20060106Resp staff request 10 att 1, 2, 3.pdf

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john A. Rosholt
Albert P. Barker
john K. Simpson
Travis L. Thompson
Shelley M Davis
BARKER
ROSHOL T
SIMPSON
LLP
113 Main Ave. W., Suite 303
O. Box 485
Twin Falls, 1083303-485
[phone] telephone
[phone] facsimile
jar(Widahowaters.com
Travis L. Thompson
tlt~idahowaters.com
205 N. Tenth St.. Suite 520
O. Box 2139
Boise, 10 83701-2139
[phone] telephone
[phone] facsimile
brslW.idahowaters.com
August 12, 2005
Kent W. Foster
Holden Kidwell Hahn & Crapo, P .L.L.C.
1000 Riverwalk Dr., Suite 200
Idaho Falls, Idaho 83405
Re:Falls Water Company, Inc. Application for Permit No. 25-14114 / Settlement
Agreement
Dear Kent:
Please find enclosed the original Water Right Protest Future Applications for Permit
Agreement that has been executed by Twin Falls Canal Company. Please have Scott Bruce sign
the agreement on behalf of Falls Water. Also, I have included the Stipulation to Withdraw
Protest for you to sign. If you would return both documents to me I will have North Side Canal
Company (they still need to approve the agreement at their board meeting) sign the agreement
next Friday. I will then sign the stipulation and file both documents with IDWR.
I have discussed our agreement with Matt Howard and it is Reclamation s intent to
simply file a withdrawal of their protest after we have executed and filed our agreement. Thank
you and your client for being patient with this matter. Although it took some time I believe the
agreement is beneficial for both parties and for the future health of the aquifer.
Sincerely,
BARKER ROSHOL T & SIMPSON LLP
Travis L. Thompson
Ene.
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Kent W. Foster, ISB #1198
Holden, Kidwell, Hahn & Crapo, P.L.L.C.
O. Box 50130
1000 Riverwalk Dr., Ste. 200
Idaho Falls, Idaho 83405
Telephone: [phone]
Facsimile: [phone]
John K. Simpson, ISB #4242
Travis L. Thompson, ISB #6168
Barker Rosholt & Simpson LLP
O. Box 485
113 Main Ave. West, Suite 303
Twin Falls, Idaho 83303-485
Telephone: [phone]
Facsimile: [phone]Attorneys for Applicant
Falls Water Company, Inc.Attorneys for Twin Falls Canal
Company and North Side Canal
Company, Protestants
BEFORE THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF IDAHO
IN THE MATTER OF APPLICATION FOR
PERMIT NO. 25-14114
(in the name of Falls Water Company, Inc.
STIPULATION TO RESOLVE PROTEST
Falls Water Company, Inc. ("Falls Water ), by and through its attorneys of record
Holden, Kidwell, Hahn & Crapo, P.L.L.C., and Twin Falls Canal Company and North Side
Canal Company (hereinafter "Canal Companies ), by and through their attorneys of record
Barker Rosholt and Simpson LLP, hereby jointly file this Stipulation to resolve the protest in the
above captioned matter. The reasons for this Stipulation are set forth as follows:
Falls Water filed application for permit number 25-14114 on August 26, 2004 and was
later amended on March 15 2005. The applicant seeks by such application to divert 9.56 CFS of
ground water for municipal purposes to provide water to connections within its service area in
Bonneville County, Idaho. Falls Water s application seeks a diversion of ground water from the
Eastern Snake Plain Aquifer ("ESP A") to increase its pressure rate throughout its system during
peak water demand periods and an additional 0.92 cfs for "in-house" culinary use associated with
STIPULA nON TO RESOLVE PROTEST
an additional 500 homes. The Canal Companies protested the original application on October
, 2004.
Counsel for Falls Water and the Canal Companies have resolved the protest on the basis
of this stipulation as well as a separate agreement signed on August _2005. See Exhibit A.
The agreement acknowledges certain commitments and mitigation requirements to be undertaken
by Falls Water. As part of those commitments, Falls Water has agreed that this application for
permit will only seek an increase in diversion rate, not total volume, for its water system. The
agreement expressly recognizes this stipulation and the following conditions to be included on
Falls Water s water right permit.
The Canal Companies and the Applicant hereby agree that the following conditions shall
be included on the water right permit (and license) in order to resolve the Canal Companies
outstanding protest:
Diversion and use of water under this right, in conjunction with water right
nos. 25-7148 25-7191 25-7418 25-14035, and 25-14055 is limited to a
total annual volume of3 716 acre-feet.
Prior to the diversion and use of water under this right, the right holder
shall install and maintain an acceptable measuring device(s), including
data logger(s), at the authorized point(s) of diversion and in accordance
with Department specifications.
FallsWater and the Canal Companies specifically request the inclusion of the above
conditions on the water right permit and license. If the Department includes the conditions
referenced herein on the permit to be granted to Falls Water under application numbers 25-
14114, then it may consider this Stipulation as a withdrawal of the Canal Companies' protests.
DATED this day of August, 2005.
STIPULA nON TO RESOLVE PROTEST
HOLDEN, KIDWELL, HAHN & CRAPO, P.LLC.
By:
Kent W. Foster
Attorneys for Falls Water Company, Inc.
BARKER ROSHOL T & SIMPSON LLP
By:
Travis L. Thompson
Attorneys for Twin Falls Canal Company and
North Side Canal Company
STIPULA nON TO RESOLVE PROTEST
CERTIFICATE OF SERVICE
I hereby certify that on this day of August, 2005, I served a true and correct copy to
the foregoing Stipulation to Resolve Protest by depositing the same in the United States mail
postage prepaid, addressed to the following:
ATTORNEYS OR INDIVIDUALS SERVED:
IDWR
Eastern Regional Office
900 N. Skyline Dr., Suite A
Idaho Falls, ID 83402-1718
Kent W. Foster
Holden, Kidwell, Hahn & Crapo, P.LLC.
