, and repairs. We have not had a rate increase since September of 2018. Page 1 of 3 Attached to this mailing is a new contact information sheet that I would like to have on file for everyone, especially new residents or current customers that have had email or phone number changes. I need this to build an emergency contact information list to be able to contact you if a catastrophic event happens and to know what your billing preferences are. Please fill this out, it will not be shared with anyone or any entity. With the rising rates of postage, I would encourage you to utilize the payment drop box if you are sending checks or correspondences. This box is located on Red Pheasant Blvd next to the trailhead, between Wheatlands Ave. and Paddock Ln. As always, electronic options are available too. Attached is a breakdown of the remaining payment schedule as it will be implemented. If you would like to bring your account with the current monthly billings, let me know, and I can send you that invoice. We will have everyone back to the normal billing schedules by the middle of 2024. Take care and thanks for your patience. Bill Hobbs —Operator DWD1- 15413 Billing Schedule Billing Month Months being Billed Dec. 2023 May and June 2023 Jan. 2024 July 2023 Feb. 2024 Aug. 2023 March 2024 Sept. 2023 April 2024 Oct., Nov., and Dec. 2023 May 2024 Jan., Feb., and March 2024 June 2024 April, May, and June 2024 Page 2 of 3 Red Pheasant Water Contact Information 2024 Name: Address: Phone: Cell Phone: Email: Would you like your invoices emailed? Yes No Would you like online payment options? Yes No (if so, an email address is required) Please return either by email, mail, or the dropbox. Thanks Page 3 of 3 Red Pheasant Water Company 1065 Harvest Moon Ln. Lewiston, ID 83501 208-790-2543 redpheasantwater@gmail.com Red Pheasant Water System Update ---July 1, 2024 This billing will have everyone up to the current billing cycle. Thanks for your patience and understanding, over the past year and a half, while we got caught up. It will be nice to get things streamlined again, with everyone being on the same billing cycle. All pumps and controls are working as they should. These repairs over the past year and a half exceeded over $80,000 but were a necessity to have our premier water system operating at 100%. We are actively involved in the application process with Idaho Public Utilities Commission, (IPUC). This is an application for a Certificate of Public Convenience and Necessity. This will let them determine if the state will recognize us as a public utility and serve the areas of our subdivisions. This process details all historical events of the formation and expansion of our service area over the last 27 years. This is the beginning of the process, as we will also be submitting our new proposed rate increase to them for review. During this process, all patrons will continue to be notified of the progress, plus will have opportunities to comment on the proposed rate change. Most of our input costs are up 100-400%, including sampling, maintenance, operations, and repairs. We have not had a rate increase since September of 2018. This rate increase will be approximately 30%. All details are being presented to the Idaho Public Utility Commission. Their contact information is: Commission Secretary, Idaho Public Utilities Commission, PO Box 83720, Boise, ID 83720-0074. Their phone number is (208) 334-0900. Attached to this mailing is a contact information sheet that I would like to have on file for everyone, especially new residents, or current customers that have had email or phone number changes. If nothing has changed since December, then I don't need this returned. If you want to change the way you receive your bills, i.e. mail or email, please just contact me via my contact information. I need this information to build an emergency contact list to be able to contact you if a catastrophic event happens and to know what your billing preferences are. Please fill this out, it will not be shared with anyone or any entity. With the rising rates of postage, I would encourage you to utilize the payment drop box if you are sending checks or correspondences. This box is located on Red Pheasant Blvd next to the trailhead, between Wheatlands Ave. and Paddock Ln. As always, electronic options are available too. Just a reminder, because of the water distribution system in place within your community, along with the volunteers with the Wheatland Fire Protection District fire department, your fire classification has now dropped to a Class 4 as of today! We were previously a class 5, but with the addition of our last reservoir and Page 1 of 3 fire flow within the hydranted areas, we gained another reduction in fire class rating. This will help a little on insurance, but unfortunately, will not touch the significant increases most are seeing in premiums. If you are outside of the distribution system of our water district, you would only receive a class 8 for Wheatland Fire Protection District fire service, and a class 9 outside of that area of service. The lower the number, the more of a reduction in homeowner insurance rates. If you have any questions or concerns, please contact me by whichever means is best for you. I am always available. If it's an emergency, please call me! Have a great summer and be safe!!! Bill Hobbs—Operator DWD1— 15413 Page 2 of 3 Red Pheasant Water Contact Information 2024 Name: Address: Phone: Cell Phone: Email: Would you like your invoices emailed? Yes No Would you like online payment options? Yes No (if so, an email address is required) Please return either by email, mail, or the dropbox. Thanks Page 3 of 3 STATE OF IDAHO DEPARTMENTOF ENVIRONMENTAL QUALITY 1118 F Street,Lewiston,ID 83501 Brad Little,Governor (208)799-4370 Jess Byrne,Director October 13, 2021 Bill Hobbs Red Pheasant Water Company 1065 Harvest Moon Lane Lewiston, ID 83501 red pheasantwater@gmail.com Subject: Record Drawings Accepted— Pheasant Trail Estates 3rd Addition— Red Pheasant Water Company Dear Mr. Hobbs: The Idaho Department of Environmental Quality (DEQ) received record drawings for the above reference project. The record drawings are dated October 12, 2021, and prepared by Cory Baune, PE. The record drawings for this project are accepted per Section 39-118(3) of Idaho Code. If you have any questions or comments, please contact me at (208) 799-4370 or hannah.erickson@deg.idaho.gov. Regards, Hannah Erickson, El Water Quality Engineer c: Cory Baune, PE,J-LI-B Engineers Michael Camin, PE, DEQ 2021AGD6262 RECEIVED Form No.204 Rev.12/12 $50 fee APR 0 6 2021 STATE OF IDAHO Receipted by CM p��pp�RTMENT OF WATER RESOURCES Date No. C 10. I �`I DEFARTi 'GP Date y- !i• 1( WATER RESOURCES REQUEST FOR EXTENSION OF TIME To provide additional time in which to submit proof of beneficial use for a water right permit The Idaho Department of Water Resources will consider this form a request that the permit holder(s)be granted an additional period of time under the provisions of Section 42-204,Idaho Code, in which to complete development of a water right and file proof of beneficial use of water. There is a FILING FEE of$50.00 to be included with this form when filed with IDWR. Permit no. 85-15772 Date proof is due 05/01/2021 Name(s)ofpermit holder(s) Red Pheasant Water Company, LLC Mailing address 1065 Harvest Moon Lane city Lewiston State ID Zip 83501 Telephone no. (208) 790-2543 Email bill@idahohobbs.com Describe what work has been completed toward the development of this water right: If no work has been completed,show"none". See attached Costing$ Ap,rox.$1.1 million The permit holder(s)has been unable to complete the remainder of the work for the following reasons: See attached Permit holder(s)request an extension for ten (10) year(s). Signature(If other than permit holder, Power ..<II ornev must be supplied) Date ACTION OF THE DEPARTMENT OF WATER RESOURCES The Department has reviewed the explanation for delay and concludes the reason(s)for delay meets the requirements for approval of the Request for Extension of Time as provided by Section(s)42-204 and/or 42-218,Idaho Code. ❑ IT IS HEREBY ORDERED that the permit is REINSTATED with the priority date advanced to , 20 IT IS HEREBY ORDERED that the above request for extension of time is APPROVED,and the time within which to submit proof of beneficial use is extended to - M 0-y 1 l Signed this day of , 202 Shelley W.4n. Chief Water Allo ,tion Bureau Description of work completed Permittee has invested substantially in expanding its municipal water system under 85-15772, which includes but is not limited to the following major improvements: • Pull 850 feet of 14-inch casing originally installed in well No. 3, replace with 12-inch casing and seal to comply with Lewiston Plateau Groundwater Management Area well construction standards ($180,000). • Addition of 400,000-gallon reservoir ($500,000). • Upgrade of infrastructure to serve the second and third phases of development ($400,000). A preliminary engineering report for Pheasant Trail Estates 3rd Addition, prepared by J-U-B Engineers, Inc., and as required by the Idaho Department of Environmental Quality under IDAPA 58.01.08 subsection 503, is available on request. Approximate cost of all completed work: $1.1 million Reasons full development is incomplete Although Permittee has diligently worked to develop full beneficial use throughout the permit period, and development is ongoing, the process is incomplete due to the scope of work required. Further, development has been hampered by unanticipated diversion limitations resulting from the required modification of well No. 3 (see above). Plans for continued development are in place, and Permittee is considering options for fully diverting 2 cfs, including addition of a fourth well/point of diversion. Extension request: 10 years (pursuant to Idaho Code 42-204(3)(d)) State of Idaho DEPARTMENT OF WATER RESOURCES 322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098 Phone: (208) 287-4800 • Fax: (208) 287-6700 • Website: www.ldwr.idaho.gov BRAD LITTLE GARY SPACKMAN Governor Director April 26, 2021 RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501-6265 REQUEST FOR EXTENSION OF TIME LETTER RE: Permit No. 85-15772 Dear Permit Holder: Enclosed is a copy of the approved request for extension of time submitted in connection with the above referenced permit which extends the proof due date to May 01, 2026. The Department granted this extension based on evidence of good cause. It is important that you work diligently toward the completion of the project during the development period allowed pursuant to Idaho Code § 42-204(3)(d). The extension is a PRELIMINARY ORDER issued by the Department pursuant to Rule 730 of the Department's Rules of Procedure (IDAPA 37.01.01). It can and will become a final order without further action by the Department unless a party petitions for reconsideration or files an exception and/or brief within fourteen (14) days of the service date as described in the enclosed information sheet. Please be advised that Idaho Code § 42-248, requires you or the owner of this water right to maintain current ownership and address records on file with the Department. Forms to file a change of ownership of a water right and/or a change in the address of the water right owner are available from any Department office or at the Department's website at www.idwr.idaho.gov. If you have any questions concerning this permit, please contact the State Office of the Department located in Boise at (208) 287-4800. Sincere y, D i dd Technical Records Specialist Enclosures CERTIFICATE OF SERVICE I hereby certify that on April 26, 2021 1 mailed a true and correct copy, postage prepaid, of the foregoing PRELIMINARY ORDER (PRELIMINARY ORDER APPROVING REQUEST FOR EXTENSION OF TIME) to the person listed below: RE: Preliminary Order in the Matter of Permit No. 85-15772 RED PHEASANT WATER COMPANY LLC 1065 HARVEST MOON LN LEWISTON ID 83501-6265 i De bi Judd Technical Records Specialist EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER (To be used in connection with actions when a hearing was not held) (Required by Rule of Procedure 730.02) i The accompanying order or approved document is a "Preliminary Order" issued by the department pursuant to section 67-5243,Idaho Code. It can and will become