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20250714Ex J DEQ back file.pdf
EPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 116'07'130" 566030mEA9 567 380 000 FEET (MON' 5' 1 569 48°07' 30" 1 J „ u � 'u °. �� 11 I - ,4--li /, i n�7f�OW r/ _ rr + 39 5330MNN 2625T 1 - 1 II , II -222 n rl d =— .1 /� + 281 ' P6 17 FEET (MONT) 2 A K `\ „ "Grave r 5�28 Est 1 o J t\ � o 0 0 tt a TSsr� 19 2-2707 i NA L-, 5327 t,Mile am D �— _-` �,_ 8^ �'." 147 If It 292T29 rriet - l0 5' Ce a c); Z 1 T _u, u If{{{VVfff 9,9 '� 2232 1_ 2232T 5325 1 4 "a� e 24 2312 5324 /i 00 •� 13. 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 I I I I I I I I I I I I I I I I I1 W% Die. -r--- r--- --- N I I I I I I I I I rT y I I 11 I I I I I I Pr T I I I I I I I I I I I I I ---rt---- ---i--- ---rt---- ---i- --rt-- - ---i--- ---rt---- ----t--- I I I I I I �_RI I 1 SWCc . Sic 'Ib - i St CtrL.�5 4 1 1 1 1 1 1 1 1 Scale:2 inches equal 1 mile. BE IT KNOWN that the undersigned hereby makes application for permit to appropriate the.�ublic waters of the State of Idaho as herein set forth. ��� (Applicant) n f co I IJ, Ir CTIA 41 I volo it ul it Ll t I Nj 03 NJ (25 It Jv Sam--Rw, 56- ---------- '176 ey PQ At F-P � � I Y 1 v', r �I � a ?I- T •:.> � I w A �� -' 1'- may/�:V�. �♦ w I-I 1 i t S. • rs try.. � � I 1 4r 2• 1 �� •. � t 1 Ny IE b, x 1 j x � � z • ,ti -AO IT 0 64� I k se 40,. Sol F ,3N.7U ea 1 -00 4/4 r• J � � c, ' •r`•^ - �iili 1, ! , ' i 1 A ' I ELM 2470 .Ff (D IODF t VATEIt I Q) I W,TER WA rE,* 7 JAN :MUM W S 11-Adq (4) )DO Vt (D PATER T— vAlp *4 PROMSIED WELL t PUMP [LEV.tW -.-in'RAMUZ'VM.LM PE. ANHO-E IJNE _.If Ala, eo riAw -AllV;-,P�l,% ox a F]K 0,194V7 OL '0 PAIL INNE C'Zl cNisi'J"a ]MVITUAL VELl. no ILUN SWIDAW" W Lp"5rr"xi. 1"•C-klhy 16% :#w I I 0 47ou '9A6M7 S.wuOrIr MAIM ti Gal A"T SecL ion 201 Tomilship 55 Noxth, Range 3 East, Bois; Meridian Pei State of Idaho Department of Water Resources WATER RIGHT LICENSE WATER RIGHT NO. 96-08811 Priority* August 9, 1994 Maximum Diversion Rate: 0.05 CFS Maximum Diversion Volume: 31.5 AF This is to certify, that JAMES WHITE PO BOX 158 CLARK FORK ID 83811-0158 has complied with the terms and conditions of the permit, issued pursuant to Application for Permit dated August 9, 1994; and has submitted Proof of Beneficial Use on November 7, 1995. An examination indicates that the works have a diversion capacity of 0.050 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 03/15 to 11/15 0.05 CFS 22.5 AF DOMESTIC 01/01 to 12/31 0.05 CFS 9.0 AF Totals 0.05 CFS 31.5 AF LOCATI_ON OF POINT(S) F DIVERSION: NWSW , Sec. 20, Township 55N, Range 03E BONNER County PLACE OF USE: IRRIGATION TWN RGE SEC ACRES ACRES ACRES TOTAL 55N 03E 20 NESW S NWSW 5 SWSW 1 SESW 1 12 Total number of acres irrigated: 12 PLACE OF USE: DOMESTIC, same as IRRIGATION use CONDITIONS OF APPROVAL AND REMARKS to 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 must be made within the limits of Section 42-222, Idaho code, or the applicable Idaho law_ 5. This right when combined with all other rights shall provide no more than .02 cf s per acre nor more than 3.0 afa pur,:aLe;re.,for. the lands above. �' 4 r PAGE 2 State of Idaho Department of Water Resources WATER RIGHT LICENSE WATER RIGHT NO. 96--08811 . CONDITIONS OF APPROVAL AND REMARKS 6. The domestic use authorized under this right shall not exceed 13,000 gallons per day per home. 7. Irrigation occurring under this right is limited to 1/2 acre within each platted subdivision lot upon which a home has been constructed and shall not exceed a total of 7.5 acres within the place of use described above in a single irrigation season. 8. Domestic use is for 15 hones within the Bear Claw Subdivision 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 s al and signature of the Director, affixed at Boise, this day of 19 Aict+ng for KARL J. DREH , DirectG Form No.217 FOR OFFICE USE ONLY 7/9is R ft I V E DAmt.of Fee$: Receipt No. J+3 N O V 0 9 1995 Receipt Ptmipted: 11 STATE OF IDAHO Imo r•iar,4 DEPARTMENT 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. 9� " �I / Telephone No. 2. Name(s) of Permit Holder(s): l 3. Mailing Address: Ay-& C&04�4 dC. 62uG -ZX, Pz�l J Q l 4. Source of Water. f� � ZJrZ,�� �, j , If GROUNDWATER (well), Date Drilled: mo. /yr. a.Well Driller:_2_lJr---k- '7�>/Zt cu a.Y' Drilling Permit Number: b. OPTIONAL: Pump Horsepower: Pressure (psi): Dynamic pumping level (ft): 5. Use(s) (as authorized by the water right permit): Domestic(No.of households): 4/S Stockwater(No.and type of stock): Irrigation (No. of acres): Other: 6. Total rate of diversion and/or volume for which proof is submitted: r 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 returned not checked accordingly,will be considered incomplete) Measuring Device: Is a measuring device required? Yes or No Has the measuring device been installed? Yes 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: $ (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 vy; V.s plc a Name: Telephone Number: Address: N O V 1 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 undev oiled portion of the permit to the State of Idaho. r-- Signature of permit holder: �- G��/y'��; Date: r hide your rnfe,if on behalf of com arty of organization} nnm WW State of Idaho Department of Water Resources Permit To Appropriate Water NO. 96-08811 Proposed Priority: August 9, 1994 Maximum Diversion Rate: 0.55 CFS This is to certify, that JAMES WHITE PO BOX 158 CLARK FORK ID 83811-0158 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 04/15 to 10/15 0.24 CFS DOMESTIC 01/01 to 12/31 0.31 CFS Totals 0.55 CFS LOCATION OF POINT(S) OF DIVERSION: NWSW , Sec. 20, Township 55N, Range 03E Lot 2( SESW) , Sec. 20, Township 55N, Range 03E BONNER County PLACE OF USE: IRRIGATION TWN RGE SEC ACRES ACRES ACRES TOTAL 55N 03E 20 NESW 5 NWSW 5 SWSW 1 SESW 1 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 January 1, 1996. 