O. Box 50130
Idaho Falls, Idaho 83405
Travis L Thompson
STIPULA nON TO RESOLVE PROTEST
WATER RIGHT PROTEST / FUTURE APPLICATIONS FOR PERMIT AGREEMENT
THIS WATER RIGHT PROTEST / FUTURE APPLICATIONS FOR PERMIT
AGREEMENT ("Agreement") is made by and between FALLS WATER COMPANY, INC.
(hereinafter referred to as "Falls Water ), an Idaho corporation, TWIN FALLS CANAL
COMPANY ("TFCC"), an Idaho non-profit corporation, and NORTH SIDE CANAL
COMPANY ("NSCC"), an Idaho non-profit corporation (TFCC and NSCC shall hereinafter be
collectively referred to as the "Canal Companies ). Falls Water and the Canal Companies may
be referred to hereinafter as a "Party" or collectively as the "Parties.
RECITALS
WHEREAS, Falls Water is a water company regulated by the Idaho Public Utilities
Commission and holds various ground water rights to serve its customers within its service area
generally located east ofIdaho Falls, Idaho; and
WHEREAS, Falls Water s current water rights authorize a diversion rate of7.81 cfs and
a total volume of3 716 acre-feet per year; and
WHEREAS, due to system constraints (i.e. the size and location of wells and the lack of
above ground storage facilities), Falls Water has never pumped their authorized volume in any
given year; and
WHEREAS, Falls Water s service area has witnessed increased growth and demand over
the last few years, particularly peak demand in the summer; and
WHEREAS, Falls Water needs an increased diversion rate and well capacity to serve its
peak demand in the summer; and
WHEREAS, Falls Water filed an application for permit (25-14114) on August 26, 2004
which was later amended on March 15, 2005, primarily to increase its diversion rate capacity and
service peak summer demand; and
WHEREAS, through the application Falls Water seeks to appropriate 9.56 cfs of
groundwater for municipal purposes for use within its service area; and
WHEREAS, the Canal Companies protested the application for various reasons
including the fact the application seeks to appropriate groundwater from the Eastern Snake Plain
Aquifer ("ESP A") for consumptive use purposes (i.e. irrigation oflawns and other areas); and
WHEREAS, Falls Water and the Canal Companies have met and discussed the
application and protest on several occasions and have resolved their differences through this
agreement.
AGREEMENT - FALLS WATER / TFCC / NSCC
COVENANTS
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, and other good and valuable consideration, the receipt of which is hereby acknowledged
the Parties hereto agree as follows:
1. Conditions on Water Right No. 25-14414.As set forth in the Stipulation to
Withdraw Protest signed by the Parties on August _2005, Falls Water agrees to have those stated
conditions included on water right permit no. 25-14114, among other that may be imposed by the
Idaho Department of Water Resources (Department), and will comply with those conditions
including the annual pumping volume restriction of3 716 acre-feet.
2. Connections Served by Water Right No. 25-14114.Falls Water agrees that water
right no. 25-14114 may be used to serve an additional five hundred (500) residential connections
beyond its existing connections as of August 26, 2004, for domestic "in-house" purposes as well as
incidental irrigation oflawns, gardens, trees, shrubs, and other residential landscaping. Falls Water
agrees that it will not provide water for irrigation oflarge projects such as parks, golf courses, or
sports activities fields.
3. Future Water Right Applications / Additional Connections.Falls Water agrees to
mitigate for the consumptive use component of any water right applications that it may file in the
future for "municipal"
, "
domestic , or other purposes that include consumptive uses. For purposes
of mitigating the consumptive use component of a future application for permit, such as irrigation of
residential lawns, parks, and common areas, Falls Water agrees to either: 1) acquire and either
retire" or "transfer" an existing consumptive use ground water right; or 2) require the new
connections to install a secondary irrigation system to utilize appurtenant surface water rights or
utilize surface water rights that can be made appurtenant to the property.
4. Withdrawal of Protest / Agreement for Future Protests.The Canal Companies agree
to withdraw the protest that was fIled against Falls Water s application for permit no. 25-14114
consistent with the terms of the Stipulation to Withdraw Protest. In addition, provided Falls
Water s future applications for permit are completely mitigated as set forth in Paragraph 3 above, or
only seek water for "in-house" domestic use with no associated consumptive use component such as
irrigation, the Canal Companies agree not to protest such applications for permit.
5. Bonneville County Surface Water Ordinance.Falls Water agrees to actively seek a
new county ordinance for Bonneville County that would require new subdivisions to acquire or use
existing appurtenant surface water rights for irrigation purposes. Falls Water agrees to formally
propose an ordinance similar to the ordinances passed by the City of Meridian and the City of Twin
Falls (See Exhibit A) to the Bonneville Board of County Commissioners sometime within the next
twelve (12) months.
6. Non-Waiver of Bases for Protest.The parties agree that by entering into this
Agreement, the Canal Companies do not waive any of the bases for their protest of Falls Water
application for permit no. 25-14114, as may be applied to protest other similar applications forpermit filed by other entities or persons. .
AGREEMENT - FALLS WATER / TFCC / NSCC
7. Incorporation of Prior Agreements.This Agreement contains the entire
understanding of Falls Water and the Canal Companies with respect to the subject matter hereof
and no prior written or oral agreement or understanding shall be effective for any purpose.
8. Modification.No modification, release, discharge, change, or waiver of any
provision hereof shall be of any force, effect, or value unless it is in writing and signed by both
parties to this Agreement.
9. Notices.All notices, demands, and requests which mayor are required to be
given by either party to the other shall be in writing and shall be personally served on the
designated party, delivered by courier, sent by facsimile transmission (if sent by facsimile
transmission a duplicate copy shall be sent by prepaid first class mail), United States certified or
registered mail, postage prepaid, return receipt requested, or by email addressed to the parties as
follows, unless a party hereto otherwise designates a different notice address or recipient in
writing:
If to Falls Water, separately to:
Scott Bruce at:Falls Water Company, Inc.