a final order without further action of the Department of Water Resources("department")unless a party petitions for reconsideration, files an exception and brief, or requests a hearing as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the department within fourteen(14)days of the service date of this order. Note: the petition must be received by the department within this fourteen (14) day period. The department will act on a petition for reconsideration within twenty-one(21)days of its receipt, or the petition will be considered denied by operation of law. See Section 67-5243(3) Idaho Code. EXCEPTIONS AND BRIEFS Within fourteen (14) days after: (a) the service date of a preliminary order, (b) the service date of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within twenty-one(21)days to grant or deny a petition for reconsideration from this preliminary order,any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding with the Director. Otherwise, this preliminary order will become a final order of the agency. REQUEST FOR HEARING Unless a right to a hearing before the Department or the Water Resource Board is otherwise provided by statute,any person aggrieved by any final decision,determination,order or action of the Director of the Department and who has not previously been afforded an opportunity for a hearing on the matter may request a hearing pursuant to section 42-1701A(3), Idaho Code. A written petition contesting the action of the Director and requesting a hearing shall be filed within fifteen(15)days after receipt of the denial or conditional approval. ORAL ARGUMENT If the Director grants a petition to review the preliminary order,the Director shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard,the Director will within a reasonable time period notify each party of the place,date and hour for the argument of the case. Unless the Director orders otherwise, all oral arguments will be heard in Boise, Idaho. Page 1 Revised July 1,2010 CERTIFICATE OF SERVICE All exceptions, briefs, requests for oral argument and any other matters filed with the Director in connection with the preliminary order shall be served on all other parties to the proceedings in accordance with IDAPA Rules 37.01.01302 and 37.01.01303 (Rules of Procedure 302 and 303). FINAL ORDER The Director will issue a final order within fifty-six(56)days of receipt of the written briefs, oral argument or response to briefs,whichever is later,unless waived by the parties or for good cause shown. The Director may remand the matter for further evidentiary hearings if further factual development of the record is necessary before issuing a final order. The department will serve a copy of the final order on all parties of record. Section 67-5246(5), Idaho Code, provides as follows: Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when: (a) The petition for reconsideration is disposed of, or (b) The petition is deemed denied because the agency head did not dispose of the petition within twenty- one (21) days. APPEAL OF FINAL ORDER TO DISTRICT COURT Pursuant to sections 67-5270 and 67-5272, Idaho Code, if this preliminary order becomes final, any party aggrieved by the final order or orders previously issued in this case may appeal the final order and all previously issued orders in this case to district court by filing a petition in the district court of the county in which: i. A hearing was held, ii. The final agency action was taken, iii. The party seeking review of the order resides, or iv. The real property or personal property that was the subject of the agency action is located. The appeal must be filed within twenty-eight(28)days of this preliminary order becoming final. See section 67-5273, Idaho Code. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. Page 2 Revised July 1,2010 251 } ARTICLES OF ORGANIZATION 0 LIMITED LIABILITYCOMPAN� :- (Instructions on back of application) • 1. The name of the limited liability company is: "- Red Pheasant Water Company, LLC 2. The street address of the initial registered office is: 8101 Red Pheasant Blvd. Lewiston, ID 83501-7866 and the name of the initial registered agent at the above address is: H. William Hobbs, Jr. 3. The mailing address for future correspondence is: 8101 Red Pheasant Blvd. Lewiston, ID 83501-7866 4. Management of the limited liability company will be vested in: Manager(s) ❑ or Member(s) ✓❑ (please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s)and address(es)of at least one initial manager. If management is to be vested in the member(s), list the name(s)and address(es) of at least one initial member. Name Address H. William Hobbs, Jr. 8101 Red Pheasant Blvd. Lewiston, ID 83501 I 6. Signature of at yea��n��� responsible for forming the limited liability company: Signature: g Secretary of State use only Typed Name. H. William Hobbs, Capacity: Member IDAHQ SECRETARY OF STATE Signature 02/06/2006 05:00 CK: 1095 CT: 1%709 BH: 936319 Typed Name: 1 B 108.6B = 199.80 ORGAN LLC A 2 Capacity: 80536 Page 1 Ident No 85-15772 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES APPLICATION FOR PERMIT To appropriate the public water of the State of Idaho 1. Name: RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 (208) 790-2543 2. Source: GROUNDWATER 3. Location of Point of Diversion: #1 GROUND WATER NW1/4NW1/4 Sec. 1, Twp 35N, Rge 05W, B M. NEZ PERCE County #2 GROUND WATER SE1/4SW1/4 Sec. 36, Twp 36N, Rge 05W, B.M. NEZ PERCE County #3 GROUND WATER NE1/4NW1/4 Sec. 1, Twp 35N, Rge 05W, B.M. NEZ PERCE County 4. Water will be used for the following purposes: Purpose From To RATE OF DIVERSION ANNUAL VOLUME MUNICIPAL 01/01 to 12/31 2.00 CFS 369.0 AF FIRE PROTECTION 01/01 to 12/31 2.00 CFS 5. Total quantity to be appropriated is: 2.00 CFS 369.0 AF 6. Proposed diverting works: POINT OF DIVERSION#1 a. Type and size of devices used to divert water from the source: PUMP AND PIPES FROM WELL THIS IS WELL NO. 3 b. Height of storage dam feet; Active reservoir capacity acre-feet; Total reservoir capacity acre-feet;. c. Proposed well diameter is 14 inches; Proposed depth of well is 1200 feet. d. Is ground water with a temperature of greater than 85F being sought? N e. If well is already drilled, when? 10/1/2008; Drilling Firm: H2O WELLSERVICE; Drilling Permit No. 860727. Page 2 ]dent. No. 85-15772 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES APPLICATION FOR PERMIT To appropriate the public water of the State of Idaho POINT OF DIVERSION #2 a. Type and size of devices used to divert water from the source: PUMP AND PIPE FROM WELL THIS 1S WELL NO. 2 b. Height of storage dam feet; Active reservoir capacity acre-feet; Total reservoir capacity acre-feet;. c. Proposed well diameter is 6 inches; Proposed depth of well is 960 feet. d. Is ground water with a temperature of greater than 85F being sought? N e. If well is already drilled, when? 8/27/2001; Drilling Firm: BURNS WELL DRILLING, INC.; Drilling Permit No. 769450. POINT OF DIVERSION #3 a. Type and size of devices used to divert water from the source: PUMP AND PIPE FROM WELL THIS IS WELL NO. 1 b. Height of storage dam feet; Active reservoir capacity acre-feet; Total reservoir capacity acre-feet;. c. Proposed well diameter is 6 inches; Proposed depth of well is 1053 feet. d. Is ground water with a temperature of greater than 85F being sought? N e. If well is already drilled, when? 7/15/1994; Drilling Firm: BURNS WELL DRILLING, INC; Drilling Permit No. 745186. 7. Time required for the completion of the works and application of the water to the proposed beneficial use is 5 year(s). 8. PLACE OF USE: MUNICIPAL AND FIRE PROTECTION Twp Rge Sec I NE I NW I SW I SE J 1 NE j NW 1 §W 1 §E 1 NE 1 NW 1§WW 1 SE 1 NE 1 NW 1 SSW 1 SE 1 NE 1 NW 1 SW 1 SE 1 Totals 35N 05W 1 1 I X X X X I X X X X I I 35N 05W 2 1 X X I II 11 X X j 36N 05W 36 I 11 II X X I II I I I I I Page 3 Ident. No. 85-15772 STATE OF IDAHO DEPARTMENT OF WATER RESOURCES APPLICATION FOR PERMIT To appropriate the public water of the State of Idaho 98. Who owns the property at the point of diversion? If other than applicant, describe the arrangement enabling the applicant to make this filing. APPLICANT 9b. Who owns the land to be irrigated or piece of use? If other than applicant, describe the arrangement enabling the applicant to make this filing. APPLICANT 10, Remarks: This application was originally submitted in November of 2013 at which time IDWR Informed us that it could not be processed in that form. Per IDWR instruction it has been reconfigured 1, as a municipal use application and 2. in compliance with the application requirements of the Lewiston Plateau Water Management Area. IDWR has agreed to allow Wells 1 and 2 to be used as emergency back up wells only. A shut off device must to be constructed that will isolate the normal operation of Well 3 from the system that receives water from Wells 1 and 2. 11. Map of proposed point of diversion and place of use attached? [X j BE IT KNOWN that the undersigned hereby makes application for permit to appropriate the public waters the State of Idaho as herein set forth. i '7 ;plicant Received by Date Time Preliminary check by Publication prepared by Date Published In Publication approved Date Receipt No. N030214 Date:__402015 Receipted by: APPLICATION NO. 85-15772 14 36NQ5W36SWSW 36N05r6SESW - - ._ - ly , Well#2 ,l — 35�105V1f NENW 35N05w1NV)[NW '► 35N05W2NENE ;v 35N051(V2SEN�_ I 35N05W1�ENW y P5N05W1SWNW ' I ESE_ 5N05W1 NWS _ + 35N05W1NESW f rfk_, 5Q5W1SWSW 35N05W1 SESW Legend N Working_POU QQ 0 550 1 ,100 2,200 Feet Taxlots 0 Working_POD BROWITT LAW OFFICE JAMES BROWITT AT7i KNa AT LAw March 31,2015 RECEIVED Keith Franklin APR - z 2015 Program Manager IDWR/NORTHERN IDWR Northern Regional Office 7600 N. Mineral Dr. Ste. 100 Coeur d'Alene, ID 83815-7763 Re: Red Pheasant Water Company's resubmission of Application for Permit to Appropriate Water within LPGWMA Mr. Franklin, Enclosed you will find Red Pheasant Water Company's amended Application for Permit to Appropriate Water for its well designated as No. 3.This packet includes the following: ■ Application for Permit ■ Municipal Water Right Application Checklist ■ Two(2)maps of the proposed project ■ Request for Waiver of Requirement for Construction of Wells Within LPGWMA ■ DVD videolog and three(3) statements supporting the Request for Waiver Per your instruction for a municipal application, we have included an annual volume, which we determined to be 363 acre feet. We calculated that amount as follows: 200 single-family homes with 0.5-acre lots @ 1.2 AF each=240 AF ■ 80 domestic connections in multi-family residences @ 0.6 AF each=48 AF J ■ 25 irrigated acres of common/open space @ 3AF each= 75 AF ■ 10 commercial connections @ 0.6 AF each=6 AF Total: 3AF We realize this application requires comments from the Idaho Departments of Fish and Game and Environmental Quality. Although I am willing to forward copies of this packet to the appropriate persons at their respective regional offices in Lewiston (Ray Hennekey at IDFG and John Cardwell at IDEQ, if I understand correctly) I have noticed your office has taken care of this for other applicants. Please advise how you would like this handled. Hopefully this packet, in addition to information previously submitted,will allow the Department to process this application. Should you need anything further, please do not hesitate to contact me via phone or email. Best regards, Jams Browitt On behalf of Red Pheasant Water Company 1317ProspectAvenue — Lewiston,ID83501 — 208.413.6065 — e-mail:jbrowitt@browittlaw.com MEMO TO FILE December 10, 2015 RE: File ID 80536 —Water Application No. 85-15772 Red Pheasant Water Company LLC When preparing this file for publication I did not send comment requests to Fish and Game or to DEQ because Keith indicated he had already done that, so I didn't need to duplicate that effort. Diann Ball Administrative Assistant State of Idaho DEPARTMENT OF WATER RESOURCES r^ Northern Region, 7600 Mineral Drive. Suite 100, Coeur d'Alene, Idaho 83815 Phone: (208) 762-2800 FAX: (208) 762-2819 ivivw.idwr.idaho.gov C I "BUTCI1"OTTER Governor December 10, 2015 GARI SPACh-MAN Director RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON, ID 83501 Application For Permit No. 85-15772 Dear Applicant(s): The Department of Water Resources has received your water right application. Please refer