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HomeMy WebLinkAbout1971-049 Approving Order - COA - Cedar Homes Subdivision 71-00739 BEFORE THE STATE ENGINEER OF OREGON Jackson County IN THE MATTER OF THE APPLICATION ) OF R. W. AND MARY E. VORIS AND ) HAZELLE W. CHRISTLIES FOR THE AP- ) ORDER APPROVING PROVAL OF A CHANGE IN USE, PLACE ) TRANSFER NO. 2390 OF USE, AND PO_IN.T_OF DIVERSION OF WATER FROM RSFILAND CREEK ) - - - - - - - - - - - - - - - - - W May 28, 1970, R. W. and Mary E. Voris and Hezelle W. Christlieb filed an application in the office of the State Engineer for the approval of a change in use, place of use, and point of di- version of water from Ashland Creek, pursuant to the provisions of ORS 540.510 to 540.530. By Decree of the Circuit Court for Jackson County, Oregon, entered April 26, 1919, In the Metter of the Determination of the Relative Rights to'the Use of the Waters of Rogue River and its Tri- buteries, a water right was established in the name of Robert Casey for the use of the waters of Ashland Creek for the irrigation of 6.0 acres in SUA NWK, Section. 4, and 7.5 acres in SEA NE'k, Section 5, Township 39 South, Range.l,East, W.M., with a date of priority of 1864. This right is evidenced by certificate of water right recorded at page 35084, Volume 27, State Record of Water Right Certificates. These lends are irrigated by means of the Smith-Meyer-Roper Ditch from a point of diversion located 850 feet'north and 300 feet west from the..SW corner of'DLC 41 being within the NE56 SWK'of Section 4, Township 39 South, Range 1 East, W.M. The applicants herein, owners of the lands above described, propose to change the use from the irrigation of the above described lands to municipal purposes in the City of Ashland within Sections 4, 59 8, 9, 100 15, 16, and 17, Township 39 South, Range 1 East, W.M. and to change the point of diversion to a point to be located '100 Si . i 71--00'739 feet north and 10 feet west from the SE corner of Section 20 being I within the SEK SE14 SM of Section..2O, Township 39 South, Range 1 East, W.M. Notice of the filing of the application was given by pub- lication setting forth a time and place certain for hearing objections to the, proposed change infuse, place of use, and point of:diversion of water,'-if any there mere, namely: at the county courthouse in Medford, Oregon, on August.19, 1970,,at'9:30 'a.m. The notice was published in the Ashland Daily Tidings, a newspaper published and having general circulation in Jackson County,Oregon, for a period of three weeks in the issues of June 22, 29, and July 6, 1970. The=-date set for hearing in said notice wee not less than thirty days after the last publication of the notice. Mr. David C..Hendrix, Watermeater of District No. 13, has { filed a report to the effect that the proposed cHiAge in use, place of use, and point of diversion of water may be made without injury to existing rights. No objections having been filed and it appearing that the proposed change in use, place of use, and point of diversion may be made without injury to existing rights, the application should be approved.. NOW,. THEREFORE, it hereby is ORDERED that the change in use and place of use is approved and the water right hereinbefore described as appurtenant to the irrigation of 6.0 acres in SUA NW, Section 4, t and 7.5 acres in SEK NEST, Section 5, Township 39 South, Range 1 East, W.M., with a date of priority of. 1864, be severed therefrom an& simul- i taneously and without loss of priority transferred to municipal pur- poses in the City of Ashland within Sections 4, 50 89 9, 109 15, 16, and 17, Township 39 South, Range 1 East, W.M. It is FURTHER ORDERED that the proposed change in point of diversion of water from Ashland Creek, to-wit: 71-00739 ._s From a point located 850 feet north and 300 feet west from the SW corner of DLC 41 being within the NEK SVA of Section 4, Township 39 South, Ranged East, W.M. To a point to be located 100 feet north and 10.feet west from the SE corner of Section 20 being within the SE% SEA SE14 of Section 20, Township 39 South, Range 1 East, W.M. for municipal purposes in the City of Ashland within Sections 4, 5, 8, 91 109 15, 16, and 17, Township 39 South,.Range 1 East, W.M., with a date of priority of 1864, is approved.' It is FURTHER ORDERED that said water so transferred shall be applied to beneficial use and the change in point of diversion made on or before October 1, 1971. It is. FURTHER ORDERED that the quantity of water diverted et the new point of diversion shall not exceed the quantity of water that is available at the old point of diversion and shall be limited.to 0.16 cubic foot per second. It is FURTHER ORDERED that the following provisions shall be effective when in the judgement of the watermaster it becomes necessary to install headgetes and measuring devices. That the diversion works shall include an in-line flow meter, a weir, or other suitable device for measuring the water to which the applicant is en- titled. That the type and plans of the measuring device be approved._by the watermaster before the beginning of construction work and that the weir or measuring device be installed under the general supervision of said watermaster. It is FURTHER ORDERED that certificate of water right here- tofore issued to Robert Casey and recorded at page 35084, Volume 27, State Record of Water Right Certificates, is canceled and upon receipt of proof satisfactory to the State Engineer of completion of the authorized change in use, place of use, and point of diversion, a certificate of water right shall be issued to the City of Ashland 71•-00739 : - - confirming the extent to which the water has been applied beneficially and the change in point of diversion. Dated at Salem, Oregon, this 4tb day of January, 1971. /a/ CHRIS L. WHEELER State Engineer I is _ .y::• _ _ - G STATE OF OREGON, SS. County of Marion. . Chris L. Wheeler State Engineer of the State of Oregon, do hereby I . . certify that the co 0 order entered January 4, 1971, and recorded at page foregoing py f 324, Volume 20, Special Order Record of the State Engineer has been compared with the original and that it is a correct transcript therefrom and of the whole of such original ______________________________________speeial order l - as the same appears of record - - - - - - - - - - - in my office and custody. i IN WITNESS WHEREOF, I have, hereunto set my hand this 12t---------------------------- day of anua~y------------------------------------------- Y9 71 4James ~HR IS-. L. --WHEELER State Engineer R t; L i? E:ED . By = - W. Carver, J.. Deputy 1971 ~!A-%,. 27 FM 2 38 HAR-'.Y t111NA'lM DYER } ct Cf n n ~~Ly SP 45646-1I9 PLC. C/ /f'