1770 Sabin Dr.
Idaho Falls, Idaho 8340
Telephone: [phone]
Facsimile No.: [phone]
Email: scott~fallswater.com
and
Kent W. Foster at:Holden, Kidwell, Hahn & Crapo. P.LLC.
1000 Riverwalk Drive, Suite 200
O. Box 50130
Idaho Falls, Idaho 83405
Telephone: [phone]
Facsimile No.: [phone]
Email: kfoster~holden1egal.com
If to Canal Companies, separately to:
Vince Alberdi at:Twin Falls Canal Company
357 6th Ave. West
O. Box 326
Twin Falls, Idaho 83303-0326
Telephone: [phone]
Facsimile No.: [phone]
Email: valberdi~tfcanal.com
and
AGREEMENT - FALLS WATER / TFCC / NSCC
Ted Diehl at:North Side Canal Company
921 North Lincoln Ave.
Jerome, Idaho 83338
Telephone: [phone]
Facsimile No.: [phone]
Email: nscanal(fYcableone.net
and
Travis Thompson, Attorney at Law at:Barker, Rosholt & Simpson, LLP
113 Main Avenue West, Ste. 303
O. Box 485
Twin Falls, Idaho 83303-485
Telephone: [phone]
Facsimile No.: [phone]
Email: tlt(fYidahowaters.com
Any notice given in the form set forth herein shall be deemed given and received as follows:
personally delivered, when delivered; if sent by facsimile transmission on the next business day
following the sending thereof and if sent by mail on the fifth business day following the mailing
thereof. Notice bye-mail transmission shall be deemed delivered on the date the recipient
provides written acknowledgement (via emai1 or other method) of receipt of the same.
10. Cooperation and Support.Each party hereto shall, at the request of the other, at
any time, execute and deliver to the requesting party all such further instruments as may be
reasonably necessary or appropriate in order to effectuate the purpose and intent of this
Agreement and to otherwise give this Agreement its full force and effect.
11. Assignment.No assignment or transfer of this Agreement or any right or interest
therein by Falls Water shall be valid unless approved in writing by the Canal Companies.
12. Binding Effect.Notwithstanding the requirement that assignments by Falls Water
must be approved in writing by the Canal Companies, this Agreement shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, successors, subcontractors
personal representatives, and assigns.
13. Interpretation.The parties hereto acknowledge and agree that legal counsel for
each party has been involved in the drafting of this Agreement. The parties further acknowledge
and agree it is the mutual intention that this Agreement be interpreted such that the provisions
herein are given their plain meaning and that to the extent that a provision is subject to more than
one interpretation, it should not be construed against one party merely because their legal
counsel was the drafter of that provision.
14. Third Party Beneficiary Rights.This Agreement is not intende~ to create, nor
shall it be in any way be interpreted or construed to create, any third party beneficiary rights in
AGREEMENT - FALLS WATER / TFCC / NSCC
any persons who are not a party hereto. Falls Water and the Canal Companies specifically
disclaim any intent to bestow any enforceable benefit upon any third parties as against the parties
hereto. Any benefit accruing to any such third party as the result of the execution of this
Agreement is merely coincidental and no such third party may rely on receiving such benefit.
15. Severability.If any term, provision, covenant, or condition ofthis Agreement, orthe application thereof to any party or circumstance, shall be held to be illegal, invalid, or
unenforceable, in whole or in part for any reason, the remaining terms, provisions, covenants
and conditions of this Agreement shall continue in full force and effect as if this Agreement had
been executed with the illegal, invalid, or unenforceable portion eliminated, so long as this
Agreement as so modified continues to express, without material change, the original intentions
of the parties as to the subject matter of this Agreement and the deletion of such portion of this
Agreement will not substantially impair the respective benefits or expectations of the parties to
this Agreement.
16. Breach of Agreement by Falls Water.The failure of Falls Water to perform as
required under the terms, covenants and conditions of this Agreement, or any material
misrepresentation by Falls Water shall constitute a breach of this Agreement and in the event of
any such breach, the Canal Companies shall have a cause of action or causes of action against
Falls Water for all remedies available under the laws of the state ofIdaho, at common law, and in
equity.
17. Breach of Agreement by the Canal Companies.The failure of the Canal
Companies to perform as required under the terms, covenants and conditions of this Agreement
or any material misrepresentation by the Canal Companies shall constitute a breach of this
Agreement and in the event of any such breach, Falls Water shall have a cause of action or
causes of action against the Canal Companies for all remedies available under the laws of the
state ofIdaho, at common law, and in equity.
18. Rights Cumulative.Except as expressly provided in this Agreement, and to the
extent permitted by law, any remedies described in this Agreement are cumulative and not
alternative to any other remedies available at law or in equity.
19.Time of Essence.Time is expressly declared to be of the essence this Agreement.
20. Headings.Headings in this Agreement are for convenience and reference only
and shall not be used to interpret or construe its provisions.
21. Facsimile Signatures.The parties agree that any facsimile signatures attached to
this Agreement shall be valid and binding as an original signature.
22. Attorney s Fees.If either party brings any action or proceedings to enforce
protect or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney s fees, as determined by a court
of competent jurisdiction, in addition to any other relief awarded.
AGREEMENT - FALLS WATER / TFCC / NSCC
23. Governing Law.This Agreement shall be governed by and construed under the
laws of the State ofIdaho.
24. Counterparts.This Agreement may be executed in several counterparts and all so
executed shall constitute one agreement, binding on all the parties hereto even though all the parties
are not signatories to the original or the same counterpart.
FALLS WATER COMPANY, INC.
By K~~
Scott Bruce, Manager
STATE OF IDAHO
) ss.