to the number referenced above in all future correspondence regarding this application. A legal notice of the application has been prepared and is scheduled for publication in the LEWISTON TRIBUNE on 12/17/2015 and 12/24/2015. Protests to this application may be submitted for a period ending ten (10) days after the second publication. If the application is protested, you will be sent a copy of each protest. All protests must be resolved before the application can be considered for approval. If the protest(s) cannot be resolved voluntarily, the Department will conduct a conference and/or hearing on the matter. If the application is not protested, the Department will process your application and notify you of any action taken on the application. If your application is approved, the Department will send you a copy of the permit. Please contact this office if you have any questions regarding the application. Sincerely, Keit Franklin Program Manager Ball, Dianne From: Ball, Dianne Sent: Thursday, December 10, 2015 11:38 AM To: Legal Notices LT Karen Lewis; Legal Notices-Lewiston Tribune Cc: Franklin, Keith Subject: Application for Permit No. 85-15772 Attachments: LegalNotice 12-10-15 LT e-mail 85-15772.doc Hi, Karen, Please publish the enclosed legal notice on the dates indicated, December 17 and 24, 2015, (once a week for two consecutive weekly issues). If you cannot publish the notice on the proposed dates, please contact us immediately. This should be very close to press ready — for 2-column, 8pt, Dutch 811 font. Please note the areas under USE containing dates and water amounts that are offset and lined up. Our legal should appear in this format. Please also send a proof/preview copy for my review before this actually goes to press. If you have any questions, please contact me as early as possible. An affidavit of publication must be submitted to the Department along with the publication bill. Please send the affidavit and bill to this office before 1/4/2016. Your cooperation is very much appreciated. Karen, it's always a pleasure to work with you. Thanks for all your super help. Vkaoum gaa Administrative Assistant Idaho Department of Water Resources 7600 N Mineral Dr., Ste. 100 Coeur d'Alene, ID 83815 208-762-2800 Fax 208-762-2819 i The following application(s) have been filed to appropriate the public waters of the State of Idaho: 85-15772 RED PHEASANT WATER COMPANY,LLC 1065 HARVEST MOON LN LEWISTON,ID 83501 Point of Diversion NWNW S1 T35N R05W NEZ PERCE CO Point of Diversion SESW S36 T36N R05W NEZ PERCE CO Point of Diversion NENW S1 T35N R05W NEZ PERCE CO Source GROUND WATER Use:MUNICIPAL 01 01 to 12 31 2 CFS Use:FIRE PROTECTION 01 01 to 12 31 2 CFS Total Diversion: 2 CFS 369 AF Date Filed: 4/2/2015 Place of Use:MUNICIPAL T35N R05W Sl NENW NWNW SWNW SENW NESW NWSW SWSW SESW T35N R05W S2 NENE SENE NESE SESE T36N R05W S36 SWSW SESW (Municipal use is within service area of applicant,) Place of Use:FIRE PROTECTION Same as MUNICIPAL Permits will be subject to all prior water rights. For additional information concerning the property location, contact Northern Region office at(208) 762-2800;or for a full description of the right(s),please see: y ids. iLho.Qoy'an s/ Se rch/W Filing ar, Protests may be submitted based on the criteria of Idaho Code S 42-203A.Any protest against the approval of this application must be filed with the Director,Dept.of Water Resources,Northern Region,7600 Mineral Drive,Suite 100, Coeur D'Alene ID 83815 together with a protest fee of $25,00 for each application on or before 1 4 2016.The protestant must also send a copy of the protest to the applicant. GARY SPACK&IAN,Director Published on 1217 2015 and 12 24 2015 FORM 202 HI 3 80 �T Ident.No. STATE OF IDAHO DEPARTMENT OF WATER RESOURCES RECEIVED AMENDED APPLICATION FOR PERMIT APR - 2 2015 To appropriate the public waters of the State of Idaho gyDW m)7D HERRI 1. Name oi'applicant(s)Red Pheasant Water Company, LLC Phone(20 ) Name connector(check one) ❑and ❑or ❑and/or Mailing address 1065 Harvest Moon Lane City Lewiston State ID Zip 83501 Email redpheasant@microwavedsl.com 2. Source of water supply groundwater which is a tributary of 3. Location of point(s)of diversion: TWP RGE SEC Loot ''14 ''A 'A County Source Local name or tag# 35N 05W 1 4 NW NW Nez Perce groundwater D0054425 3511� 090 1 tJ 4 >1 8.3-1-4-0-6V-Poo .3b vS>a 3 s£ StJ ►� O oor 4. Water will be used for the following purposes: Amount 2.0 cfs for municipal purposes from 1/1 to 12/31 (both dates inclusive) (cfs or acre-feet per year) Amount 2.0 cfs for fire prevention purposes from 1/1 to 12/31 (both dates inclusive) (cfs or acre-feet per year) Amount for purposes from to (both dates inclusive) (cfs or acre-feet per year) Amount for purposes from to (both dates inclusive) (cfs or acre-feet per year) 5. Total quantity to be appropriated is(a) 2.0 cubic feet per second(cfs)and/or(b) 363 acre feet per year(af). 6. Proposed diverting works: a. Describe type and size of devices used to divert water from the source. 12.25-inch well with 100-hp submersible pump b. Height of storage dam feet;active reservoir capacity acre-feet; total reservoir capacity acre-feet.If the reservoir will be filled more than once each year,describe the refill plan in item 11.For dams 10 feet or more in height OR reservoirs with a total storage capacity of 50 acre-feet or more,submit a separate Application for Construction or Enlargement of a New or Existing Dam. Application required? ❑ Yes ❑ No c. Proposed well diameter is 12.25 inches;proposed depth of well is 1,200 feet. d. Is ground water with a temperature of greater than 85°F being sought? ❑ Yes ❑� No e. If well is already drilled,when? 10/1/2008 ;drilling firm H2O Well Service, Inc. ; well was drilled for(well owner)yes ;Drilling Permit No. 860727 7. Description of proposed uses(if irrigation only,go to item 8): a. Hydropower;show total feet of head and proposed capacity in kW. b. Stockwatering;list number and kind of livestock. c. Municipal;complete and attac 'v tnic' ter-Hight A ilication Checklist. d. Domestic;show number of h se h I e. Other;describe fully. FE IL 1W 1 8. Description of place of use: a. If water is for irrigation,indicate acreage in each subdivision in the tabulation below. b. If water is used for other purposes,place a symbol of the use(example:D for Domestic)in the corresponding place of use below. See instructions for standard symbols. TWP RGE SEC NE NW SW SE TOTALS NE NW SW SE NE NW SW SE NE NW SW SE NE NW SNI SE 35N 05W 1 x x x x x x x x 35N 05W 2 x x x x 36N 05W 36 x x Total number of acres to be irrigated: 9. Describe any other water rights used for the same purposes as described above. Include water delivered by a municipality, canal company,or irrigation district.I f this application is for domestic purposes,do you intend to use this water,water from another source, or both,to irrigate your lawn,garden,and/or landscaping? 85-7607, 85-7618 and 85-7631, all of which are licensed water rights owned by Applicant. The two wells associated with these rights are proposed as emergency backup sources for pending permit. 10. a. Who owns the property at the point of diversion?Applicant b. Who owns the land to be irrigated or place of use?Applicant c. If the property is owned by a person other than the applicant,describe the arrangement enabling the applicant to make this filing: 11. Describe your proposal in narrative form,and provide additional explanation for any of the items above.Attach additional pages if necessary. This application was originally submitted in November of 2013, at which time IDWR informed us that it could not be processed in that form. Per IDWR instruction, it has been reconfigured 1) as a municipal-use application and 2) in compliance with the application requirements of the Lewiston Plateau Ground Water Management Area. 12. Time required for completion of works and application of water to proposed beneficial use is 5 years(minimum 1 year). 13. MAP OF PROPOSED PROJECT REQUIRED-Attach an 8'/"x 1 1"map clearly identifying the proposed point of diversion,place of use,section#,tox%nship&range.A photocopy of a USGS 7.5 minute topographic quadrangle map is preferred. The information contained in this application is true to the best of my knowledge.I understand that any willful misrepresentations made in this application may result/i� tion f the application or cancellation of an approval. Signature of Applicant Signature of Applicant H. William Hobbs, Jr., Red Pheasant Water Company Print Name(and title,if applicable) Print Name(and title,if applicable) For Department Use: Received by Date Time Preliminary check by Fee$ 37p•(7 Receipted by _ Receipt No. tJ ogyat�� Date i I1_ � � _ 0-e-cel 1910,0 1 Re�14VICL_ 8 ,ov 2 ATTACHMENT Water Right No. or App. ID RECEIVED STATE OF IDAHO DEPARTMENT OF WATER RESOURCES APR — 2 2015 MUNICIPAL WATER RIGHT APPLICATION CHECKLIST �gR/NORTHERN FOR AN APPLICATION TO APPROPRIATE WATER FOR MUNICIPAL PURP E An application to appropriate water for municipal purposes must be prepared in accordance with the requirements listed below to be acceptable for processing by the Department. There are two types of permits for municipal water use. The first type of municipal permit provides water for reasonably anticipated future needs (RAFN) over a defined planning horizon.' The second type of municipal permit,called non-RAFN, provides water solely for use to meet needs that will arise in the near-tern (five years).' A non-RAFN permit may have an annual volume limitation associated with it. Each type of municipal water use has a distinct set of review requirements. Applicant Name: Red Pheasant Water Company,LLC I. Type of Municipal Provider. Applicant must qualify as a Municipal Provider to obtain a municipal water right. See Idaho Code§42-202B(5). Check one: ❑ Type 1 Municipality ❑ 'Type 2 Franchise or political subdivision supplying water to a municipality ✓❑ Type 3—Corporation or association regulated as a'-public water supply"system by IDEQ ❑ Attach documentation of qualification as a Municipal Provider. See Idaho Code§42-202(2). 2. List existing Water Rights(permits, licenses. decrees, and beneficial use claims) available to the applicant for municipal needs. These rights may or may not have a purpose of use expressly defined as "municipal". include a separate attachment as needed. Right Number Nature of Use Diversion Annual Vol. Service Area Rate(cts) (acre-feet) 85-7607 Irrigation/Domestic 0.22 55 T35N R5W S1 NENW S2 NESE 85-7618 Irrigation/Municipal 0.82 172.8 T35N R5W S1 NE-SENW NW-SWSW;S2 NE-SESE 85-7631 Municipal 0.80 68.4 3. List the total diversion rate from Item 2. Be sure to account for any combined diversion rate limits in the approval conditions of each right listed. 0.82 CIS(total from 2) 4. List the total volume from Item 2. Be sure to account for any combined volume limits in the approval conditions of each right listed 296.2 AF(total from 2) hot a thorough discussion of RAFN water rights.see i DWR'%Recommendations for the Processing Ur Reasonah�y Inlicipated F7Ntu•e;Viceds(R,II-W)Municipal 1.1 titer Right.%at the Time cf•lpplicaliotr,Licensing,mu%Transfer. For a thorough discussion ofnon-RAFT`"ater rights,see IDWR's Application Processing Memorandum No. 18. RAFN Min.Requirements Checklist.Rev. 1 I/3013 t 5. Planning Horizon. See Idaho Code§42-202B(7). Check one: ❑ RAFN. Specify planning horizon: _years. Go to Item 6. ✓❑ Non-RAFN(55 years). Go to Item 7. 6. If application is for RAFN: ❑ Attach justification for planning horizon. See Idaho Code§42-202(2)and§42-202B(7). ❑ Attach description of service area. See Idaho Code§42-202(2)and §42-202B(9). ❑ Attach population projection within the service area over the planning horizon. See Idaho Code § 42- 202(2)and§42-202B(8). ❑ Attach evaluation for demand within the service area over the planning horizon. See Idaho Code 202(2)and§42 202B(8). Does demand exceed the totals listed in Items 3 and 4? Y N ❑ ❑ Rate? ❑ ❑ Volume? If the answer is "No" to both rate and volume and a new point of diversion is needed, file a transfer application pursuant to Idaho Code fi 42-222(1). 