2. Subject to all prior water rights. 3. Prior to the diversion of water under this right a flow measurement port or other device as specified by the Department shall be installed to provide for the installation of measuring equipment and the determination of the rate of diversion by the Department. 4. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code. 5. A well drilled pursuant to this permit must be located at 1 500 feet from any existing well. Well spacing closer than 00 feet must be approved by the Department of Water Resources. F 6. Construction of the well must comply with Idaho well �r�, construction standards. 9 1994 7. 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. FrGE State of Idaho Department of Water Resources Permit To Appropriate Water No. 96-08811 ONS/RRMtARKS: Domestic use is for 45 homes. 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, Idaho Code. Witness the signature of the Director, affixed at Boise, this 7 day of j0ECGwc((W 19 . +� Re th ggi son, Director r� iJ r '0;f FQ 91,994 STATE OF IDAHO Ident. NO. r DEPARTMENT OF WATER RESOURCES SEP 121994 A � APPLICATION FOR PERMIT Department of Water Resourc"ro appropriate the public waters of the State of Idaho 1. Name of applicant James White Phone (208) 266-1123 Post office address P.O. Box 158 — Clark Fork, ID 83811 2. Source of water supply Two wells which is a tributary of 3. Locatio of point of diversion is 'A of 1/4 of SW' 1/4,Govt. Lot Sec. Township 55 N Range 3 1; 8 M Bonner County, additional points of diversion if any: Well No. 2 — rr, SE 1/4, SW 1/4 Section '&A Township 55 North , 1561se, Xerldian 4. Water will be used for the following purposes: Amount 0.31cffor domestic _ purposes from Jan 1 to Dec. 31 (both dates inclusive) (ds or acre-fe .-**M) Amount sfor irrigation purposesfrom April 15 to Oct. 15 (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) (cfs or acre-feet per annum) 5. Total quantity to be appropriated is(a) 'C�c 6ir and (b) ' cubic feet per second acre feet per annum 6. Proposed diverting works: a- Description of ditches, flumes, pumps, headgates, etc. Two wells with 75 gpm pumps 2500 LF of 6 in. diz., main and 4500 LF of 2 in. laterals and a- 50,000 storage tank b. Height ofVsdam feet; active reservoir capacity acre-feet; total DEC15 199 reservoir capacity acre-feet; period of year when water will be diverted to storage: Department of Water Resource$ to inclusive. c. Proposed well diameter is 8 in. inches; proposed depth of vv l"o 250 feet. d. Is ground water with a temperature of greater than 850F being sought?N No e. If well is already drilled, when? No Drilling firm ; -161 94 Well was drilled for (well owner) 7. Time required for the completion of the works and application of the water to be proposed benefici&l use is 0ne years (minimum 1 year). ai 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. _ households _ 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. NEIA Nw'i4 MIA sE'i. TWP RANGE SEC_ TOTALS NE'/4 NW'/4 SWIA SE'/. NEY4 NWIA SWIA SEY. NE'A NW A SW'/. SE'h NEY4 NW A SW'/4 sEIA 55N 3E 20 D D D 55N 3E 20 12 Total number of acres to be irrigated 12 10. Describe any other water rights used for the same purposes as described above. 11. a. Who owns the property at the point of diversion? James E. White b. Who owns the land to be irrigated or place of use? James E. White c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make this filing. 12. Remarks: The use is domestic and lawn and garden watering DEC 2 91994 • l'� �la • 1• 1 •biry'h �-�i k Mlh- ML- SMIR STQItAQC TANK EtfV.@a70 ® 3 d IOft Q � Q kl Q !+ ' WATER Z'WATER 2'WATER—2' WATER Ba WA © W, E w 3 £4'L�2270 .rt® f.1 R•�' VAT d'WATER £LE 3 4`9 C•J'� ® R w 6' p rroo11 A R $GCkle 1' = IQO ft " V w b 11 TI C"EWNT ON TNT P T 2' VATI 2-WATER 2' WATR 2'j ATER �Ta,� ftA M PG=`JELL I.PUMP g - et77 c r a. 90 RADIUS VELL LOr A. METER NANHQI-E n ALar rti S '�+ .�1�('1�� _.�— S-!f9•PIPE Sim'Nwma �L7 Y 4 „Vr ELF, (� SYAiIC PRfS°.� a.r �V «.� �i4fDRfWT fRESSUR[8 SoOU GPA uSTHWt P1MP cp[PA1P1G -'� E%ISTING INDIVIDUAL V— qw CWIW BQHAI�� � GEfIERAL � WAY ATE �'-� p�aq[f>'•/G aasAx sr.KK ST..MS L�`�O�LIfES 9vf AtlA6 T��s�YA -• air APPRBaIW[E- acrUAl LOGTIW �•PS BURT 0�`VRIG Range .� 'aQ�,se Mean il3},an �a,+ D.•,,.,,, 3 East, 0.c1 K.SEH Laywr h ve„ +' +n xomnship 55 North, � nre sa ra +w or Section Za> °"°" 90 00 13. Map of proposed project: show clearly the proposed point of diversion, place of use, section number, township and range number. I l 1 I I I I ! 50 I I I I ! ! I I I I I I ! I ! I I I I I I I I i I I I I I I I I t I I ! I I I I I �A C All d j l l I I WY, ti I I Cr¢4,--.5 v I I I f I I I I I ! I ! ! l I I I I I I I �� !