County of ...t5PA/A/EI/JLi. JC'
On the
/p
day of AI/I"- v.s 2005, before me, the undersigned Notary Public in
and for said state, personally appeared SCOTT BRUCE, known or identified to me to be the
Manager of Falls Water Company, Inc., the corporation that executed the instrument or the
person who executed the instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this first above written.
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My commission expires: /2// /2C1JO
AGREEMENT - FALLS WATER / TFCC / NSCC
TWIN FALLS CANAL COMPANY
a~-
Dan Shewmaker, Chairman Board of Directors
Attest: B 1J,
Phil Blick, Vice-President
STATE OF IDAHO
) ss.
County of fW'/1 MIll"
On this -LL- day of /1 tI qlj.2005, before me, the undersigned, a Notary Public
in and for said state, personally a~peared DAN SHEWMAKER, known or identified to rne to be
the Chairman of the Board of Directors for the Twin Falls Canal Company, the corporation that
executed the instrument or the person who executed the instrument on behalf of said corporation
and acknowledged to me that such corporation executed the same.
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Residingat /&/1 /1 /-4//.s
My commission expires: y-tiJp- r?~
AGREEMENT - FALLS WATER / TFCC / NSCC
NORTH SIDE CANAL COMPANY
Dick Marshall, Chairman Board of Directors
Attest:
Ted Diehl, Secretary
STATE OF IDAHO
County of
) ss.
On this day of 2005, before me, the undersigned, a Notary Public
in and for said state, personally appeared DICK MARSHALL, known or identified to me to be
the Chairman of the Board of Directors for the North Side Canal Company, the corporation that
executed the instrument or the person who executed the instrument on behalf of said corporation
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this first above written.
Notary Public
Residing at
My commission expires:
AGREEMENT - FALLS WATER / TFCC / NSCC
EXHIBIT "
ORDINANCE NO.2 607
TwiA Fal1s COUAtYJ 14abo
Recorded for:
CITY OF TVII FALLS01:'2j)1 Ai, '~I IS911999-00921,.5
No. of Pages: 2 Fee: $S.
ROBERT'S. fORTCITY Ex-Officio Recorder
Depqty: 81
AN ORDINANCE OF THE CITY COUNCIL OF THE
OF TWIN FALLS, IDAHO, ADOPTING A POLICY
PROHIBITING THE USE OF THE POTABLE WATER
SUPPLY AS THE PRIMARY SOURCE OF IRRIGATION
WATER IN ALL NEW DEVELOPMENTS; AMENDING TWIN
FALLS CITY CODE ~7-8-3 (F) TO PROHIBITDEVELOPMENT OR USE OF THE CITY'S POTABLE WATERSUPPLY AS THE PRIMARY SOURCE OF IRRIGATION
WATER IN ALL NEW DEVELOPMENTS; AMENDING TWIN
FALLS CITY CODE ~7-8-4 BY THE ADOPTION OF A
NEW SUBSECTION (E) PROHIBITING THE DEVELOPMENTOR USE OF THE CITY'S POTABLE WATER SUPPLY AS
THE PRIMARY SOURCE OF IRRIGATION WATER IN ALL
NEW DEVELOPMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The City of Twin Falls has conducted a study of
existing and future demands on the City s water supply system; and,
WHEREAS, At times during the summer irrigation season demand
on the city s water supply exceeds the water available; and,
WHEREAS, The City will be unable to develop enough watersupply to meet proj ected demands if the potable water supply
continues to be used for irrigation purposes in new developments;and,
WHEREAS, The Twin Falls Water Planning Committee has
recommended the use of non-potable water for irrigation in newdevelopments, to be installed at the same time as other utili ties.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF TWIN FALLS, IDAHO:
Section 1 : That the City of Twin Falls hereby adopts a policy
prohibiting the use of the city s potable water supply as the
primary source of irrigation water in all new developments. Forpurposes of this ordinance, the term ~new developmenth means anynew subdivision or PUD, or any development of any parcel of land oftwo (2) acres or larger that is not part of a subdivision or PUD.
Section 2 : That Twin Falls City Code ~ 7-8-3 (F) be amended asfollows:
7-8-3: USE OF PUBLIC OR PRIVATE WATER SUPPLY REQUIRED:
(F) A pri~J;J.te 'l;J.tcr Gupply m~y be utilizcd for thc
holding of fioh for proccooing. Notwithstanding theforegoing, the use of the ci ty' s potable water supply
as the primary source of irrigation water in all new
developments shall he prohibited. For purposes of
ORDINANCE 2607 - I
1: . d 1:vl.D-2El.-BD2 ~TSLloal d~~ : ~n qn ~n ~nH
this ordinance, the term ~new development" means anynew subdivision or PUD, or any development of anyparcel of land of two (2) acres or larger that is not
part of a subdivision or PUD.
Section 3 : That Twin Falls City Code ~ 7-8-4 be amended by theaddi tion of a new subsection (E) as follows:
7-8-4: CONNECTION TO PUBLIC WATER LINE, PROCEDURE:
(E) Notwithstanding the foregoing, the use of the city
potable water supply as the primary source of
irrigation water in all new developments shall be
prohibited. For purposes of this ordinance, the termnew development" means any new subdivision or PUD,or any development of any parcel of land of two (2) acres or larger that is not part of a subdivision or
PUD. "
Section 4:Than the Development Standards Committee and citystaff prepare development standards for a secondary water system
within thirty (30) days of the effective date of this ordinance.
Section : That this ordinance be effective upon passage andpublication.
PASSED BY THE CITY COUNCIL April 26 1999
SIGNED BY THE MAYOR April 27 , 1999
fi/~~
MAYOR GALE KLEINKOPF
PUBLISH:Tuesday, May 4, 1999
ORDINANCE 2607 - 2
2.d li1LO-2EL-BO2 SIS4:)al.d~2 : EO 90 SO ~nH
U~/U1/~OO5 MON 15: 03 FAX [phone] RINGERT CLARK i4I 003
Page 1 of 1Meridian, Idaho: City Code
Meridian , Idaho
City Code
~!lGK.h~r~1Q..