7. If application is for non-RAFN: When submitting proof of beneficial use, non-RAFN permit holders will be required to show that water was diverted for an additional increment of beneficial use over existing water rights during the authorized development period, which may be up to fire years from the date of approval. Do existing demand and short term needs exceed the combined authorizations from the existing water rights listed in Items 3 and 4? Y N ❑✓ ❑ Rate? ❑✓ ❑ Volume? If the answer is "No" to both rate and volume and a new point of diversion is needed, file a transfer application pursuant to Idaho Code$42-222(1). RAFN N in.Requirements CheckliSL Rey. 11/2013 - ATTACHMENTRed Pheasant Water Company R E C E I V E D - -;- " r xIlk, :`41DWR/NORTHEC3.N 36tl+ns`v3J'E�l,�F .CN65, 3�5SESE ra -c,•r ` 361JO:,:�u r,SJJ sGN+)5'1v3bSE5h, - , , - I l , sGti�AlSE f J 6 1 +511051/-)2NENE 3ntJ0'SNIt+1JtVL'd SFl+1S';d1NEP(,'.' i 35Nt611V111SPftIE 1' 3 diq � Jr1E" �rJFi�':� ,E tIE i'� 3 fjN05)N 1 Sllv'NW } r1" s � a5t'lu5v�l1tJE5':v' s5P1�-"�5�:1''IP1�lJSE 351J051,10NEbf i r 35N0 I I. 5�lv1SESI,'dlv'1S�NSE 411 351,10?-."1 S[SE 3514i. 4v17Erdl+ I.'M;itl `, SPI%i•1.1JEIJU, i5PJ0Crd12l14's'NESPIU:�ir�t_PIENF March 30, 2015 1:9,456 • �'��V� fir�rr%� 0 0,075 0.15 0.3 mi a V't1 J 0 0.125 0.25 05 km Service, 61 re( , o 39.716 b N uE,o 2100 SCHAUB W 0 I 36 � 1 3°�°5 SCHAUB R E C E I E D W ME1�T 106.106 I.M9 1� 1 m�o 1949 0,y o -4 w ri N APR - 20� goo �n^o ..s�Ire 8 _.. 51 L� ��/N RTIJ >s 09 SCHAUB 6601 �0 17.062 �"� asp o0 6025 o� WAGNER SCHAUB yi N c ev W E 17.368 6900 705D 47.687 6149 8475 SCHAUB — J 20.153 QH n 3000 6y9G SCHAUB h g t yob B 80.705 SCHAUB 0001 20.396 SCHAUB 3300 127-39 RE PHEASANT SLVD 2400 WAGNER i.. _. 163.094 0001 - - lower^ •'=c^ =N� �HpUB N�^ c�n"� SCHAUB 60.749 m 0204 35.94698 1201 SCHAUB 4201 20.089 3900 4050 2250 - a = V 9 W -'206 o a m m w >� 4801 5550 5400 4950 0 SCHAUB 60.582 7200 30 SCHAUB co5700 5850 5100 1153291 = o WAGNER 5�6 06 u M n 160.788 �^ 7200 SCHAUB SCHAUB 61.1.32 81.819 TLAND 9000 6000 ti� )0 8800 ; ,. HOWARD y ~HOWARD WAGNER WAGNER 328.242 ) ! �' 60712408� inch - 1 , 00 feet 300012 30008 t Qq o„-,-f o�c version S���ke CA P ATTACHMENT RECEIVED Request for Waiver of Requirements for Construction of Wells Within Lewiston Plateau Ground Water Management Area APR - 2 2015 IDWR/NORTHERN This request for waiver is made to the Idaho Department of Water Resources (Department) pursuant to IDAPA 37.03.09, Rule 025.02 and Section VII(F) of Management Plan for the Lewiston Plateau Ground Water Management Area(LPGWMA). This request is made by Red Pheasant Water Company, LLC (Red Pheasant) in conjunction with its Application for Permit to Appropriate Waters within the LPGWMA. Based on the supporting evidence submitted herewith, Red Pheasant makes this request in good faith, asserting that the proposed variances area essentially procedural and will not compromise the Department's objective of protecting the state's ground water resources from waste and contamination. Red Pheasant requests the following waivers: 1) Section VII(B) of the LPGWMA management plan as it applies to Red Pheasant's Well No. 3. Said provision stipulates that "[w]ells proposed to be completed into the regional aquifer must be cased and sealed into the geologic formation that confines the regional aquifer. The annular seal must extend through, or into this confining layer to a depth meeting or exceeding the requirements of the Idaho Well Construction Standards,"which IDAPA 37.03.09 Rule 025.09(b)(i) establishes as five (5) feet. 2) General well compliance requirements expressed in Section VII of the LPGWMA management plan as they apply to Red Pheasant's Wells Nos. 1 and 2, which are being proposed as emergency backups to Well No. 3 in the attached permit application. The purpose of and rationale behind these requests include: 1) Red Pheasant's Well No. 3 was constructed in 2008 in accordance with a plan approved by the Idaho Department of Environmental Quality and requirements existing within the since-rescinded Lindsay Creek Ground Water Management Area. The corresponding permit, 85-15428, was issued by the Department in 2004, and an extension was granted in 2009. In 2012 the Department denied Red Pheasant's request for a second extension and, due to extenuating economical circumstances that precluded development necessary to show beneficial use, the permit lapsed. In November 2013, Red Pheasant submitted another permit application, but was informed in December 2013 that the application could not be processed as submitted. Among the issues cited by Northern Region officials were those brought about by the formation of the LPGWMA. The Department's Request for Waiver March 31,2015 Page 2 of 3 principal objective with the LPGWMA, protecting shallow aquifers from further decline, has been reflected in its stated concerns regarding Well No. 3: The Department suspects it draws from water cascading from perched aquifers instead of, or in addition to, the target source,the regional aquifer. According to what Red Pheasant was told at its most recent meeting with Northern Region officials, on November 26, 2014, those concerns would be alleviated if Well No. 3 were brought into compliance with the management plan of the LPGWMA — particularly the casing and sealing requirement. While Red Pheasant acknowledges the importance of protecting ground water resources and lauds the Department's efforts in that regard, the LPGWMA casing requirement is superfluous as applied to Well No. 3 because the regional aquifer is its only source. In spite of the Department's suggestion that cascading water may be present, there is no evidence any commingling occurs. In fact, that assumption is clearly rebutted by a videolog produced by WaterWell Developing & Surveys of Umatilla, Oregon, on February 12, 2015. See Exhibit A. At the 14- minute, 25-second mark of the 49-minute video, the camera reaches the bottom of the well's 14-inch steel casing, at a depth of 856 feet. The camera provides a 360- degree view of where the casing is seated on and grout-sealed to the confining geologic feature, a 50-foot layer of hard basalt that Department officials concede is part of the Grande Ronde Formation. This confining layer overlays a water- producing zone of broken vesicular basalt, which begins at a depth of 907 feet. Critically, the video shows no indication of water movement at the base of the casing. Upon review, three well-drilling experts familiar with Well No. 3 have concluded that it is effectively sealed from aquifers perched above the Grande Ronde Formation. See Exhibits B, C and D. Further, it warrants mention that, pursuant to Section VII(B) of the LPGWMA, this water-bearing zone can be presumed to be the regional aquifer. The zone is found at an elevation, approximately 550 feet,that is far below the nearest adjacent water surface elevation of the Snake River, which the Department considers an indicator depth of the regional aquifer. Consequently, requiring Red Pheasant to modify Well No. 3 so that it strictly complies with the LPGWMA management plan is pointless. The manner in which the well is constructed already fulfills the LPGWMA's principal objective —the area's shallow aquifers are sealed off and will not be affected by the well's production— so modification would serve no practical purpose. It would, Request for Waiver March 31, 2015 Page 3 of 3 however, add significant expense to a project in which Red Pheasant has already invested nearly $500,000. In light of these circumstances,there is no rational justification for demanding that Red Pheasant incur additional cost in an effort to comply with a standard whose goal is already achieved. 2) Red Pheasant Wells Nos. 1 and 2 were constructed in 1994 and 2001, respectively, and together supply approximately 100 connections by way of three licensed water rights, 85-7607, 85-7618 and 85-7631. Although both wells are presumed to reach into the regional aquifer(Dr. Dale Ralston, Evaluation ofGround Water Development Potential at Schaub Ranch, July 2005), they predate the LPGWMA and therefore do not comply with its well construction standards. Nonetheless, Red Pheasant is justified in proposing that both wells be designated as emergency backup sources for Well No. 3 and its corresponding permit. Any function in this capacity would occur under exigent circumstances and be brief in duration, consequently having little or no impact on shallow aquifers or senior water rights within the LPGWMA. Accordingly, Red Pheasant submits this request in the belief that said waivers are primarily procedural in nature and will not materially affect or obstruct the objectives of the Department within the LPGWMA. H. William Hobbs,Jr. Date Red Pheasant Water Company Action of the Department: By: Idaho Department of Water Resources Date RECEIVED APR - 2 2015 IDWRINORTHERN EXHIBIT B RECEIVED -- APR - 2 2015 IDWR/NORTHERN VV,EL.L uERV/CE /NC 582 Wcst 1-lagden Avenue•Hnyden I Ar,Idaho 83835 (208)772AW4 OClice•(800)772-1901 Toll Frcc• (208)7/2-4992 Fax•(509)535 555,1 March 25, 2015 Mr, Bill Hobbs Schaub Ranch 1065 Harvest Moon Lane Lewiston, ID 83501 Mr Hobbs, I am in receipt of your video of well number three at Schaub Ranch in Lewiston, Idaho. After careful review, I see no evidence of any cross contamination of ground water either up or down. The area at the bottom of the fourteen inch casing appears to be seated in rock effectively sealing out any water from higher up in the bore hole. In my opinion, this well should not have any detrimental effect on any domestic wells in the area. Should you have any further questions or concerns, please feel free to call me. Sincerely, Thomas Richardson President .. _ ...... .. ..,.,......., _._... .-+nrvn��•n;cr imntvr.\t''a t=L,n.6•nl('nnr Ilfd?-t)\1rT=..1\�S9G7K5 RECEIVED APR - 2 2015 IpWRINORTHERN EXHIBIT C RECEIVED �- APR - 2 2015 TH(FJ-U-B J-U-B COMPANIES I LANOOON ANUATHERN MINOOROUP J•U-B ENGINEERS,INC. March 13, 2015 Bill Hobbs Red Pheasant Holdings 1065 Harvest Moon Lane Lewiston, ID 83501 RE: Well No.3 Video Dear Bill: I have reviewed the Well No. 3 video that was taken on February 12, 2015. The main concern you expressed was whether there was any evidence of water flowing from behind the 14-inch casing located at-850 feet below ground surface. Based on the video evidence, I did not see any indication of water movement at the bottom of the 14-inch casing. Let me know if you have any more questions. Sincerely, J-U-B ENGINEERS,Inc. r-7�:- Cory R. Baune, PE Project Manager Cc: File J-U-B ENGINEERS, Inc.a"-de BQ YEARS a 1630 23rd Avenue,Suite 1101-A,Lewiston,ID 83501 p 208 746 9010 .f 208 746 9926 w www.jub.com RECEIVE _ APR - 2 2015 IDWRMORTHERN EXHIBIT D RECEIVL ; APR - 2 2015 WaterWeli Developing & Surveys IMMORTHERN Re-Developing . Color Video Logging . Well Drilling P.O. Box 156 - Umatilla, OR 97882 • TELEPHONE: (541)922-6372 Cell(541)561-5139 March 31, 2015 To Whom it may concern: While camering Red Pheasant Water Company on Well#3, 1 attached a flag to the light head on the camera to help detect any water movement in the well. I stopped and observed the well at the bottom of the casing at 856 feet and again at 907 feet which is the first aquifer in the well. I stopped and observed at all formations in the well that could produce water. There is no water movement in this well. Sincerely, Edwin L Brown Waterwell Developing & Surveys G c vSo E` 1,,� FORM 202 03/10 Pon lP[r 's a 2 page�u> document 1 STATE OF IDAHO Ident. No. pj\A DEPARTMENT OF WATER RESOURCES APPLICATIONat FORers of ePERMIT To appropriate the public State of Idaho 1 Name of applicant(s)P P k_eC s a nt W°�+� c0t:"R a�^y L L'e Phone .2 0 Nam cotmector(check one) ❑and ❑or ❑and Mailing address: 0 S H M\ S i M.o O A) City Lt w?S 4o_" State --To zip _ T350 1 Email: r � 'gSgn (� m/(_r-ocVay S 1• C.afn 2. Source of water supply (,_�rf5 Jn j LAJ0L "'ZT_ which is a tributary of 3. Location of point(s)of diversion: 'Wp Rge Sec Govt Lot ' • . County Source Local name or tag# N oS I LI NW NW N Qou)JO wN-ru- Q MS'492-5, 51J o S 1J V+- PIA4f R"AjD 0001603 36 dS S SW N6Z P gQPUjJb W4-TSAr Oda$ 36 050 S St NVt PYLS£ GRn AO U.A-7' 4. Water will be used for the following purposes: Amount 1.AQ Cam_—for 2fUti6A"PSOIJ _ purposes from 1 to (both dates inclusive) (cfs or acre-fret year) ) Amount I .Z5 for_�o __ purposes from I! t to I 3 I (both dates inclusive) (cfs or acre-feet per year) Amount for Co is 1 purposes from I 1 to 1 31 (both dates inclusive) (cfs or acre.feet per year) Amount t jy c5fS for_ i purposes from i I to IL 31 (both dates inclusive) (cfs or acre-feet per year) 5. Total quantity to be appropriated is(a) cubic feet per second(cfs)and/or(b) acre-feet per year(af). 