•/y� i I 1 I I ! I I I --- --- I -- I I I --- I --- �'— --- 1 --- ----- - --I---- ---'---- ---i---- ---`----- I 1994 I I ! I I I I ! Scale:2 inches equal 1 mite. BE IT KNOWN that the undersigned hereby makes application for permit to appropriate the-aublic waters of the State of Idaho as herein set forth. �i[� (Applicant) rj , Received bV ia�- Date Y r q Time Preliminary check by A_ fi Sb y N pwv- to j Fee S I��" Reeeipted by # ��/ Date Publication pre aced by J�� Date ' Published i 34 Publication approved Date 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 ECEIVED Form 23 -7 STATE OF IDAHO USE TYPEWRITER OR 4192 AM 4 4 7995 EPARTMENT OF WATER RESOURCES BALLPOINT PEN I`v("-'%;'cUIUN ELL DRILLER'S REPORT ID w law quires 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 fill. JIM 1,011TE Static water level 89 . 5 feet below land surface. Address CLARK FORK, EDAM 8381.1- Flowing? O Yes n No G.P.M. flow Artesian closed-in pressure p_s.i. Drilling Permit No. 96-94-N-222 Controlled by: ❑ Valve ❑ Cap ❑ Plug 1� I__ ` ` Temperature °F Quality _ r n n[1 Water Right Permit No. lU Describe artesian or temperature tones below. 2. NATURE OF WORK 8. WELL TEST DATA ❑X New well ❑ Deepened ❑ Replacement ❑ Pump ❑ Bailer IX Air O Other ❑ Well diameter increase ❑ Modification ❑ 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 i ❑ Domestic ❑ Irrigation ❑ Monitor 9. LITHOLOGIC LOG ❑ Industrial ❑ Stock ❑ Waste Disposal or Injection gore De 3th Water KI Other SUBDIVISION (specify type) Diam. From To Material Yes No n F,1 4. METHOD DRILLED fi K7 Rotary EX Air ❑ Auger ❑ Reverse rotary 2 7 ' 31 " " " It " " " x O Cable ❑ Mud fI Other_ 31. 1 1 (backhoe,hydraulic,etc.) 81, 401 931 It " of " IT n It Rntilders , cobbles , 5. WELL CONSTRUCTION ' nilt , sand Casing schedule: T Steel O Concrete ❑ Other r Thickness Diameter From To � ' P _,q n inches A 5 1 flinches + ._2 feet 1 3 9 _ ri feet '( inches inches feet feet t n r P inches inches feet feet G Was casing drive shoe used? X1 Yes ❑ No Was a packer or seal used? ❑ Yes EX=No Perforated? O Yes EX No How perforated? ❑ Pactory ❑ Knife O Torch ❑ Gun Size of perforation? inches by inches Number From To perforations feet feet perforations feet feet _ perforations feet feet Well screen installed? ❑ Yes IN No 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 Gravel packed? 1:1 Yes ❑ No O Size of gravel Placed from feet to feet r - Surface seal depth 40 katerial used in seal: IX Cement grout ` ❑ Bentonite ❑ Puddling clay ❑ Sealing procedure used: D Slurry pit [_X Temp. surface casing EX Overbore to seal depth J c Method of joining casing: ❑ Threaded W Welded EJ Solvent Weld ❑ Cemented between strata 10 Describe access port BF-MOVABLE LID Work started 3 $ 9 5 finished.�3 114/9 5 6. LOCATION OF WELL 11. DRILLER'S CERTIFICATION , Sketch map location must agree with written location. I/We certify that all minimum well construction standards wer- N B E A R C L AW complied with at the time the ri Subdivision Name p� 9 was removed. -y W E- -- Firm Name Ruen RT-i 1 -Picm No. 47.1 _ �___;__ Lot No_ BIDck No. Address C_lark Fork , I D Date '1-2 9_95 • ; t s County _ flf)NNl_ll R j Address of Well Site tJfl11 f iI 0F 11 'rI'! >I.)17 Signed by Drilling Supervisor (give M least name of road) and T 5 5 Noll or S ❑ �J 1 ; tJ , ;'r t ; (Operator) /4 /a Sec_ , R. E l or W ❑ (ff ifferenf than thelDriArng Supervisor) r,^r nr�nr-rrnrn, r`, rr7� ,r ►,•-,..-...-.nr.,, r-...,..,r..r. r,.r , ....T.- (.,,.-.., Tn -rr,r nrr.nnr...-„r State of Ido 0 DEPARTMENT OF WATER RESOURCES ■ 1301 North Orchard Street, P.O. BOX 83720, Boise, Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 August 13, 1997 PHILIP E.BATT GOVERNOR KART.I DREHER DIRECTOR JAMES WHITE PO BOX 158 CLARK FORK ID 838110158 RE: WATER RIGHT NO. 96-08811 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 partypet_itions for reconsideration or files an exception andjor 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. 1 0 ORAL ARGUMENT 0 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 beed within twenty-eight (is days of this preliminary order oming final. See section -5273 , Idaho Code. The filing of an appeal to district court does not itself stay the effectiveness or enforcement of the order under appeal. Sincerely, /Ajh_�4A] 6��- '--K�� Shelley Keen Water R' is Supervisor SK:klt Enclosure CERTIFICATE OF MAILING I hereby certify that on the 13th day of August, 1997, 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. 96-08811 JAMES WHITE PO BOX 158 CLARK FORK ID 838110158 Kari Lynn Townsend Secretary MEMORANDUM DATE: August 8, 1997 TO: Water Right File FROM: Shelley W. Kee ` RE: Conversation with James White Last week James White called to discuss the letter I sent him on 7/23/97. He told me that there are only a couple of homes currently on the water system in the Bear Claw Subdivision. He anticipates having to drill and connect a second well to the system when approximately 12 homes have been connected. The development is growing slowly,with about one new home per month. I told W. White that when permit 96-08811 is licensed it will not cover the entire subdivision, nor will it authorize diversion from more than one well. I suggested that his best course of action will probably be to file an application for a new water appropriation permit as he approaches the point when a second well is needed. The number of homes and acres recommended for licensing under 96-09811 are based on the following: 0 0.05 cfs * 365 days * 1.98 = 36.2 of total annual