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TITLE 11 UNIFIED DEVELOPMENT CODE
Chapter 1 ..; General Regulations
Article A - Definitions
Article B - Nonconforming Property, Use or Structure
Chapter 2 - District Regulations
Article A. Residential Districts
Article B. Commercial Districts
Article C. Industrial Districts
Article D. Traditional Neighborhood Districts
Chapter 3 - Regulations Applying to AU Districts
Article A. Standard Regulations in All Districts
ACCUMUl.JI.TlON OF JUNK
BIKE:WAYS
CLEAR VISION TRIANGLE
DI'TCHES. LATERALS, CANALS OR DRAINAGE COURSES
FENCES
MULTIUSE AND MICRO PATHWAYS
NATURAL FEATURES
NOXIOUS USE
OUTDOOR LIGHTING
OUTDOOR SERVICE AND EQUIPME:NT AREAS
OU'1'OOOR SF'EAKER SYSTEMS
OUTDOOR STORAGE
PRESSURIZED IRRIGATION SYSTEMS
PUBLIC UTILlTIE:S
PUBLIC WATER SUPPLY AND SEWER SYSTEMS
SELf:-SERVICE USES
SIO~ALKS AND PARKV'/AYS
STORM DRAINAGE
STRUCT1.JRES SUBJECT TO DESIGN STANDARDS
TRAVELING SLEEPING QUARTERS
UTILITIES
Article B. Landscaping Requirements
Article C, Off-street Parking and Loading Requirements
Article Do Sign Requirements
Article E. Temporary Use Requirements
Article F. Private Street Requirements
Article G. Common Open Space and Site Amenity Requirements
Chapter 4 - Specific Use Standards
ANIMAL CARE FACILITY
ARTS, ENTERTAINMENT AND RECREATION FACILITY, INDOOR AND OUTDOORS
ARTIST STUDIO
BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES
CEMETERY
CHURCH OR PLACE OF RELIGIOUS WORSHIP
CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS
CONTRACTOR'S YARD
DAY CARE f:ACILITY
.,:
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6/2/05
are fully contained and out of view from adjacent properties and publicstreets.
11.3A.15:PRESSURIZED IRRIGATION SYSTEMS:
System installation required: In each development, the applicant shallprovide underground, pressurized irrigation water. For subdivisions, eachand every lot within the subdivision shall have underground pressurizedirrigation water in compliance with TItle 9, Chapter 1 water use and service.The pressurized irrigation system shall be constructed and installed at the
same time as the domestic water lines, but it shall not necessarily be in the
same trenches.
Cross-connections: All cross-connections between the domestic water lines
and the irrigation water lines shall be in accord with the City's adoptedstandards, specifications and ordinances.
Waiver of requirements: The requirements for pressurized irrigation may be
waived upon proof that any particular property does not have water rights in
an existing irrigation district. The City's domestic water system shall be the
last option for providing irrigation water to a proposed subdivision.
If any property does not have water rights from an existing irrigation district,
the applicant shall pay well development fees as determined by the City.
11-3A-16: SELF.SERVICE USES: Any unattended, self.service uses, including
but not limited to, laundromats, automatic teller machines (A TMs), vehicle washingfacilities, fuel sales facilities, and storage facilities, shall comply with the followingrequirements. The Meridian Police Chief or designee may approve alternativestandards where it is determined that a similar or greater level of security isprovided:
Entrance or view of the self-service facility shall be open to the public street
or to adjoining businesses and shall have low-impact security lighting.
Financial transaction areas shall be oriented to and visible from an area that
receives a high volume of traffic, such as a collector or arterial street.
Landscape shrubbery shall be limited to no more than three feet (3') inheight between entrances and financial transaction areas and the public
street.
11-3A-17:SIDEWALKS AND PARKWAYS:
All sidewalks shall be a minimum of five feet (5'), except if detachedsidewalks are provided on local streets in residential subdivisions. the
minimum sidewalk width may be reduced to four feet (4'
Sidewalks shall be designed to flare around mail boxes, utility boxes and
Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS
\'O! VJ.I ':;VU;) I!lUI~ J.;); UJ r'JU. ~U/SJ4~4\);)( RINGERT CLARK i4I 00428: PRESSURIZED IRRIGATION SYSTEM: : Page 1 of 1
.28:PRESSURIZED IRRIGATION SYSTEM See also subsection 12-Sw2N of this Code.3D:
A. System Required; Waiver:
1. In addition to the requirements of this Chapter pertaining to the domestic water system and its use,
every residentially zoned lot, parcel or piece of land upon which a residential unit is, or will be,
constructed, after the effective date hereof, shall construct, install, or conrlect to a pressurized irrigation
system. In the case of residential subdivision developments, a pressurized irrigation system shall be
constructed and installed at the same time as the domestic water lines, but not necessarily in the same
trenches. There shall be no cross-connections between the domestic water lines and the irrigation
water lines that do not comply with .cJt~pter 3 of this Title.
2. Provided , however, the requirements of this Section may be waived upon proof that any particular lot
parcel or piece of land does not have water rights in an existing irrigation district.
B. Standards: The City Engineer is hereby authorized and directed to establish standards for pressurized
irrigation systems and all pressurized irrigation systems shall comply with those standards. (Ord. 516,
10-3- 1989)
C. Joint-Use Connection Of Irrigation And City Systems: No subdivision, or building, loti or parcel of landlocated within that subdivision, which subdivision, building, lot, or parcel of land, has a commonlandscape sprinkler irrigation system being supplied landscape irrigation water from a source other than
the City's domestic water system, shall be allowed to also connect its landscape sprinkler irrigation
system to the City's domestic water system. Provided however, all buildings, lots, or parcels of land,
within the subdivision connected to the common landscape sprinkler irrigation system may be allowed
one joint-use point of connection to the City's domestic water system which connection shall have an
approved backflow prevention device. This joint-use connection shall only be to provide irrigation water
during the time when the common landscape irrigation system has no supply of water. The off-on
control valve of this joint use connection shall be under the control of the City Waterworks
Superintendent. (Ord. 570 , 3-3-1992; amd. 1999 Code)
http://66.113.195.234/lD/Meridian/l1001O00000028000.htm 8/J /2005
t(ecp..