6. Proposed diverting works: a. Describe type and size of devices used to divert water from the source. E 000rr69'S - 6 x 11 t A -J/ t 4 �"p� F 00 o SSg 3 - ( }1 w ZA0 he V±1 D beny2S -J� ZS" we'll w1c"Dow, X hn j&4 b. Height of storage dam feet;active reservoir capacity acre-feet;total reservoir capacity acre-feet. If the reservoir will be filled more than once each year,describe the refill plan in Item 11 For dams 10 feet or more in height OR reservoirs with a total storage capacity of 50 acre-feet or more,submit a separate Application for Construction or Enlargement of a New or Existing Dam. Application required? ❑ Yes ❑ No c. Proposed well diameter is 11-1.5 t inches; proposed depth of well is 1-X-00 feet. d. Is ground water with a temperature of greater than 85OF being sought? ❑ Yes .Q1 No e. If well is already drilled,when?-10 L=�-1 1p C ; drilling firm N��'� W2.1 52 •� -��G• ; Well was drilled for(well owner) ye.S Drilling Permit No. 86 O-4a_4- 7. Description of proposed uses(if irrigation only,go to item 8): a. Hydropower;show total feet of head and proposed capacity in kW. b. Stockwatering; list number and kind of livestock. qio CALL42 S f 20 O r k'jrkPA.,d_— S c. Municipal;show name of municipal' or the applicant's qualifications as a municipal provider. d. Domestic;show number of use Id ra 1 e. Other;describe fully. r�J Jt' At 1 8 Descnption of place of use. a. If water is for irrigation, indicate acreage in each subdivision in the tabulation below b If water is used for other purposes, place a symbol of the use(example. D for Domestic)in the corresponding place of use below. See instructions for standard symbols. ` TWP RGE SEC NE NW SW SE TOTALS NE NW I SW SE NE NW SW SE NE I NW I SW SE NE NW SW SE 350 osw 1 2 13 3 (0 13 35N 601 S 3 13 to 10-3:5 >, os 3-c, � H - - H-i Total number of acres to be irrigated: 5-1; 9. Describe any other water rights used for the same purposes as described above Include water delivered by a municipality, canal company, or irrigation district. If this application is for domestic purposes,do you intend to use is water, water from another source, or both,to irrigate your lawn,garden,and/or landscaping? - d 10. a. Who owns the property at the point of diversion? b. Who owns the land to be irrigated or place of use? fi 5 V tad c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make this filing: .V-�-r eJ S 1b o 1 O 4C 'i V'' 11. Describe your proposal in narrative form, and provide additional explanation for any of the items a ove Attach additional pages if necessary. iS A� Lay-A-ri:ajj -T A 2T50t3mVrA(- 01: Z!S- 1512f. ( wCr�- o�Q.a%cd Q S e c0 e A e x+Oros i ON -f o P wno M,C Y«l r-a ui . A4 A;.5 41^,e u�. 4 S 04 rtn)&s, AkPl-Z&74b 0 t.LZ7 Il S V LaQL j.J-U r AIC OA4 T U7T 2: FOR- A L0 F- A T TP-T5 7;rMr, N A u t✓ o u cr,- 31 ySo, ooci I g,!,+e_A l�o D 00 5g J4 Aoo O)OuLb -ro Co"iPLt.-ty- - iNF >p e1r TLttS AL56 W au Ub Aa u.Or&) 00 OL P+Q.o W 5fwa 12. Time required for completion of works and application of water to proposed beneficial use is_..L years minimum 1 year). 13. MAP OF PROPOSED PROJECT REQUIRED-Attach an 8%"x 11"map clearly identifying the proposed point of diversion, place of use, section#, township&range A photocopy of a USGS 7 5 minute topographic quadrangle map is preferred. The information contained in this application is true to the best of my knowledge. I understand that any willful misrepresentations made in this application may result in rejection of the application or cancellation of an approval. Signature of Applicant Signature of Applicant Print Name(and title,if applicable) 7 Print Name(and title,if applicable) 1 For Department Use: Received by Date Time Preliminary check by Fee$ Q1� Receipted by Receipt No. IUD Date / 2 MUNICIPAL PROVIDER QUESTIONNAIRE Date Applican - a.) Must be a corporation or association registe ed to do business in the State of Contact Personaho� ' 1 I`i A ,\ (IS,I 1\ Phone Number o2 0 1 o�S�3 Public Water Supply Number_ AS' S 00 go b.) PWS numbers are issued by the bepartment of Environmental Quality 1. Number of homes proposed No Q O 2. Proposed size of lawn& garden per home in acres Total /0 3. Acres of other proposed irrigation such as parks, common areas, ' open spaces or golf courses Total 4. Total acres proposed to be irrigated#2 +#3 Total 5. a.) Number of Commercial uses proposed No. 1.) Specify Typo �I K. 5 ids o m 044 b.) Total anticipated annual volume use in gallons or acre-feet No. �� O 6. a.) Number of Industrial uses proposed to be served No. 1.) Specify Type b.) Total anticipated annual volume in gallons or acre-feet Total 7. Fire Protection diversion requirement in gallons/minute or cfs. 1 d a.) Fire Protection will be identified as a separate use on the application. 8. If the source is ground water, has a pump test been performed? Yes. , No a.) If yes explain the result, including maximum rate of diversion, _ well draw down, rate o recov ry, itc. ocrc 4e S4 +-^ http: maps.idwr.idaho.gov.mapalllPrintMap.htm?xmin=2273092.4049210134&xmax=22798... QDepartment of Water Resources Water G eVraphlc Information SeMoss p weir Water Woe Adjludieation T O POD-Adjudication Claims , d A •�`*r• POD-Adjudication Recommendations 3i3t) r, 36N( 2S . 0 POD-Permits 0 POD-Water Rights POU-AdjudicationClaims i POU-Adjudication Recommendations X POU-Permits • - r POU-Water Rights 3 Ground Water �I � ,31 3fiN��fi�1 f Areas of Drilling Concern A©O c1 • a Contamination Area N e,z o F P r. t: ® Nitrate Priority Areas Critical Ground Water Areas Will ? ®Ground Water Management Areas 35N05YV3 Eastern Snake Plain Aquifer ' Q ESPA Boundary aESPA Model Outline aESPA Model Grid State of Idaho Department of Water Reso T 322 Fast Front Street Boise,Idaho 83720-0098 �'fione: r r�tiD5W11 3 " Fax(208)287-6700 r . Scale:1'=3130 Cceate :Wednes November 06,20'13—Pe is(rtg irdumia6ontro►gt*rs$itgL wqx ses,or other ptrpos ,for wNch a and completeness are required,are hereby notified titi sty$rst verity h>t .5onrMth the ptbliarecord or carer primary sources from Cte in orinafion was obtained. yawn I F__lGCDB GCDB Section GCDB Quarter-Quarter Counties f 5 a _ • � : - �1� , _ _ ,, ,, oily LD State of Idaho DEPARTMENT OF WATER RESOURCES Northern Region • 7600 N. Mineral Drive, Suite 100 • Coeur d'Alene, Idaho 83815-7763 Phone: (208) 762-2800 • Pax: (208) 762-2819 • Website: www.idwr.idsho.gov C.L."BUT'CH"OTTER GARY SPACKMAN Governor Director December 4,2015 John Cardwell Idaho Department of Environmental Quality 1118 F St. Lewiston, ID 83501 Re: Application For Permit to Appropriate the Public Waters of the State of Idaho Dear Mr. Cardwell: The Department of Water Resources is seeking comment and/or recommendation from your agency,regarding an application for a new water right from ground water within the Lewiston Plateau Ground Water Management Area, by Red Pheasant Water Company, LLC. A copy of the application is attached for your reference. Please submit any comments you have by December 21, 2015. You may send comments by regular mail to the address above, by FAX to 762-2819 or by e-mail to keith.franklin@a.idwr.idaho.gov. If you have any questions,don't hesitate to contact me at this office. Thank you. Sincerely, Keith E. Franklin Program Manager Northern Region Encl/kf 0ply State of Idaho DEPARTMENT OF WATER RESOURCES Northern Region - 7600 N. Mineral Drive, Suite 100 - Coeur d'Alene, Idaho 83815-7763 Phone: (208) 762-2800 - Fax: (208) 762-2819 - Website: www.idwr.ideho.gov C.L."BUTCH"OTTER GARY SPACKMAN Governor Director December 4, 2015 Ray Hennekey Idaho Department of Fish&Game 3316 16" St. Lewiston, ID 83501 Re: Application For Permit to Appropriate the Public Waters of the State of Idaho Dear Ray: The Department of Water Resources is seeking comment and/or recommendation from your agency, regarding an application for a new water right from ground water within the Lewiston Plateau Ground Water Management Area, by Red Pheasant Water Company, LLC. A copy of the application is attached for your reference. Please submit any comments you have by December 21,2015. You may send comments by regular mail to the address above, by FAX to 762-2819 or by e-mail to keith.franklina,idwr.idaho.gov. If you have any questions, don't hesitate to contact me at this office. Thank you. Sincerely, Keith E. Franklin Program Manager Northern Region Encl/kf CCTV Franklin, Keith From: James Browitt Obrowitt@browittlaw.com] Sent: Wednesday, November 25, 2015 2:36 PM To: Franklin, Keith Subject: RE: Red Pheasant Water Right Application Keith, Everything checks out. Thanks for moving this ahead, and enjoy the holiday weekend. Jim James Browitt Browitt Law Office Schroeder Law Offices, P.C., Northern Idaho Division 1317 Prospect Ave. Lewiston, ID 83501 (208) 413-6065 This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful. From: Keith.Franklin@idwr.idaho.gov To: ibrowitt@browittlaw.com Subject: Red Pheasant Water Right Application Date: Wed, 25 Nov 2015 21:21:27+0000 Jim, I have the Red Pheasant application ready to be advertised but before I do I wanted to run it by you one more time. I've enclosed the application with the changes we talked about and the original application we received in April for comparison. Also, Mr. Hobbs originally submitted a filing fee of$370.00 with the first application, of which we will only require $290.00 for this new application, so the Department will issue Red Pheasant Holdings, LLC a refund of $80.00. We are also required to run any new application by Idaho Fish &Game and DEQ for their comments. If everything looks OK let me know. Have a good Thanksgiving! Thanks. Keith. 1 State of Idaho DEPARTMENT OF WATER RESOURCES 0 Northern Region, 7600 N. Mineral Drive, Suite 100 • Coeur d'Alene, Idaho 83815 Phone: (208) 762-2800 • Fax: (208) 762-2819 • Web Site: www.idwr.idaho.gov C.L."BUTCH"OTTER May 19, 2015 Governor GARY SPACKMAN i♦Director James Browitt C( (Dr Red Pheasant Water Company U 1317 Prospect Ave. Lewiston, ID 83501 Re: Red Pheasant Water Company Request For Waiver Dear Mr. Browitt: Department staff both in the Boise State Office and Coeur d'Alene Regional office reviewed your March 31 , 2015 request for a waiver from bringing the Red Pheasant Water Company Well #3, D0054425, into compliance with the current Lewiston Plateau Ground Water Management Plan and to use the Red Pheasant Water Companies Wells #1 and #2 as back up wells for a new municipal water right application. A February 12, 2015 video of Well #3, that was submitted to the department by the Red Pheasant Water Company was also reviewed and discussed by department staff. The video showed a depth to static water at approximately 651 ft. Depth to the bottom of the 14- inch diameter steel casing was 856 ft and the bottom of the well registered at 1,182 ft, all figures relatively consistent with the well drillers report. The well log for Well #3 indicates placement of a cement seal down to a depth of 470 ft, which is at the terminus of the 16-inch diameter steel casing. The 14-inch diameter casing was placed inside the 16- inch casing and set to a depth of 856 ft. Department staff could not see any evidence of cement seal material at the bottom of the 14-inch casing. The well log for Well #3 does not appear to detail the cutting materials from a depth of 475 ft to 704 ft. Based upon drill logs of other wells in the immediate area, such as Red Pheasant Water Company Wells #1 and #2, the department believes there exists a Wanapum Basalt formation from an approximate depth of 453 ft to 610 ft +/- and a Vantage Interbed from approximately 610 ft to 650 ft +/-. The Grand Ronde basalt formation has been found to exists below the Vantage Interbed, as per nearby well logs. The video suggests the 14-inch casing, that terminates at a depth of 856 ft, is set into the Grand Ronde basalt formation by approximately 200 ft. The Lewiston Plateau Ground Water Management Plan requires new wells and new uses from existing wells to case and seal out all shallow water bearing sources located above the Regional Aquifer. The 14-inch diameter casing, in Well #3 appears to be located well within the Grand Ronde basalt formation however, the shallow formations that exist from the bottom of the 14- inch diameter casing to the bottom