capacity • Fifteen homes at 0.6 of per home and 7.5 acres (half an acre per home) at 3.0 of per acre results in a volume of 31.5 af, which does not exceed the annual capacity. • I am recommending a permissible place of use for the irrigation use because it is not possible at this stage to discern which lots will be developed next. Allowing 7.5 acres within a 12-acre ppu will allow for development of lots anywhere within the subdivision. KAWRMEMOSW6098 11.DOC State of Ida* 0, DEPARTMENT OF WATER RESOURCES 1301 North Orchard Street, P.O. BOX 83720, Boise,Idaho 83720-0098 Phone: (208) 327-7900 FAX: (208) 327-7866 PHILIP E.BArr July 23, 1997 GOVERNOR KARLJ.DREHER DIRECTOR JA vMS WHITE PO BOX 158 CLARK FORK ID 838110158 RE: Water Right No. 96-08811 Dear Mr. White: I am reviewing the field examiner's report in preparation for issuing a water right license for the development under permit 96-08811, which was issued to you in 1994 for water use within the Bear Claw Subdivision in Bonner County. Before the license is issued, however, there is an item that you may want to address. Normally a water right license can reflect only the development that occurred during the development period authorized by the permit. With subdivisions, however, IDWR will issue a license for the permitted diversion rate and number of homes if the diversion and distribution systems to accommodate that rate and number of homes are constructed by the end of the authorized development period. The reason for this approach is to eliminate the need for a new water right filing every time a lot is sold and a new home is constructed, which may occur repeatedly over many years before all the lots are occupied. Permit 96-08811 authorized you to develop up to 0.55 cfs of ground water for in-house domestic use in 45 homes and for the irrigation of twelve acres of lawn and garden. IDWR's field examiner reported that lines are in place to serve water to 44 connections, but only one well capable of producing only 0.05 cfs is in place. The examiner did not report exactly how many homes have been constructed on the lots in the subdivision, but the photographs give the impression that there are only a few. In addition, Idaho Division of Environmental Quality regulations require a minimum of two wells for new community water systems serving more than 25 homes, so I am assuming that fewer than 25 homes have been built. Even with your 55,000 gallons of storage capacity, a pumping capacity of 0.05 cfs is not enough to provide in-house domestic water for 44 homes and to irrigate 12 acres. This leaves the question of just how much beneficial use can be recognized on the license. One option is to issue the license for the in-house domestic use only, without recognizing any irrigation use. Another option is to issue the license for some combination of irrigation and in-house domestic use that would not cover the entire subdivision but would reflect the pumping capacity you have developed. KANAMELTRS%W HrTE.DOC James White July 22, 1997 Page 2 Before the department determines how your water right license should be configured, I thought you night appreciate the opportunity to comment and/or supply additional information relating to the this matter. I will appreciate hearing from you within 30 days. If you have any questions, please contact me at 209-327-7946. Respectfully, Shelley Wal Keen Water Rights Supervisor K:WAMELTRSIW H1TE.DOC 0 0 SD-4110 Idaho Department of Water Resources Date: 07/02/97 Well Log Screen I Time: 16:32:38 Drilling Permit Number : 96-94-N-0222-000 5, Well Construction Information: B. Construction Method: ROTARY AIR Surface Casing Diameter : 8 In. Depth of Casing: 140 Ft, Screen Installed? (Y/N) N Static Water Level : 90 Ft. Closed-In Pressure: PSI, Temperature: Production Rate: 43.00 G.P.M. Total Depth: 142 Ft. (Enter=Exit) (GOLDS=Cancel ) x . Form 219 0 9 R C E I V E D STATE OHDAHO DEPARTMENT OF WATER RESOURCES JUN 1 BENEFICIAL USE FIELD REPORT De]^3&ent of Water Resources A. GENERAL INFORMATION Permit No. � 1. Owner: Phone N6-�06 �6 b —142 3 Current Address: ?327 Z 2. Accompanied b : ILIEEXAM DATE :1-7 fit— 3.6 Address: cto Phone No. Relationship to ermit Holder: 3. Source: ; tributary to 1 B. OVERLAP REVIEW 1. Other water rights with the same place of use: 0 3005Z -76- 2. Other water rights with the same point of diversion: YL 0 U21 C. DIVERSION AND DELIVERY SYSTEM 1. Point(s) of Diversion: Ident Gov't No. Lot 1/4 1/4 1/4 Sec. Twp. Rge. County Method of Determination/Remarks �� W o20 Q�� �aRfi�P (/ ',�- �J• . .�l�t'1!�. cJ 14 I J 2. Place(s) of Use: Indicate Method of Determination TWP RGE SEC NE NW SW SE Totals NE NW sw SE NE NW SW SE NE NW SW SE NE I NW SW SE 0 � `� 3. Delivery System Diagram: Indicate all major components and distances between components. indicate weir size/ditch size/pipe Ld. as applicable. .............. ........... .................................... ............. ............. ............. ............ ............ .............I............. ............. ............. ................ ----------- ----- ----------- ............. ............. ............ ............ ........... ............ ............ ............. .......... ............. .......................... ............. ........................... ...... ............. .......................... ............. ............. ............ ... ... ...... ................... ............. ..... ........ ....... . .......... ........... ....................... ............ ....... .......................... ............. .............l.............. .......................... ............. P. ............ .......... ......................... .......................... ........................................ ...... ......................... ............................ ............. ............ - ----------------------- ------------------------- ............ ............. ............ ............. ............. ............. ............ .......................... ............. ........... ............. ............. ............. P scow 11- Copy of USGS Quadrange Attached Showing location(sf of Aerial Photo Attached Photo of Diversion and 8yatern Attached point{&)of diversion and place(s)of use(required). (required for irrigation of I D+acres) 4. Well or Diversion Pump Serial No. or Identification No.* Motor Make Hp Motor Serial No. Pump Make 'scharge Size 7.S— ;t t Z2 01M fO "Code to conespand%ft No.an YYW wdae PhOW D. FLOW MEASUREMENTS 1. Measurement Equipment Type Make Model No. Serial No. Size Calib. Date 2. Measurements: 10 qF E. NARRATIVE/REMARKS/COMMENTS Have conditions of permit approval been met? Oyes _ no F. FLOW CALCULATIONS Additional Computation Sheets Attached Measured Method: cI re�,t� ,A- ,V� ` D �C .3 G. VOLUME CALCULATIONS 1. Volume Calculations for Irrigation: V,.R = (Acres Irrigated) x (Irrigation Requirement) = f "1C 3 VD.R= [Diversion Rate (cfs)] x (Days in Irrigation Season) x 1.9835 V = Smaller of V,.,, and Vp_R. _ , 4V 2_ Volume Calculations for Other Uses: H. RECOMMENDATIONS 1. Recommended Amounts Beneficial Use Period of Use Rate of Diversion Annual Volume [VLA4— From To O (cfs) Y (afa) f�' • 6 .r ,--2`/ 3 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. 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AC ry n '•Wn a my .a.Ac //''►► a'mm Ira.. u� 1 e b�w v 1Q�PtIo" S 'y/ fe39>ryt - Gly "�1<.,r•I. . .r ¢ aEAR ctaw � SU80NISi0N SM COyMER SEC.2P I O s I/1 SEC•20q.� ran 2-T/ A<4•f -I COXLRATM Mom A RCCORD Sr.mOMr ra7r, s19 LS 939.CPS ft=, OF S VC`f In PI.S 6107 JG wr r•,1e66 1, m =a sm rlawa2.3rr 2O.4.37R I 929 •tt I' � / , � " ,, �� a�-�r• q ,�. -- " �' .c�� � set i+`' �` � �i�� 4 4.. �_,s '� ._�, �' - - - ^ii - $. ,i t _ ��■ _rv� �4y:� f �� d i':� r �� ,�>° � � .'� a r.r Y ..Y.. .� '� '�.� .•�, ;* j j N, _ -� .. �. ti.p.y .. _ �• ��F• •. ._ .�t' + � I womb- in ="Vol b _ • �.�tj.• f f b ~#. ,T• ; + , r MOIL ff WMA op !• - I ��� w4y 0 ANALYSIS SHEET 0 FOR PROOF OF BENEFICIAL USE Permit No. " D FS1 Reviewed b Date ��f GENERAL CONSIDERATIONS PES OF USE G 5 Name same as permit? ut'� Address same as permit? S Proof timely received? Correct Uses? � If not, complete calculation below. SOURCE OF WATER Surface water source V GrouM water source 5 Drilling permit required? n o Copy in the file? Drilling Permit No. Z U o-G Amount paid for permit -S Correct? n o Well log in the file? LICENSE EXAMINATION FEE MEASURING DEVICE Required? Uc, S Required? Amount Submitted Installed? Correct? Waiver requested? PRIORITY CALCULATION Date proof received Date proof due - No. of days late = Priority Date + New Priority Date DEFICIENCIES OR ACTION ITEMS r DATA ENTRY New Address Proof Made /dry 7y9S State of Ids 0 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 KART.I DREHER DIRECTOR November 17, 1995 JAMES WHITE P O BOX 158 CLARK FORK ID 83811 PROOF ACKNOWLEDGEMENT LETTER RE: PERMIT NO. 96-08811 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. Please be advised that one of the conditions of your water right permit requires that the permit holder install a flow measurement port to facilitate measurement of water (refer to condition ## 3 of your permit) . This condition must be complied with before the license exam, or you can request in writing, a waiver of the condition. 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, LIE L. YARBROUGH Senior Secretary c: IDWR - Region ft Q Nov.1 6 19 --- �.'elebri i;.g Our Centennial Year of Service to Idaho 195-1995 -- October 31, 1995 JAMES WHITE PO BOX 158 CLARK FORK ID 838110158 PROOF DUE NOTICE RE : PERMIT NO. 96-08811 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 January 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 CERTIFIED MAIL State oaho 46 DEPARTMENT OF WATER RESOURCES 10 1301 North Orchard Street, Statehouse Mail, Boise, Idaho 83720-9000 Phone: (208) 327-7900 FAX: (208) 327-7866 CECIL D. ANDRUS GOVERNOR R. KEITH HIGGINSON DIRECMR December 27, 1994 JAMES WHITE PO BOX 158 CLARK FORK ID 83811-0158 PERMIT APPROVAL NOTICE RE: PERMIT NO. 96-08811 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. If a well has not already been constructed you are required to obtain a "drilling permit" from the department. The right to drill a well is not a part -of this permit to appropriate water. Sincerely, M JO N, Manager Water ht Permits Section JJ:dc Enclosures r 9 799 APPLICATION FOR PERMIT STATE OFFICE REVIEW by Cindy Zimmerman No. : �$8 lk Name: VJ VT�_ Date: ! 1. Correct Fee?"