JC"s1I1i() A-ffAcilVMf?"J it:- d..
State of Idaho
DEPARTMENT OF WATER RESOURCES
322 East Front Street, P.O. Box 83720, Boise ID 83720-0098
Phone: [phone] Fax: [phone] Web Site: www.idwr.idaho.gov.
DIRK KEMPTHORNE
Governor
October 11 , 2005 KARL J. DREHER
Director
FALLS WATER CO INC
1770 SABIN DR
IDAHO FALLS ID 83406
RE:Permit No. 25-14114
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 $100 late filing fee. Contactany office of the Department or visit the Department's homepage on the Internet to
obtain the proper forms and instructions.
If you have any questions, please contact me at 208-287-4947.
Sincerely,
J ).1d.
~;
;J,Keen
Water Rights Supervisor
SWK: kit
Enclosure(s)
cc:KENT W FOSTER
BARKER ROSHOL T & SIMPSON LLP
BUREAU OF RECLAMATION
CERTIFICATE OF SERVICE
I hereby certify that on October 11 , 2005 I mailed a true and correct copy, postage
prepaid, of the foregoing PRELIMINARY ORDER(Approved Permit) to the person(s)
listed below:
RE: WATER RIGHT NO.25-14114
KENT W FOSTER
C/O HOLDEN KIDWELL HAHN & CRAPO PLLC
PO BOX 50130
IDAHO FALLS ID 83405
FALLS WATER CO INC
1770 SABIN DR
IDAHO FALLS ID 83406
BARKER ROSHOL T & SIMPSON LLP
113 MAIN AVE W STE 303
TWIN FALLS ID 83301-6167
BUREAU OF RECLAMATION
1150 N CURTIS RD STE 100
BOISE ID 83706
Kari ynn Townsend
Secretary
State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 25-14114
Priority:August 26, 2004 Maximum Diversion Rate:56 CFS
This is to certify, that FALLS WATER CO INC
1770 SABIN DR
IDAHO FALLS ID 83406
has applied for a permit to appropriate water from:
Source: GROUND WATER
and a permit is APPROVED forgev~l6.pment of water as follows:
;:jtt
. "/"",
PEfti'O(b OF USE RATE OF DIVERSION
i 01/oJt/ih'12/31 9,56 CFSis''',
~:::. :"
LOCATION OF POINTS OF DIVER~loN:
GROUND WATER SWXSW~;:.'r,':$ec. 14 :Twp 02N, Rge 38E , B,M" BONNEVILLE County
GROUND WATER NEXSW%7'$ec, 14 , Twp 02N, Rge 38E , 8.M" BONNEVILLE County
GROUNDWATER NEXSWX $ec. 14. Twp:;p2N , Rge 38E , B.M" BONNEVILLE County
:;,::.:?:, .,,~
GROUNDWATER NEXSWX 9~9;m4 lwp 'OgN, Rge 38E , B,, BONNEVILLE County
GROUND WATER NEXSEX ';~~pJI'1., 1WP 02N,Rge 38E, BJy1., BONNEVILLE County
GROUNDWATER SEXSWX ~~~2$H'o
'?Vc 02N'~gr,?88iEfM.,:~ONNEVILLE County
GROUND WATER NEXSEX, 'Sec,' 2N , Rge 38E, B.M" BONNEVILLE County
GROUND WATER NWXN"Y~1';\;t~~'c~,2t;; Rge38E"I3,M" ~ONNEVILLE County
GROUND WATER swxNw~D~:~ec,Ni, RgJ~Tg,I::, 8,M" ~ONNEVILLE County\,,;J ~W ;:~;"::;w
BENEFICIAL USE
MUNICIPAL
1. Proof of application of water to 6~~e2, Subject to all prior water rights. "B ",3. Project construction shall commenCe:Wtlri
proceed diligently to completion unle~~:~~;ba~
Department of Water Resources thafae'iays
holder had no control.4. Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code andapplicable Well Construction Rules of the Department.
5, Place of use is within the service area of Falls Water Co, fnc, as provided for under Idaho law, The
place of use is generally described as within the city limits of Idaho Falls and the surrounding
service area.6. Diversion and use of water under this right in conjunction with water right nos, 25-7148, 25-7191
25-7418 25-7509, and Snake River Basin Adjudication (SRBA) claim nos. 25-14035 and 25-14055is limited to a total annual volume of 3 730.4 acre-feet. If any of these rights are claimed in the
SR8A but are not confirmed by the SRBA court, then the total combined annual volume of 3 730.4acre-feet shall be reduced by the amount of the right or claim that is not confirmed in the SRBA.
Page 2 State of Idaho
Department of Water Resources
Permit to Appropriate Water
NO. 25-14114
7. Prior to the diversion and use of water under this right, the right holder shall install and maintain an
acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion , in
accordance with Department specifications,
8, The daily diversion volume for non-domestic uses under this municipal right shall not exceed 2 500
gallons per use and the daily diversion volume for domestic uses under this right shall not exceed
000 gallons per dwelling in accordance with Section 42-111 , Idaho Code,9. Irrigation of large projects such as parks , golf courses, or sports activities fields is not authorized
under this right.
10, Prior to or in connection witllthepfoof of beneficial use statement to be submitted for municipal
water use under this right, th~ rigb(bolder shall provide the department with documentation showing
that the water supply system:,is b~iDgJegulated by the Idaho Department of Environmental Quality
as a public water supply and that'Ifhi3sQeen issued a public water supply number.. d.."'