of the existing cement seal located at a depth of 470 ft are not adequately sealed. The department staff recommends a cement seal be placed in the 14-inch diameter casing from a depth of 470 ft , matching the existing seal, to the bottom of the 14-inch diameter casing located at an approximately depth of 856 ft. The annular space between the 14-inch casing and the 16-inch diameter bore hole appears to be within compliance of the current well construction standards for cement seals. The request to waive the current requirement of casing and sealing out all formations above the Ground Ronde basalt formation is denied. Additionally, the department may grant permission for the Red Pheasant Water Company to utilize existing Wells #1 and #2 as backup wells with restrictions and conditions that either well, individually or combined cannot be used for more than 30 days during any one year as a backup source. A design schematic needs to be submitted, for the department's consideration, showing the pipe distribution system from Well #3, that will supply water to the new water right application and the connections to Wells #1 and #2 for emergency purposes. Can the backup wells provide the capacity needed to satisfy the original water rights and backup to a new water right? If you have further questions, feel free to contact me at this office. Thank you. Sincerely, Keit E Franklin Program Manager Northern Region Cc. Jeff Peppersack, Bureau Chief BROWITT LAW OFFICE JAMEs BROWITT Arm mEY AT LAw March 31,2015 RECEIVED Keith Franklin AN - 2 2015 Program Manager IDWR/NORTHERN IDWR Northern Regional Office 7600 N.Mineral Dr. Ste. 100 Coeur d'Alene,ID 83815-7763 Re:Red Pheasant Water Company's resubmission of Application for Permit to Appropriate Water within LPGWMA Mr. Franklin, Enclosed you will find Red Pheasant Water Company's amended Application for Permit to Appropriate Water for its well designated as No.3.This packet includes the following: ■ Application for Permit ■ Municipal Water Right Application Checklist ■ Two(2)maps of the proposed project ■ Request for Waiver of Requirement for Construction of Wells Within LPGWMA ■ DVD videolog and three(3)statements supporting the Request for Waiver Per your instruction for a municipal application,we have included an annual volume,which we determined to be 363 acre feet. We calculated that amount as follows: ■ 200 single-family homes with 0.5-acre lots @ 1.2 AF each=240 AF ■ 80 domestic connections in multi-family residences @ 0.6 AF each 48 AF ■ 25 irrigated acres of common/open space @ 3AF each=75 AF ■ 10 commercial connections @ 0.6 AF each=6 AF Total:363 AF We realize this application requires comments from the Idaho Departments of Fish and Game and Environmental Quality.Although 1 am willing to forward copies of this packet to the appropriate persons at their respective regional offices in Lewiston(Ray Hennekey at IDFG and John Cardwell at IDEQ, if I understand correctly)I have noticed your office has taken care of this for other applicants. Please advise how you would like this handled. Hopefully this packet, in addition to information previously submitted,will allow the Department to process this application. Should you need anything further, please do not hesitate to contact me via phone or email. Best regards, Jams Browitt On behalf of Red Pheasant Water Company 1317ProspectAvenue — Lewiston,ID83501 — 208.413.6065 — e-mail:jbrowittC@browiittlaw.com BROWITT LAW OFFICE JAMES BROWITT ATTORNEY AT I.n%v RECE, VED !-:Ilbru 1-1v 01 MAR 0 2 20,5 .*_eith Franklin 1DwR D'M, ririz) ,'\�lallagc-'r NORTH i `v1'It Nf,r'tl)r;r,) lZegic)ri�:l 1::'lir+�: 7+'"(:►V . Mineral Dr. Ste. 100) Coer.ir d"Alene, lD e: Red Yh;:i+st[3t )V .te„"s;.:e;='ry)�ii_tt;} ti ek'��t8�1Llf.gSStk)e'i gll�r$�l�sl2 :i.<a.lnd= !�Ir. Franklin. We are compiling the i):1(l?;'1:1 `ii required 1()r r'(:.;�u,1-1in-atlJig: lt. application fibr Permit fl) tlliprCprlale .Na.Cr '.,__ Cs?c7itdt(',,. iiy ,\e'i: .:1: h`II;' 'lt' '-? ail I y .__ i'erce County. As yC)U L--cp,Y'; thi;i apl'rlicat'cl; clrigmili ;l]iti'q?t,i . 1n November of 2013 but has Tiot b,::^n pt-c)c_ss-Cd diit, to j:;.'-"'?•_'edll'raq sedCS id=nt'tfied by the DeparnnenI:: 1;, it was rs iw- ;crj;'+::..:,=:^lr;e 1't 4t:rtrf ,,1`;3-1i1ui:11 !?arto aud _tars' di:•crsion °ter ;,? lr.t �; f 1�i r._:IiP ;: t; �1 , t- _ �cr:ri31 •a�is1 tt.�. '.tc- ,:. an l .iri il't i .,ji tl:L `;{.:pia i .iri,i 7t 'i ;.lila' N `•a i.l::l 'At1 -, i'i'k;r)lt.)i_1U1.,5 o ill[i ._.i:;;t;:r:;, -iii �;i r u. rr 4/ ," t )T (;+•.� r ::1 ;=s .i;:. �i )'.,,iiti.;Cr_ r�. :_?_•i;_ r ? ; w. ['i:i vo;r;• ;r ,r :37•x,', n sij, ;rr<I. A,:•.( - - -. 1 �ii=(lariCe. \�e __ �.dd1r'''�i _ ..__..,. ., I!,';i i.t'i'.s ti,Sj.,""!'_; �....Jff2il Ia7d. ;17titi).l+`?c(, i31'?lal?(:i{i?U;1 tilr(.r Uoc'-__r__?crt°iitio -In c; '!t)►r'I'(',Il)!.,' rc'l.:,t!"t', l ;yr} )r!. regard _o the LPG G i, e .Cf ;:: rr_on ,.. c rronnst'dl pla.: €c; our knowledtic, tn;:L�irc,:a{:ri lii ;,:;. i;;, i ;ri i.l:� at�.:�.r to )c 1h; g� :.: ; 11: .1i _°c: .:tt.r�, Red Pheasant :. _ . . rl%;rs,v V, =VVater _ornpany hirnd Ai ,n•,.µr re_ . �c olog Well NT). 3. Among othier t ing , the ;i ccl cleaT'is, c.:?{];; ' li _�, I'iNr.:I: i 1':,, r, i ilf nt 1? 1 ;f_ ?: .. . i:-c: t i-•. t: t (,_ the ,_ el t,%S!n^rests C7 71_?(i is 'to litera his--ill o th- �iat,.Ci iP:I;.,t' i"i}l'fiI!il?:.�;ri with nc. Tni'li:#�'idlll Of 63�s s�Cx c"� ice'i ti- _ �:7iz�i:l' 'd,_'. .i,.W -4.t.H n i..':'.!a= fi•'4'_=11 pr,_`-:', aIEl:w'ri"Itl'1 bons ';UD00--tint- Slid ,ronc.-31_sY.ii: `-iv, le,- ,;? i 11�::,'_r i _rotmcls jOr t't'i:i;rC`LTTT?:> that the a ` V Director waive: the y I't;W1N'`. p ov sion ae(:'•{I►l.','E;:>;it:i:.;:t', f,+e i$f !• 'ri.ir'C".i -- -iilri.riiillli Clf_5 feet Into the Grand Ronde basal!,-- VVc will, 4:' C:'!1 TS+•. ;rr�:'r`i(::: %x cG j t1').' ti'tl'`i'il!.`[i fti:?r i't)U to rev IC\V. t liar)< you for oul Best r aids, /I ar e,; Bro\v itt Oii behalf of Rr,d Phcuz ;;, ••.( ;�s: S, ra1.1 :iri-, 1317 Prospect Avenue — Lewiston, ID 83501 -- 208.798.9832 e-mail:jbrowiitt@browittlaw.com Franklin, Keith From: Franklin, Keith Sent: Friday, May 30, 2014 10:04 AM To: 'James Browitt' Cc: Del Papa, Gio; Beardslee, Allen Subject: RE: Red Pheasant Water Company application for permit to appropriate Mr. Browitt, I would be more than happy to sit down with you and go over what is now happening on the Lewiston Plateau as well as the proposed Red Pheasant Water Companies application for a new water right. Due to the complexity of the water situation in the Lewiston area I think it would more beneficial for us to meet at IDWR's office in Coeur d'Alene. Please give me a call at 208-762-2806, at your convenience,to set up a time and date to meet. If you have any questions,don't hesitate to contact me. Thanks. Keith Franklin Program Manager Northern Region From: James Browitt [mailto:jbrowitt(d)browittlaw.coml Sent: Thursday, May 29, 2014 10:35 AM To: Franklin, Keith Cc: bdhobbs@)microwavedsl.com; Laura Schroeder; Daryl Cole Subject: Red Pheasant Water Company application for permit to appropriate Mr. Franklin, I have been retained by Bill Hobbs and Red Pheasant Water Company to address water issues related to their interests in the Lewiston area. Specifically, I am contacting you in regard to Red Pheasant's application for a new water right, which was submitted to IDWR in November of 2013. I am aware that you informed Mr. Hobbs that the application could not be processed as submitted and that you subsequently met with him and other Red Pheasant representatives to discuss the changes and additional requirements needed to proceed. Although Mr. Hobbs has relayed much of that information to me, I thought it prudent to also get it from you directly. I am happy to do this via email or phone, or in person if you would prefer. I appreciate you help, and look forward to working with you. Respectfully, Jim James Browitt Browitt Law Office Contract Attorney, Schroeder Law Offices, P.C. 1317 Prospect Ave. Lewiston, ID 83501 (208) 798-9832 This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful. State of Idaho DEPARTMENT OF WATER RESOURCES 0 Northern Region, 7600 N. Mineral Drive, Suite 100 • Coeur d'Alene, Idaho 83815 Phone: (208) 762-2800 • Fax: (208) 762-2819 • Web Site: www.idwr.idaho.gov C.L."BUTCH"OTTER Governor GARY SPACKMAN December 24, 2013 dEllllft Director H. William Hobbs Jr. Red Pheasant Water Company, LLC 1065 Harvest Moon Ln Lewiston, ID 83501 Re: Application For Permit to Appropriate the Public Waters of the State of Idaho Dear Mr. Hobbs: The Idaho Department of Water Resources is in receipt of your application for a new water right, however, the application is in a form that cannot be processed. Also, as you know the application is for an area within the newly formed Lewiston Plateau Ground Water Management Area, which will need additional information prior to processing. I suggest you contact me to schedule an appointment to meet and go over the changes to the application and additional requirements. Please give me a call at 208-762-2800 at your earliest convenience. Thank you. Sincerely, Keith E Franklin Program Manager Northern Region Red Pheasant Water Company, LLC 1065 Harvest Moon Ln. Lewiston, ID 83501-6264 208-790-2543 redpheasant@microwavedsl.com To whom it may concern, At this time we are resubmitting an application for permit for our well#3.This well was approved for construction on July 24, 2004 numbered 85-15428 to our company Schaub Ranch, LLC for total diversion of 1 cfs. The well was drilled in the year 2008 and was not immediately put into service. On July 8, 2009 we were granted a request for extension of time for this permit. On July 17, 2012 we were denied an additional extension for that permit. At this time we have approximately$450,000 invested into this well including permits and fees, engineering, consultants,drilling and casing, and pump testing. We would like to complete this well with the necessary pump,controls, scads, and pump house,etc. to put it into service to serve the communities of Harvest Vista, Pheasant Trail Estates, and some further areas that would adjoin these subdivisions to include more%2 acre lots and a fire station/community center to serve this area. We (Schaub Ranch, LLC) have also donated a 2.61 acre parcel that the Wheatland Fire Protection District which is in the process of getting financing for the building of a station and community center. We are requesting this permit be applied as a municipal designation, as we are one of the largest, private water purveyors in Nez Perce County. We work closely with Idaho Department of Environmental Quality under the Public Water System numbered 2350040.The documents that show the area of service include the land that we would anticipate serving in the near future or are already serving under other water licenses or permits.We have added a point of diversion as IDEA requested,to make a tie in with Eagles Pointe Subdivision as a backup source for one another. We have supplied our records from Ralston Hydrological Services evaluation of the well site,the well drilling log for well 3,test pumping data from Layne of Washington,and the final report by JUB Engineering for the well.As you can see,we are a company that does everything by high standards, and we strive to have our constructed delivery system to be the best. We have close to$2 million dollars invested so far into the water infrastructure that supplies the communities that we serve. We continue to improve upon our system with the addition of chlorination by year end and more scada controls for real time monitoring of well levels, water usage through the well pumps,etc.This all takes continued investment into the system which is derived from the sale of lots within our future expansion areas. Well monitoring efforts will be a critical feature for IDWR to get a better idea on how the lower aquifer is or isn't being affected by pumping, and if it is, by what rates.All this information will be useful within the area of management. Thanks for your consideration on this permit request and municipal designation delineation. If you have further questions or need further documentation please feel free to contact me. Have a great day. 0 RECEIVED kv NOV 15 2013 H.William (Bill) Hobbs,Jr. 11 MR/ NORTH Page 1 State of Idaho Department of Water Resources Permit to Appropriate Water NO. 85-15772 Priority: April 02, 2015 Maximum Diversion Rate: 2.00 CFS Maximum Diversion Volume: 369.0 AF This is to certify, that RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 has applied for a permit to appropriate water from: Source: GROUND WATER and a permit is APPROVED for development of water as follows: BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME MUNICIPAL 01/01 to 12/31 2.00 CFS 369.0 AF FIRE PROTECTION 01/01 to 12/31 2.00 CFS LOCATION OF POINT(S) OF DIVERSION: GROUNDWATER NW1/4NW1/4 Sec. 1 Twp 35N, Rge 05W, B.M. NEZ PIERCE County GROUNDWATER SE1/4SW1/4 Sec. 36, Twp 36N, Rge 05W, B.M. NEZ PERCE County GROUNDWATER NE1/4NW1/4 Sec. 1, Twp 35N, Rge 05W, B.M. NEZ PERCE County PLACE OF USE: FIRE PROTECTION Twp Rge Sec NE � NW I SW SE 1 NE j NW 1 SW j SE j NE j NW j SW j SE j NE j NW 1 SW I SE j NE 1 NW j SW j SE j Totals 35N 05W 1 1 I X X X X I X X X X I 35N 05W 2 I X X I II II X X 36N 05W 36 I� 11 X X I� I I I I I CONDITIONS OF APPROVAL 1. Proof of application of water to beneficial use shall be submitted on or before May 01, 2021. 