/ AREA OF CONCERN? - No/Yes Mor GWMA Trust/Non-trust SYSTEM COMPLETED: No - 24_A-P17 Complete in 1 year - , 16 Yes Proof not submitted - P16 Proof submi ted - NA GROUNDWATER: � fld t s + 0.2 cfs <FLO-CH> - ?01G (new) , 01K (existing) , No MD - 0.2 cf s - 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 (post 7/1/87) SURFACE WATER: not in WD - T17 (+.2 w/pump) , MD <FLOW CHART> LOCATION: Water District(dem) - 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 - <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) �5A Irrigation - O-aA/057, 803 (if GW use SW 1st) PU comp) , NA Power - 08A-17K-025-027 (req) ; 01F(MD) -P19; 09E(WQ) -P10; +25 cfs-P18; 17G(FERC) or 17M(FER@) ; 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: - Q w o�i{3���.. BENEFICIAL USE DUE: - 1 -1-199_ COMMENTS: - 4 MEMORANDUM DATE: December 13, 1994 TO: File No. 96-08811 FROM: Cindy Zimmerman SUBJECT: Copies Per telephone request from the acting engineer on this project, please send copies of approved permit to: Richard Tucker or Mark Yarlott Tucker Engineering 617 Church St Sandpoint ID 83864 DEC 2 No. a DEPARTMENT OF WATER RESOURC ft 4/87-06/92n APPROPRIATION APPLICATION ANALYSSIS SHEET APPLICATION # P-/�' -D r wwwwwww*wwwwwwwwwwwww*wwwwww*wwwwww INITIAL REVIEW *wwwwwwww ,t**w*w*w*Wwvrw***w*wwwww** **** APPLICANT: Lam, ( BY: DATE: ITEM REQUIRED INFORMATION PROCESSING 1. {x) Name and Address Yes No PRIORITY DATE: 2. Source 3. { ) Point of Diversion & County (Include Moratorium Remark) 4. { Quantity ()C) Nature of Proposed Use )` Statewide Avertising: (Diversion rate { Period of Use greater than 10 cfs or 1,000 af) . 5. ( Total Quantity 6. ( Description of diverting works '��— 7. ( Time required for b/u 8. ( ) Proposed use ADVERTISE IN: �;a f' u nt- County. 9. Place of use or acres irrigated 10. Other Water Rights 11. (Q Ownership 13. ()G Map LETTERS SENT REQUESTING: ()c) Signature If, f Fee (Amt, recpt, acknowiegment) { } Dam Information ( ) Fish Information *** Send info sheet Y( ) N( } ( ) Power Information ( ) Other: ADDITIONAL, INFORMATION Yes No INFORMATION RECEIVED: 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 # wwwwwwwwwwww*wwwwwwwwwwwwwwww*wwww GROUNDWATER SECTION w*wwww*wwww*****w** wwwwww*www*** (Yes) ( NO) Checked by: / Groundwater management area Remarks: Critical ground water area _ Well Drilling Permit required D E C 15 1994 Well Drilling Application and Fees received Well Drilling Application approved? Department of Water Resources Well Drilling Application Number - - wwwwwwwwwwwwwwwwwwwwwwwwwww FINAL REGIONAL PROCESSING/REVIEW wwwwwwwwwwwwwwwwwwwwwwwrwwwwww (Yes) ( No) Notice of pending void order issued. Final order response date: _ Further information required from applicant f OS ffidavit of publication received a Application published correctly, If not, record action taken: Publication dates and paper rec ded on applic ion Sr. Agent initial Protests received. Final protest date: #rd//91 _ *,S" easuring device required easuring port requiredcial conditions: VOW- In Special conditions of approval ement an o letter attached: 4ff 5 E P 121994 Approval Recommended by: pj�vDate: Department of Wader Resourcu T AFFIDAVIT OF PUBLICATION State of Idaho ss. NOTICE OF CORRDMIM NOTICE IS HEREBY GIVEN THAT ATION FOR PERMII' County of Bonner, No a the name James /f x 158,Clark Fork ID 83811 was incorrectly advertised on emg first duly sworn on oath 8/18&25/94. The Water Right number was incorrectly advertised as 96-0811. deposes and says that-be/she is Hoar p ppm whereas correctly it should read 96- W811.The points of diversion were incorrect'advertised as SENWSW of the Bonner County Daily Bee, a newspaper printed and Sec. 11,T 55N, R 03W in BONNER County, and NWSESW Sec. 11 T 55N, R 03W in BONNER County; published at Sandpoint, Bonner County, Idaho; that'fhe j`� whereas, correctly it should read NWSW Sec. 20 T 55N R 03E in BONNER County, and SEW, Gov't said newspaper has been continuously and uninterruptedly Lot 02, Sec. 20, T 55N, R 03E in BONNER County.Also,Total Diver- sion was incorrectly listed as .93 published in said Bonner County during a period of 12 read whereas, correctly it should read.55 CFS. (For additional information con- months prior to the first publication of the hereto attached cerning the property location,call p p , the Northern Regional Office at 789- 1450.) Any protests against the approval notice of publication in the case of: of the above-referenced correction must be filed with the applicant and Notice. D Cwftection with the Director, Dept. of Water - — Resources, 1910 Northwest Blvd., Suite 210, Coeur d'Alene, Id. 83814, together with a protest fee of$25.00 on or before November 21,1994. R.KEITH HIGGINSON,Dir. as it was published in the regular and entire issue of the SNP#6459Nov3,10,1994 said paper for a period of 2 consecutive weeks, commencing on 3 day of Nov , 19 94_._� and ending on the 10 day of Nov , 19 q4 and that said notice was published in said newspaper. On this 1 I day of Nov in the year of 1994 before me, a Notary Public, personally appeared Jean Conachen known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to m ,that he executed the same. 7111 Notary Public fo4daho Residing at ',:` `v. of$Trd'y 4 r My commission expires:—6/6- DEC 2 0 0 NOTICE OF CORRECTION --� NOTICE IS HEREBY GIVEN THAT APPLICATION FOR PERMIT NO. 96-08811 in the name James White, P. 0. Box 158, Clark Fork, ID 83811 was incorrectly advertised on 8/18 & 25/94. The Water Right number was incorrectly advertised as 96-0811, whereas, correctly it should read 96-08811. The points of diversion were incorrectly advertised as