" ,
11, The right holder shall not prQVid~Yi~ter diYE;!rted under this right for the irrigation of land having
appurtenant surface water rights:~~~ primary source of irrigation water except when the surface
water rights are not availableJQf)is~. This cqndition applies to all land with appurtenant surface
water rights, including land cQD'Q~d~~ from irrigated agricultural use to other land uses but still
requiring water to irrigate lawri~'aHd lands~aping,
12, The use of water under this right shglLnQt givefrlse to any claim against the holder of a senior water
right based upon the theories of forf~itW:~"ab'andohment, adverse possession , waiver, equitable
estoppel, estoppel by laches or~ust9m~;-rY' prefE;!rence
t;('t1~\~;;~:' ;:K~,
.-. ' :,:,:.. '::'
This Permit is issued pursuant to
..;
~9~SIiSiQ;;f i..
ld~h0 co
the Director, affixed at Boise, thiS:daYc:;f1.t
/.()~.. .,, /~'
(;f\N F:"
;:' "~::((::' , '.. ""
Witness the signature of
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 departmentpursuant to section 67-5243, Idaho Code. It can and will become a final orderwithout further action
of the Department of Water Resources ("department") unless a party petitions for reconsideration.
files an exception and brief. or requests a hearinq as fUrther described below.
PETITION FOR RECONSIDERATION
Any party may file a petition for reconsideration of a preliminary order with the department withinfourteen (14) days of the service date of this order. The department will act on a petition forreconsideration within twenty-one (21) days of its receipt, orthe petition will be considered denied byoperation 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 adenial 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 preliminaryorder 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 theDirector 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 writtenpetition 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 scheduleoral argument in the matter before issuing a final order. If oral arguments are to be heard, theDirector will within a reasonable time period notify each party of the place , date and hour for theargument of the case. Unless the Director orders otherwise, all oral arguments will be heard in
Boise, Idaho.
Page 1
BOUSB BILL NO, 281 - Surface water for irrigation http://www3.state.id,us/oasis/HO281,html
R~~e:5'1 :tf I() 41fA-,-:t~'11~,:if
HOUSE BILL NO. 281
View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
..'--..--..----'--..---,..,----....-..-,-----..,--- ---'--~------ -....-'--..----.. '-"'-'-'----
,___,n_______.._-
-------
Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been
marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the
browser software you are using.
This sentence is marked with bold and underline to show added text.
This scntcncc is mark:cd with strikcthrough and italic, indicating tcxt to bc rc1'Jw';Jcd.
Bill Status
.._--,-"--""'---""""----_.... .., -,..,......,.._-_......,_..,_...._-....,....,-,....- -""'-"---
-"---""--'____mn
_,__,.._--
H0281aas...,..................,.............,.......by REVENUE AND TAXATIONSURFACE WATER - LAND USES - Amends existing law relating to local land use
planning to set forth provisions applicable to the use of surface water forirrigation.
House intra - 1st rdg - to printing
Rpt prt - to Res/Con
Rpt out - rec dip .. to 2nd rdg
2nd rdg - to 3rd rdg3rd rdg
..
PASSED - 67-
AYES -- Anderson , Andrus, Barraclough , Barrett, Bastian, Bayer,Bedke, Bell , Bilbao, Black , Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,Field(18) , Field(23) , Garrett , Hart (Jacobson), Harwood, Henbest,Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell , Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,Rydalch, Sali , Sayler , Schaefer , Shepherd(2), Shepherd(8), Shirley,Skippen , Smith(24) , Smylie, Snodgrass, Stevenson, Trail , Wills, Wood,Mr. Speaker
NAYS - - None
Absent and excused -- Crow , Deal, Smith(30)
Floor Sponsor - Moyle
Title apvd .. to Senate03/15 Senate intra - 1st rdg - to Lac Gov03/18 Rpt out - to 14th Ord03/23 Rpt out amen - to 1st rdg as amen03/24 1st rdg - to 2nd rdg as amen03/25 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 29-, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,Cameron, Coiner, Compton, Corder , Davi s , Geddes, Hi 11, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Pearce, Richardson, Stegner, Stennett, Sweet, WerkWilliams
NAYS - - Schroeder
Absent and excused -- Burkett, Darrington, Gannon, Goedde, (District21 seat vacant)
Floor Sponsor - Hill
Title apvd - to House03/28 House concurred in Senate amens - to engros03/29 Rpt engros - 1st rdg .. to 2nd rdg as amen
03/01
03/02
03/10
03/11
03/14
10f5 11/17/200512:03PM
HOUSE BILL NO, 281 - Surface water for irrigation http://www3.state.id,us/oasisIH0281.htmI
03/30 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 67-
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,Bilbao , Black, Block, Boe, Bolz , Bradford, Cannon, Chadderdon, Clark,Collins , Crow, Deal , Denney, Edmunson , Ellsworth , Eskridge,Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake , LeFavour , Loertscher, Martinez, Mathews,McGeachin , McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,Pasley-Stuart, Pence, Raybould, Ring, Ringo , Roberts, Rusche,Rydalch, Sali, Sayler, Schaefer , Shepherd (2) , Shepherd (8) , Shirley,Skippen, Smith(30) , Smith(24), Smylie, Snodgrass, Trail , Wood, Mr.Speaker
NAYS - - NoneAbsent and excused - - Bedke, Stevenson , Will sFloor Sponsor - Moyle
Title apvd - to enrol03/31 Rpt enrol - Sp signed - Pres signed04/04 To Governor04/11 Governor signed
Session Law Chapter 338
Effective: 07/01/05
Bill Text
2 of5
) ) ) )
LEGISLATURE OF THE STATE OF IDAHO
) ) ) )
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 281
BY REVENUE AND TAXATION COMMITTEE
AN ACT
RELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6537, IDAHO CODE, SET FORTH PROVISIONS APPLICABLE TO THE USE OF SURFACE WATER FOR NEW LAND
USES.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. That Section 67-6537 , Idaho Code, be, and the same
amended to read as follows:hereby
67-6537. ArrLICATION TO USE OF SURFACE AND GROUND WATER. (1) The intent
of this section is to encourage the use of surface water for new land uses.All applicants proposing to make land use changes shall be required to use
surface water, where available, as the primary water source for irrigation and
other authorized purposes. Surface water shall be deemed available if:(a) A surface water right is, or reasonably can be made, appurtenant to
the land;
(b) The land is entitled to distribution of surface water from an irriga-
tion district, canal company, ditch users association, or other irrigation
delivery entity, and the entity s distribution system is capable of deliv-
ering the water to the land; or(c) An irrigation district, canal company, or other irrigation delivery
entity has sufficient available surface water rights to apportion or allo-
cate to the land and has a distribution system capable of delivering the
water to the land.