2. Subject to all prior water rights. 3. Project construction shall commence within one year from the date of permit issuance and shall proceed diligently to completion unless it can be shown to the satisfaction of the Director of the Department of Water Resources that delays were due to circumstances over which the permit holder had no control. 4. Prior to or in connection with the proof of beneficial use statement to be submitted for municipal water use under this right, the right holder shall provide the department with documentation showing that the water supply system is being regulated by the Idaho Department of Environmental Quality as a public water supply and that it has been issued a public water supply number. 5. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. i Page 2 State of Idaho Department of Water Resources Permit to Appropriate Water NO. 85-15772 6. Water shall not be diverted for fire protection use under this right except to fight or repel an existing fire. 7. Municipal place of use is within the area served by the public water supply system of Red Pheasant Water Company, LLC. 8. A map depicting the place of use boundary for this water right at the time of this approval is attached to this document for illustrative purposes. 9. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. i 10. Prior to diversion of water under this right, the right holder shall submit a written plan to be approved by the Department demonstrating how the primary point of diversion in NW1/4NW1/4, Section 1, Twp 35N, Rge 05W will be compliant with the well construction and conservation provisions of the LPGWMA management plan approved by the director. 11. The right holder shall not divert water from the points of diversion in the NE1/4NW1/4 Section 1, Twp. 35 N, Rge. 05W and SE1/4SW1/4 Section 36, Twp. 36 N, Rge. 05W except when necessary for emergency purposes. The right holder shall notify the Department of any emergency diversion of water and limit the diversion to no more than 30 days per year unless otherwise approved by the Department. Right holder shall install a shut-off device to isolate the normal operation of the point of diversion in NW 1/4NW 1/4 Section 1, Twp. 35 N, Rge. 05W from the points of diversion in the NE1/4NW1/4 Section 1, Twp. 35 N, Rge. 05W and SE1/4SW1/4 Section 36, Twp. 36 N, Rge. 05W. 12. This right does not grant any right-of-way or easement across the land of another. This permit is issued pursuant to the provisions of Section 42-204, Idaho Code. 1 y Signed this J _ day of / _ _ 20�(�. Mor 7 ase, Northern Regional Manager Red Pheasant Water Company, Llc Attachment to Permit to Appropriate Water 85-15772 This map depicts the MUNICIPAL place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W - iLti- t Z 1NWSW NES1 NWSE NESE, ' - - - NW$1N;' NESW _NWS.E •�. ��. NESE. 1 SWSE SESW _ SWSW a, —�-' --�.: ,`' :.,•, `� f - 'SESE SWSW SESW SWSE Lot 4 SESE (SWSW) Lot'4 ,rL'ot 3 Lot 2 Lot 1 i (NWNW) ,(NENW) "',a(NWNE) Lot 4 'Lot 3 Lot 2 Lot 1 ) (NENE) (NWNW) Lot 4 ( NW) (NWNE) (NENE) (NWNW) SWNW- W SWN Via= +�"'SENE E-� SWNW SENW SWNE SENE Lot 5 (SWNW) NWSW } NES1N NWSE,._ NESE NWSW NESW NWSE Lot 6 r,- - NESE (NWSW) SWSW SESW SWSE SESE '' ,SW . SESW SWSE SESE Lot 7 (SWSW) NWNE NWNW - NENW NENE NWNW l NWNE NENW NENE Ln SWNW SENW SWNE SENE SWNW SENW — z 05W 04W 0 0.225 0.45 0.9 Miles • Point of Diversion Water Service Area Boundary Townships PLS Sections N State of Idaho Department of Water Resources Attachment to Permit to Appropriate Water 85-15772 This map depicts the FIRE PROTECTION place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W CD _ r. '---- z now c� J` 1 i i• S ESE SWSW SES'W,•�- ALA— 7 Lot 2 Lot 1 Lot 4 'Lot 3 Lot 2 •- , • +� (NWNE) (NENE) (NWNW) (NENW). ( WNE) fr SWNW r SENE— SENW NESEk. NWSW NESW SWSE SESE S1N.SW SESW ' 1 4�• - " /, n NENE _ NWNW NENW I cn Ln -- Z 05W 04W 0 0.225 0.45 0.9 Miles • Point of Diversion --T—�—�-� Place Of Use Boundary Townships PLS Sections N State of Idaho DEPARTMENT OF WATER RESOURCES Northern Region, 7600 Mineral Drive. Suite 100, Coeur d'Alene,Idaho 83815 Phone: (208) 762-2800 FAX: (208) 762-2819 www.idwr.idaho.gov C.L."Bl?CH"OTTER Governor GARY SPACKNUN May 3, 2016 Director RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 RE. Permit No.85-15772 Permit Approval Notice Dear Permit Holder: The Department of Water Resources has issued the enclosed permit authorizing you to establish a new water right. Please be sure to thoroughly review the conditions of approval and remarks listed on your permit. The permit is a PRELIMINARY ORDER issued by the Department pursuant to Section 67-5243, Idaho Code. It can and will become a final order without further action by the Department unless a party petitions for reconsideration or files an exception and/or brief within fourteen (14) days of the service date as described in the enclosed information sheet. As a permit owner you must commence the excavation or construction of the diverting works within one year of the date the permit was issued, and you must proceed diligently until the project is completed. The date shown under condition no. 1 is the date when the project must be completed. The Department will send you a 'Proof Due Notice' approximately 60 days prior to the above referenced date requesting you to file either a Proof of Beneficial Use form or a Request for Extension of Time form. The right to drill a well is not a part of this permit to appropriate water. Beginning in July of 1987, a statute was enacted which requires a drilling permit for new well construction and deepening of existing wells. If the well(s) proposed for use under this water right permit were drilled or deepened after July 1 , 1987. a separate drilling permit must be obtained from this Department. Please contact the Ground Water Protection Section located here at this office or our regional office nearest you. Also, please note that water right owners are required to report any change of water right ownership and/or mailing address to the Department within 120 days of the change. Failure to report these changes could result in a S100 late filing fee. Contact any office of the Department or visit the Department's homepage on the Internet to obtain the proper forms and instructions. If you have any questions, please contact me at 208-762-2800. Sincerely, Cam.- r�/ Morgan Case Northern Regional Manager Enclosure(s) CERTIFICATE OF SERVICE I hereby certify that on May 3, 2016 1 mailed a true and correct copy. postage prepaid, of the foregoing PRELIMINARY ORDER(Approved Permit) to the person(s) listed below: RE: WATER RIGHT NO. 85-15772 RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 Dianne L Ball Administrative Assistant EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER (To be used in connection with actions when a hearing was not held) (Required by Rule of Procedure 730.02) The accompanying order or approved document is a "Preliminary Order" issued by the department pursuant to section 67-5243,Idaho Code. It can and will become a final order without further action of the Department of Water Resources("department')unless a party petitions for reconsideration, files an exception and brief, or requests a hearing as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the department within fourteen(14)days of the service date of this order. Note: the petition must be received by the department within this fourteen (14)day period. The department will act on a petition for reconsideration within twenty-one(21)days of its receipt,or the petition will be considered denied by operation of law. See Section 67-5243(3) Idaho Code. EXCEPTIONS AND BRIEFS Within fourteen (14)days after: (a)the service date of a preliminary order, (b)the service date of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within twenty-one(21)days to grant or deny a petition for reconsideration from this preliminary order,any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding with the Director. Otherwise,this preliminary order will become a final order of the agency. REQUEST FOR HEARING Unless a right to a hearing before the Department or the Water Resource Board is otherwise provided by statute,any person aggrieved by any final decision,determination,order or action of the Director of the Department and who has not previously been afforded an opportunity for a hearing on the matter may request a hearing pursuant to section 42-1701A(3), Idaho Code. A written petition contesting the action of the Director and requesting a hearing shall be filed within fifteen(15)days after receipt of the denial or conditional approval. ORAL ARGUMENT If the Director grants a petition to review the preliminary order,the Director shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard,the Director will within a reasonable time period notify each party of the place,date and hour for the argument of the case. Unless the Director orders otherwise,all oral arguments will be heard in Boise, Idaho. Page 1 Revised July 1,2010 Red Pheasant Water Company, LLC 1065 Harvest Moon Ln. Lewiston, ID 83501-6264 208-790-2543 redpheasant@microwavedsi.com To whom it may concern, At this time we are resubmitting an application for permit for our well#3.This well was approved for construction on July 24, 2004 numbered 85-15428 to our company Schaub Ranch, LLC for total diversion of 1 cfs. The well was drilled in the year 2008 and was not immediately put into service. On July 8, 2009 we were granted a request for extension of time for this permit.On July 17,2012 we were denied an additional extension for that permit. At this time we have approximately$450,000 invested into this well including permits and fees, engineering,consultants, drilling and casing, and pump testing. We would like to complete this well with the necessary pump,controls,scada, and pump house,etc.to put it into service to serve the communities of Harvest Vista, Pheasant Trail Estates, and some further areas that would adjoin these subdivisions to include more%acre lots and a fire station/community center to serve this area.We (Schaub Ranch, LLC) have also donated a 2.61 acre parcel that the Wheatland Fire Protection District which is in the process of getting financing for the building of a station and community center. We are requesting this permit be applied as a municipal designation, as we are one of the largest, private water purveyors in Nez Perce County.We work closely with Idaho Department of Environmental Quality under the Public Water System numbered 2350040.The documents that show the area of service include the land that we would anticipate serving in the near future or are already serving under other water licenses or permits. We have added a point of diversion as IDEQ requested,to make a tie in with Eagles Pointe Subdivision as a backup source for one another. We have supplied our records from Ralston Hydrological Services evaluation of the well site,the well drilling log for well 3,test pumping data from Layne of Washington,and the final report by 1UB Engineering for the well.As you can see,we are a company that does everything by high standards, and we strive to have our constructed delivery system to be the best.We have close to$2 million dollars invested so far into the water infrastructure that supplies