SENWSW Sec. 11, T 55N, R 03W in BONNER County, and NESESW Sec. 11 T 55N, R 03W in BONNER County; whereas, correctly it should read NWSW Sec. 20 T 55N, R 03B in BONNER County, and SESW, Gov't Lot , Sec. 20, T 55N, R 03E in BONNER County. Also, Total Di ersion was incorrectly 1 e as .93 CL correctly it sho read 5 CFS. (For adnformatio oncern'ng the operty location, call the Northernffice at 769-1450. ) Any prot the approval of the above-referenced correction must be filed with the applicant and with the Director, Dept. of Water Resources, 1910 Northwest Blvd. , Suite 210, Coeur d'Alene, Id. 83814, together with a protest fee of $25.00 on or before November 21, 1994. R. KEITH HIGGINSON, Dir. Published in the Bonner County Daily Bee on 11/3 & 10/94. iN' '• a ''. RECEIVED �.. OCT 2 0 1994 Tucker Engineeriri ee���arn s 617 CHURCH STREET • SANDPOINT. IDAHO. 83864 • 263-8558 SURVEYING • STRUCTURES • WATER AND SEWER SYSTEMS October 18, 1994 State of Idaho Department of Water Resources Northern Region Office 1910 Northwest Blvd. - Suite 210 Coeur d'Alene, ID 83814-2615 ATTENTION: Allan Beardsley RE: Bear Claw Subdivision- James White Application for Permit for two wells Enclosed find the above referenced permit application and re-advertising application fee for the proposed wells. If you have any questions, do not hesitate to contact me. Very truly yours, TUCKER NGINEERING CONSULTANTS ichard C. Tucker, P.E. Civil Engineer Enclosure cc: File '.9 MEMORANDUM Date: October 10, 1994 From: Jim Johnso To: Bob Haynes subject: Review of Application No. 96-08811 Normally I call you before I send anything back, however, Cindy informs me that Alan called and requested returning this application. I am curious why this application was sent to the S. 0. with the note to Alan that an error was found by one of your staff and no follow up was apparently taken? See blue note stuck to application. Also, SESW, Section 20 is Government Lot 2 . I didn't find on the staff review sheet where a check was made for Government Lots. MEMORANDUM DATE: October 5, 1994 TO: Bob Haynes, Northern Region THRU: Jim Johnson FROM: Cindy Zimmerman SUBJECT: Review of Application for Permit No. 96--08811 During the review of this application, I noted the following discrepancies. a. The application identifies the location of the two points of diversion within SENWSW & NESESW, S11, T55N, R03W and the place of use within the SW, S20, T55N, R03E. Per telecon with Richard Tucker of Tucker Engineering (who completed the application) , the two points of diversion as identified on the application are incorrect; the correct points of diversion are within SENWSW & NESESW, S20, T55N, R03E. b. The application identifies that the points of diversion and place of use are located on land owned by the applicant. However, the USGS topographic map (enclosed),_dentifies that a large portion of this development is located within the See. boundaries of the Kaniksu National Forest. PK"s C. The application identifies domestic use for 47 homes. The subdivision plat map that Mr. Tucker faxed to me (also enclosed) identifies 45 residential lots, a common area, and an area identified as "Not part of plat" . I noted that the plat map identifies residential lots but does not identify lot blocks. I am returning the application to you for confirmation of my review and per ALj?skn's telephoned request. If my review is correct, please make the necessary changes on the application and maps (you can use the maps I made) . I am not sure if you will want the application to be amended and re-advertized. Thanks, y. �+': ��� ..•`ate 511 t� �. T` .. y� S, - a� ?' .ry . '. � <. i . ." t t• fir.;: W. tn 40 pe ■ p ��Y1:off r.•. y No `•I.IIJ4 �. .. . � •�' .d* .�-� `,�tr'a''f?��1�{ilk ��I�r � +�.� -.y{'�'✓}• e A! P. 01 FAX From: Richard C_ Tucker Date: October 5, 1994 10: Cindee Zimmerman Time; 11 A9 AM Company: Idaho Department of Water Resources FA?C#: (208)327-7866 Message: James White: Application for permit-96-08811 SIil u��s�e, PUT 1 YOKE, (208) 262-8558 FAX- (208)263-5522 ., .+ h i C LO (L, ►iATLR ¢�DATER ) V' T •K3 L 6 VATER 1, f ;IGP1i3 S' � fh0 fM; � d 2'YAR 4A� CgOPOiEP WELL 0 1'l7NP A��4" ELCV.M: r M*RAOW1 tiTL7 .LUT 197M iVJfiq..J: ��� [I.LK isle° c"00 — 11Y PIPE 'JJ Jam, VAIEe FLI Y I7fE IL1YWMnY{I 1�a 611E YN'�E `�,' `^,• .' MAL -IiT W� Ff C 1110 TM VIIIC 1 PAUP MIER 15N ! ° q fiYl1T LXfSY]Nri]ff[II.VlIAIPL VELi W UHM XF FDO RUM-U-VAI Wi _ W1L /EIII[af elk'v61 7C kRCf°ll .....•.•�• AG GSRWAL LAWVr aactioa 20, TOMS ip 55 North, Range 3 East, Bois meridian Ue.Y1MC eRA,N4S di pFL[k t1• fxl ,.._aa,inee�amrt 4YYT�YPJI wr sw MEMORANDUM DATE: October 5, 1994 TO: File No. 96-08811 FROM: Cindy Zimmerman SUBJECT: Telephone Conversation ----------------------------------------------------------------- Today, Richard Tucker of Tucker Engineering (208/263-8558) telephoned inquiring of the status of the above application. His firm prepared the application. He confirmed that an error existed on the listed legal description of the points of diversion. The correct legal description of the two points of diversion is SENWSW & NESESW, Section 20, T55N, R03E. Mr. Tucker will fax the subdivision plat map to confirm the location of the points of diversion. 5,S I explained to Mr. Tucker that the application w+3l need to be amended and readvertised. DEC 2 9 i?9 s NOTICE OF AF.IE'II N 96.08812 FUR WA1F3t RI SOU?AS!