(2) The proposed use of surface water from an irrigation delivery entitymust be authorized by the entity holding the water right (s) for the availablesurface water. Nothing in this section shall alter the authority and discre-
11/1712005 12:03 PM
HOUSE BILL NO, 281 - Surface water for irrigation http://www3,state.id.us/oasisIH0281.html
tion of irrigation delivery entities to apportion, allocate and distributesurface water, or for municipalities, counties, or water and sewer districts
to pass ordinances or regulations to promote the use of surface water for newland uses. For all changes in land use where sufficient surface water is
available as the primary water source, ground water that is appurtenant to the
land shall be a secondary or supplemental source of water to be used only dur-
ing times of surface water shortage or interruptions in delivery. Ground water
may be used as the primary water source, or as part of the primary watersource, if sufficient surface water is not available as the primary watersource.
(3) When considering amending, repealing or adopting a comprehensiveplan~the local governing board shall consider the effect the proposed amend-
ment, repeal or adoption of the comprehensive plan would have on the source,
quantity and quality of ground water in the area.
Amendment
) ) J ) LEGISLATURE OF THE STATE OF IDAHO J ) ) JFifty-eighth Legislature First Regular Session - 2005
Moved by Hill
Seconded by Williams
IN THE SENATE
SENATE AMENDMENT TO H. B, NO. 281
AMENDMENTS TO SECTION 1
On page 1 of the printed bill , in line 9, delete new land uses andinsert: irrigation ; in line 11 , following "where" insert: reasonably ; andalso in line 11 , delete "and"; in line 12, delete "other authorized purposes
and also in line 12, followin
g "
deemed insert: reasonably
" ;
in line 23,delete The proposed use of surface water from " and insert: Consistent with
sections 42-108 and 42-222, Idaho Code, any change in the nature of use ofsurface water provided by ; in line 28, delete "new"; delete lines 29 through
35, and insert: irrigation.; following line 35, sert:(3) Nothing in this section shall be construed to override or amend anyprovision of title 42 or 43, Idaho Code, or impair any rights acquired there-under.; and in line 36 , delete "3" and insert: "4"
CORRECTION TO TITLE
On page 1, in line 3 , delete "NEW LAND"; and delete line"IRRIGATION. " .and insert:
Engrossed Bill (Original Bill with Amendment(s) Incorporated)
) J ) ) LEGISLATURE OF THE STATE OF IDAHO ) J J )Fifty-eighth Legislature First Regular Session - 2005
3 of5
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 281, As Amended in the Senate
11/17/2005 12:03 PM
HOUSE BILL NO. 281 - Surface water for irrigation
http://www3,state.id,us/oasis/HO281.html
BY REVENUE AND TAXATION COMMITTEE
AN ACTRELATING TO LOCAL LAND USE PLANNING; AMENDING SECTION 67-6537, IDAHO CODESET FORTH PROVISIONS APPLICABLE TO THE USE OF SURFACE WATER FOR IRRIGA-TION.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1, That Section 67-6537, Idaho Code, be , and the sameamended to read as follows:hereby
67-6537. ~rrLICATION TO USE OF SURFACE AND GROUND WATER. (1) The intentof this section is to encourage the use of surface water for irrigation. Allapplicants proposing to make land use changes shall be required to use surface
water, where reasonably available, as the primary water source for irrigation.Surface water shall be deemed reasonably available if:(a) A surface water right is, or reasonably can be made, appurtenant tothe land;
(b) The land is entitled to distribution of surface water from an irriga-
tion district, canal company, ditch users association, or other irrigation
delivery entity, and the entity's distribution system is capable of deliv-ering the water to the land; or
(c) An irrigation district, canal company, or other irrigation deliveryentity has sufficient available surface water rights to apportion or allo-
cate to the land and has a distribution system capable of delivering the
water to the land.(2) Consistent with sections 42-108 and 42-222, Idaho Code, any change inthe nature of use of surface water provided by an irrigation delivery entitymust be authorized by the entity holding the water right (s) for the availablesurface water. Nothing in this section shall alter the authority and discre-tion of irrigation delivery entities to apportion, allocate and distributesurface water, or for municipalities, counties, or water and sewer districtsto pass ordinances or regulations to promote the use of surface water forirrigation.
(3) Nothing in this section shall be construed to override or amend anyprovision of title 42 or 43, Idaho Code, or impair any rights acquired there-under.
(4) When considering amending, repealing or adopting a comprehensiveplan~the local governing board shall consider the effect the proposed amend-ment , repeal or adoption of the comprehensive plan would have on
the source,quantity and quality of ground water in the area.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 15064
This legislation requires use of surface water
for irrigation onlawns and landscaping when available.
There is no fiscal impact.
FISCAL NOTE
ContactName: Rep. Mike MoylePhone: [phone]
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HOUSE BILL NO, 281 - Surface water for irrigation
; of5
STATEMENT OF PURPOSE/FISCAL NOTE H 281
http://www3,state.id,us/oasis/H0281,html
11/17/2005 12:03 PM