the communities that we serve. We continue to improve upon our system with the addition of chlorination by year end and more scada controls for real time monitoring of well levels, water usage through the well pumps, etc.This all takes continued investment into the system which is derived from the sale of lots within our future expansion areas. Well monitoring efforts will be a critical feature for IDWR to get a better idea on how the lower aquifer is or isn't being affected by pumping, and if it is, by what rates. All this information will be useful within the area of management. Thanks for your consideration on this permit request and municipal designation delineation. If you have further questions or need further documentation please feel free to contact me. Have a great day. RECEIVED NOV 15 1013 H. William (Bill) Hobbs,Jr. IDWR/ NORTH Page 1 State of Idaho Department of Water Resources Permit to Appropriate Water NO. 85-15772 Priority: April 02, 2015 Maximum Diversion Rate: 2.00 CFS Maximum Diversion Volume: 369.0 AF This is to certify, that RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 has applied for a permit to appropriate water from: Source: GROUND WATER and a permit is APPROVED for development of water as follows: BENEFICIAL USE PERIOD OF USE RATE OF DIVERSION ANNUAL VOLUME MUNICIPAL 01/01 to 12/31 2.00 CFS 369.0 AF FIRE PROTECTION 01/01 to 12/31 2.00 CFS LOCATION OF POINT(S) OF DIVERSION: GROUNDWATER NW1/4NW1/4 Sec. 1 Twp 35N, Rge 05W, B.M. NEZ PIERCE County GROUNDWATER SE1/4SW1/4 Sec. 36, Twp 36N, Rge 05W, B.M. NEZ PERCE County GROUNDWATER NE1/4NW1/4 Sec. 1, Twp 35N, Rge 05W, B.M. NEZ PERCE County PLACE OF USE: FIRE PROTECTION Twp Rge Sec NE � NW I SW SE 1 NE j NW 1 SW j SE j NE j NW j SW j SE j NE j NW 1 SW I SE j NE 1 NW j SW j SE j Totals 35N 05W 1 1 I X X X X I X X X X I 35N 05W 2 I X X I II II X X 36N 05W 36 I� 11 X X I� I I I I I CONDITIONS OF APPROVAL 1. Proof of application of water to beneficial use shall be submitted on or before May 01, 2021. 2. Subject to all prior water rights. 3. Project construction shall commence within one year from the date of permit issuance and shall proceed diligently to completion unless it can be shown to the satisfaction of the Director of the Department of Water Resources that delays were due to circumstances over which the permit holder had no control. 4. Prior to or in connection with the proof of beneficial use statement to be submitted for municipal water use under this right, the right holder shall provide the department with documentation showing that the water supply system is being regulated by the Idaho Department of Environmental Quality as a public water supply and that it has been issued a public water supply number. 5. After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. i Page 2 State of Idaho Department of Water Resources Permit to Appropriate Water NO. 85-15772 6. Water shall not be diverted for fire protection use under this right except to fight or repel an existing fire. 7. Municipal place of use is within the area served by the public water supply system of Red Pheasant Water Company, LLC. 8. A map depicting the place of use boundary for this water right at the time of this approval is attached to this document for illustrative purposes. 9. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. i 10. Prior to diversion of water under this right, the right holder shall submit a written plan to be approved by the Department demonstrating how the primary point of diversion in NW1/4NW1/4, Section 1, Twp 35N, Rge 05W will be compliant with the well construction and conservation provisions of the LPGWMA management plan approved by the director. 11. The right holder shall not divert water from the points of diversion in the NE1/4NW1/4 Section 1, Twp. 35 N, Rge. 05W and SE1/4SW1/4 Section 36, Twp. 36 N, Rge. 05W except when necessary for emergency purposes. The right holder shall notify the Department of any emergency diversion of water and limit the diversion to no more than 30 days per year unless otherwise approved by the Department. Right holder shall install a shut-off device to isolate the normal operation of the point of diversion in NW 1/4NW 1/4 Section 1, Twp. 35 N, Rge. 05W from the points of diversion in the NE1/4NW1/4 Section 1, Twp. 35 N, Rge. 05W and SE1/4SW1/4 Section 36, Twp. 36 N, Rge. 05W. 12. This right does not grant any right-of-way or easement across the land of another. This permit is issued pursuant to the provisions of Section 42-204, Idaho Code. 1 y Signed this J _ day of / _ _ 20�(�. Mor 7 ase, Northern Regional Manager Red Pheasant Water Company, Llc Attachment to Permit to Appropriate Water 85-15772 This map depicts the MUNICIPAL place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W - iLti- t Z 1NWSW NES1 NWSE NESE, ' - - - NW$1N;' NESW _NWS.E •�. ��. NESE. 1 SWSE SESW _ SWSW a, —�-' --�.: ,`' :.,•, `� f - 'SESE SWSW SESW SWSE Lot 4 SESE (SWSW) Lot'4 ,rL'ot 3 Lot 2 Lot 1 i (NWNW) ,(NENW) "',a(NWNE) Lot 4 'Lot 3 Lot 2 Lot 1 ) (NENE) (NWNW) Lot 4 ( NW) (NWNE) (NENE) (NWNW) SWNW- W SWN Via= +�"'SENE E-� SWNW SENW SWNE SENE Lot 5 (SWNW) NWSW } NES1N NWSE,._ NESE NWSW NESW NWSE Lot 6 r,- - NESE (NWSW) SWSW SESW SWSE SESE '' ,SW . SESW SWSE SESE Lot 7 (SWSW) NWNE NWNW - NENW NENE NWNW l NWNE NENW NENE Ln SWNW SENW SWNE SENE SWNW SENW — z 05W 04W 0 0.225 0.45 0.9 Miles • Point of Diversion Water Service Area Boundary Townships PLS Sections N State of Idaho Department of Water Resources Attachment to Permit to Appropriate Water 85-15772 This map depicts the FIRE PROTECTION place of use boundary for this water right at the time of this approval and is attached to the approval document solely for illustrative purposes. 05W 04W CD _ r. '---- z now c� J` 1 i i• S ESE SWSW SES'W,•�- ALA— 7 Lot 2 Lot 1 Lot 4 'Lot 3 Lot 2 •- , • +� (NWNE) (NENE) (NWNW) (NENW). ( WNE) fr SWNW r SENE— SENW NESEk. NWSW NESW SWSE SESE S1N.SW SESW ' 1 4�• - " /, n NENE _ NWNW NENW I cn Ln -- Z 05W 04W 0 0.225 0.45 0.9 Miles • Point of Diversion --T—�—�-� Place Of Use Boundary Townships PLS Sections N State of Idaho DEPARTMENT OF WATER RESOURCES Northern Region, 7600 Mineral Drive. Suite 100, Coeur d'Alene,Idaho 83815 Phone: (208) 762-2800 FAX: (208) 762-2819 www.idwr.idaho.gov C.L."Bl?CH"OTTER Governor GARY SPACKNUN May 3, 2016 Director RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 RE. Permit No.85-15772 Permit Approval Notice Dear Permit Holder: The Department of Water Resources has issued the enclosed permit authorizing you to establish a new water right. Please be sure to thoroughly review the conditions of approval and remarks listed on your permit. The permit is a PRELIMINARY ORDER issued by the Department pursuant to Section 67-5243, Idaho Code. It can and will become a final order without further action by the Department unless a party petitions for reconsideration or files an exception and/or brief within fourteen (14) days of the service date as described in the enclosed information sheet. As a permit owner you must commence the excavation or construction of the diverting works within one year of the date the permit was issued, and you must proceed diligently until the project is completed. The date shown under condition no. 1 is the date when the project must be completed. The Department will send you a 'Proof Due Notice' approximately 60 days prior to the above referenced date requesting you to file either a Proof of Beneficial Use form or a Request for Extension of Time form. The right to drill a well is not a part of this permit to appropriate water. Beginning in July of 1987, a statute was enacted which requires a drilling permit for new well construction and deepening of existing wells. If the well(s) proposed for use under this water right permit were drilled or deepened after July 1 , 1987. a separate drilling permit must be obtained from this Department. Please contact the Ground Water Protection Section located here at this office or our regional office nearest you. Also, please note that water right owners are required to report any change of water right ownership and/or mailing address to the Department within 120 days of the change. Failure to report these changes could result in a S100 late filing fee. Contact any office of the Department or visit the Department's homepage on the Internet to obtain the proper forms and instructions. If you have any questions, please contact me at 208-762-2800. Sincerely, Cam.- r�/ Morgan Case Northern Regional Manager Enclosure(s) CERTIFICATE OF SERVICE I hereby certify that on May 3, 2016 1 mailed a true and correct copy. postage prepaid, of the foregoing PRELIMINARY ORDER(Approved Permit) to the person(s) listed below: RE: WATER RIGHT NO. 85-15772 RED PHEASANT WATER COMPANY, LLC 1065 HARVEST MOON LN LEWISTON ID 83501 Dianne L Ball Administrative Assistant EXPLANATORY INFORMATION TO ACCOMPANY A PRELIMINARY ORDER (To be used in connection with actions when a hearing was not held) (Required by Rule of Procedure 730.02) The accompanying order or approved document is a "Preliminary Order" issued by the department pursuant to section 67-5243,Idaho Code. It can and will become a final order without further action of the Department of Water Resources("department')unless a party petitions for reconsideration, files an exception and brief, or requests a hearing as further described below: PETITION FOR RECONSIDERATION Any party may file a petition for reconsideration of a preliminary order with the department within fourteen(14)days of the service date of this order. Note: the petition must be received by the department within this fourteen (14)day period. The department will act on a petition for reconsideration within twenty-one(21)days of its receipt,or the petition will be considered denied by operation of law. See Section 67-5243(3) Idaho Code. EXCEPTIONS AND BRIEFS Within fourteen (14)days after: (a)the service date of a preliminary order, (b)the service date of a denial of a petition for reconsideration from this preliminary order,or(c)the failure within twenty-one(21)days to grant or deny a petition for reconsideration from this preliminary order,any party may in writing support or take exceptions to any part of a preliminary order and may file briefs in support of the party's position on any issue in the proceeding with the Director. Otherwise,this preliminary order will become a final order of the agency. REQUEST FOR HEARING Unless a right to a hearing before the Department or the Water Resource Board is otherwise provided by statute,any person aggrieved by any final decision,determination,order or action of the Director of the Department and who has not previously been afforded an opportunity for a hearing on the matter may request a hearing pursuant to section 42-1701A(3), Idaho Code. A written petition contesting the action of the Director and requesting a hearing shall be filed within fifteen(15)days after receipt of the denial or conditional approval. ORAL ARGUMENT If the Director grants a petition to review the preliminary order,the Director shall allow all parties an opportunity to file briefs in support of or taking exceptions to the preliminary order and may schedule oral argument in the matter before issuing a final order. If oral arguments are to be heard,the Director will within a reasonable time period notify each party of the place,date and hour for the argument of the case. Unless the Director orders otherwise,all oral arguments will be heard in Boise, Idaho. Page 1 Revised July 1,2010 From: Bill Hobbs To: secretary Subject: Case#RED-W-24-01 Date: Friday,December 27,2024 4:23:37 PM CAUTION: This email originated outside the State of Idaho network. Verify links and attachments BEFORE you click or open, even if you recognize and/or trust the sender. Contact your agency service desk with any concerns. I believe I have covered the requests submitted by you. I am sure we will have further discussions in regards to this case.There is more financial information that will need discussed and worked into the files of the information presented. Our ranch currently holds the debt for the well 3 modifications and is currently around$170,000. 1 will need to discus this with our accountant on how this can be resolved. Thanks and have a great weekend, Bill Hobbs- managing member Red Pheasant Water Red Pheasant Holdings Schaub Ranch