®E WATER AND SEW- following applicatkm(s) have- ER DISLRiCT A=FIDA'VITOF PUBLICATION been filed to appropriate the public. I'OBQXD waters of the State of Idaho: SANDPOINT,ID 83WA 9F-08805 Source: GROUNDWATER State of IdahoST=S;'I'FIOMA.SI Diversion Pt: SWSWSW Sec 3 T P 0 BOX 144 56N R 02W in BANNER County. CLARKFORK,ID M811 Use:IRRIGATION (1.090 CFS) ss. Source:GROUNDWATER -DOMESTIC(870 CFS) Diversion Pt:SWN]3 Sec 29 T 55N Total Diversion:(1.760 CIE) R WE in BONNER County Date Filed:8/9/1994 County of Bonner, s ,Use:DOMESTIC G040 CFS) In:BONNER County Total Diversion:(040 CFI 1'56N R02W S03 WWNE SWNE Date Filed:7/29/1994 NENW SWNW being first duly sworn on oath In BONNER County SENW NESW NWSW T55N R03E S29 SYVAIE:. SO4 NENE NWNE SENE NESE deposes and says that#e/she is NMS,Cam, T57N R02W S33 NESW SESW 600 ELMIRA ROAD': �S34 SESW NESE SWSE SESE SANDPOINT.ID 82WA S35 NESW NWSW SWSW SESW of the Bonner County Daily Bee, a newspaper printed and Source: UNNAMED STREAM 51.0 ACRES TOTAL Tributary:DEEP CREEK For additional information con- , Diversion Ft SENE Sec 16 T 59N cerning the property location, call published at Sandpoint, Bonner County, Idaho; that the ;R01WinBONNERCounty the Northern Regional Office at Use:IRRIGATION(.060 CFS) (208)769-1450. STOCKWATER(.020 Cm The permit(s)will be subject to all said newspaper has been continuously and uninterruptedly F Total pDiver Bon:(.0 4 CFS) priot water rights Protests must be F Ia BONNER CountyDate filed with the applicant and with the Director,Dept. of Water Resources, i published in said Bonner County during a period of 12 T59N R01W S15 NVVN W Northern Region, 1910 Northwest i 96-088 Blvd., Suite 210, Coeur d'Alene, -SUGDEN,RICHARD Idaho 83814,together with a ppr�otest months prior to the first publication of the hereto attached ; `jACKSON WYS3001_ fee of$25.00 on or before AR M- ' Source: LAKE PEND OREILLE BERG;1994. 'Tributary:PEND OR)a:Ii.LE RIVER R.ISETH I HIGGINSON, notice of publication in the case of: Director i Diversion Pt: NWNE Sec 3 T 56n sR 01E in BONNER County. .SNP#6294 Aug 18,25,1994 Total DOMESTIC 09 a GFS) - - Date Filed:7/26/1994. e In:BONNER Coun -T56N R01E S03 AtYN i 96-0880 �� a, ��V E_��: as it was published in the regular and entire issue of the ` IrowmBEN t� 75 EAST FIELD DRIVE n ROLLING HIIIS,CA 90274 said paper for a period of � consecutive weeks, ' Source: PEND OREILLE LAKE 6 �� Tributary PEND OREILLE RIVER ' Diversion Pt:SWSMr Sec 34.T 57N �� day of , 19 iR 01E in BONNER County I p W R commencing on y Use:DOMESTIC(040 CFS) Total Diversion: (.040 CFS) i and ending on the day of _� , 19 Date Filed:7/26/1994In:BONNER County T57N R01E S34 SWSW and that said notice was published in said newspaper. �LOREN R HCR 953 On this day of in the year i CLARKFORI(,ID MII Source: SPRING.CREEK Tribu- itary:I IGHTNING CREEK Diversion Pt:.SESE Sec 22 T 56N of before me, a Notary Public, personally ;R02Ein BONNER Coianty Use:IRRIGATION(„200 CM STOCKWATER(,040 CFS) appeared DOMESTIC (.04o cis) " Total Diversion:(.200 CFS) person whose name Date Fried:8/9/1994 known or identified to me to be the P In BONNER Caant;r 756N R02E S22 SESE RESTOTAL subscribed to the within instrument, and being by me first g6-0,9111 0 BOX duly sworn, declared that the statements therein are true, i CLARKFORKW&WIf Source:GROUNDWATER and acknawled 4Notary e that he executed the same. Diversion Pt: SENMFSW Sec 11 T cs +55N R 03W in BONNER County I NESESW Sec 11 _, 55N *03W in BONNER County%ub is far Idaho ., Use:EMGATION(.240 CFS arc DOMESTIC(.310 C FS) Total Diversion: (93+0 CFS) Residing at .�/� Date Filed:8/9/1994 9 WSWSESW n:BONNER County In: R03E S20 NESW NWSW P,ly commission expires: Z�UU _ 1 CRESTOTAL State V&aho ft DEPARTMENT OF WATER RESOURCES NORTHERN REGION, Suite No. 210 . 1910 Northwest Dlvd. • Coeur d'Alene, Idaho 83814-2615 IL (208) 769-1450 Fax (208) 769-1454 CECIL D.ANDRUS R- KEITH HIGGiNSON (ARWst 11, 1994 Director James White P.O. Box 158 Clark Fork, ID 83811 Subject: Water Appropriation Application for Permit Number 96-08811. Dear Mr. White: 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 N008029. 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 our 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, n ALLEN BEARDSLEE Senior Water Resource Agent Eno.. - Receipt 1994 96-08811 WHITE, JAMES P O BOX 158 CLARK FORK, ID 83811 Source: GROUNDWATER Diversion Pt: SENWSW Sec 11 T 55N R 03W in BONNER County. NESESW Sec 11 T 55N R 03W in BONNER County. Use: IRRIGATION ( .240 CFS) DOMESTIC ( . 310 CFS) Total Diversion: ( .930 CFS) Date Filed: 81 9/1994 In: BONNER County T55N R03E S20 NESW NWSW SWSW SESW 12 .0 ACRES TOTAL RECEIVED F AUG9 1994 Tucker Engineering Consultants °,WDWR :��` fit 7 CHURCH STREET • SANDPOINT, IDAHO, 83864 • 263-8558 SURVEYING • STRUCTURES + WATER AND SEWER SYSTEMS August 5, 1994 State of Idaho Department of Water Resources Northern Reigon Office 1910 Northwest Blvd - Suite 210 Coeur d'Alene, ID 83814-2615 ATTENTION; Allan Beardsley RE; Bear Claw Subdivision - James White Application for Permit for two wells Enclosed find the above referenced permit application and application fee for the proposed wells. If you have any questions, do not hesitate to contact me. Very truly yours, TUCKE GINEERING CONSULTANTS P.ichard C_ Tucker, P.E. Civil Engineer Enclosure RCT/cfw cc: Homor O'Bier File