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Home My WebLink About1934-013 Permit - Sulphur Spring STATE OF OREGON CHAS. E. STRICKLI N, STATE ENGINEER ADDRESS ALL COMMUNICATIONS SECRETARY OFFICE OF THE CHAS. E. STRICKLIN, STATE ENGINEER STATE RECLAMATION COMMISSION HYDROELECTRIC COMMISSION OF OREGON STATE ENGINEER SALEM, OREGON WATER RESOURCES DEPARTMENT AND REFER TO SALEM FILE NO. loril 28, 1934 Brigs s Pz Frig gs City of Ashland N ;hlanc., Grl_ ~-°on ire Attention of ~'r. J. Vzr:n Dv ,tin tlemen : T LAS a.cknoti ledges receipt of z,o r letter of April `?Q, v itl- vrhich ~,ou submitted your re littances in the sums of 'I0.00 for filing the City of As111and1,1, a ):)licaticn for ~rmit to a.p- ~rcpriate I7,''ter from 8ul_o ur Spring, and "J".00 for recording tY e nment an(n a --reenents of the Cit r c'-' H s-._inn_ an(! the " ..lent Irri, :ti.on TA,,~trict in `.he .Miscellaneous ,'eccr;'..s of the 5'uLte h-ineer. Tecei')ts Nos. 17312 :nc, 171t ire inclosed. The assignment an-! ar„reements have been recorded in our -records ~,nd are bein`; returned to T,ou herevi th. The aoplicaticn has been filed, <_;iven No. 15 4''. and is bein,- placed in line for an.proval ann. issuance of a permit. vea7y- truly yours CKTAS. E. STRIM N State Sn e V. S _ov . a ss ° t. EL STATE OF OREGON CHAS. E. STRICKLIN, STATE ENGINEER ADDRESS ALL COMMUNICATIONS SECRAARY OFFICE OF THE CHAS. E. STRICKLIN, STATE ENGINEER STATE RECLAMATION COMMISSION HYDROELECTRIC COMMISSION OF OREGON STATE ENGINEER SALEM, OREGON WATER RESOURCES DEPARTMENT AND REFER TO 15342 , SALEM FILE - May 26, 1934 City of Ashland Ashland, Oregon Gentlemen: Herewith you will find Application No. 15342, Permit No. 11243, together with blue print. This application has been approved and recorded in this office. As it appears from Lhe statements made in y cur appli- cation that all construction work has been done and the ap- propriation completed, I am forwarding the blank for making final proof to the watermaster of your district, who will make an inspection of your project and assist you in the execution of the final proof. Very truly yours 14 . CHAS. E. STRICKLIN State Engineer EL Permit-3M-8-33. Permit No..._11..s_241..9.... *APPLICATION FOR A PERMIT To Appropriate the Public Waters of the State of Oregon CITY OF ASHLAND ( a municipal corporation) - (Name of applicant) of ASHLAbTD----------------------------------------------------- County of ---------`Ta'CksO----------------------- (Postoffice) Oregon do hereby make application for a permit to appropriate the State of n - following described public waters of the State of Oregon, SUBJECT TO EXISTING RIGHTS: If the applicant is a corporation, give date and place of incorporation 1878. Also February 21, 1889 (See Session Laws, Oregon,1889) 1. The source of the proposed appropriation is gt_1.1phuT__SpTing............................................ (Name of stream) a tributary of ---Neil Creek 2. The amount of water which the applicant intends to apply to beneficial use is -_Ap_proxi_ma.tely four-fifths of the resent 1¢w o aid r'n said four-fifths mou ting to--- Pe a roaima. el 'c~u9bT e t pery rysecond, or 15 all. p U.s r~ifa~t~~tod*froL~i~9lPt~e4tbnurc~iF(~t~ eY C1Yi•blttt3Fh)~~--`^~Y~ f ee s 7iF~. I Xc8 3use to which the water is to be applied is gerler l_,___m f9r drinking t~oc~ purposes, within the limits of the ci(~rG oaVl p° ~'1RC ;nib 0 (YAK i'oR~ ) Ore-ge,n-)-- er--for---irr-igation--an---any--pr-ope-r-ty---awned- by--the-_sai-d---c-it-Y---of------- Ashlaynhpoint of at rin e o diversion as located _--.___g and ft- fro;n the (N. or S.) fE. or W.) corner of (Section or s :bdivision) Within__-the _S~j_ of the &4 of Sect. 13 , Twp. 39 south (If preferable, give distance and bearing to section corner) of--R ange•_1___Eas----------------------------------------------------- h. Id. in Jackson County, Oregon (If there is more than one point of diversion, each must be described. Use separate sheet necessary) being within the __________________________SEJ_.ef..tbe__ Yj.--------------- of Sec 13 ,Tp • 39 S , (Give smallest legal subdivision! (N. or S.) R----- W. M., in the county of Jackson (E. 5. or W.) The P-ipe---line 32>200 feQt (Main ditch, canal or pipe line) - (Miles or feet) in length, terminating in the 3}~--------- 8 39 S , - of Sec.-------- Z'p• (Smallest legal subdivision) (N. or S.) R,__1_.-----___._..._-, W. M., the proposed location being shown throughout on the accompanying map. (E. or W.) DESCRIPTION OF WORKS DIVERSION WORKS- Concrete work around spring about 40 feet square 6. (a) Height of dam feet, length on top feet, length at bottom feet;. material to be used and character of construction (Loose rock, concrete, masonry, rock and brush, timber crib, etc., wasteway over or around dam) I (b) Description of ?2eadgate oncrete-_ work or wall around spring - (Timber, concrete, etc., number and size of openings) wat&r---- laws--dir-ect from sprAng-in-to...pipe--lime.................. (c) If water is to be pumped give general description R.4t__PUMp_iAg..at___pTesent__•-.. as water flows by gravity, but pump may be installe'c~aY'a~ei~:mp' (Size and type of engine or motor to he used, total head water is to be lifted, etc.) • A different form of application is provided where storage works are contemplated. Applications for permits to appropriate water for the generation of electricity, with the exception of municipalities, must be made to the Hydroelectric Commission. Either of the above forms may be secured, without cost, together with instructions by addressing the State Engineer, Salem, Oregon. CANAL SYSTEM OR PIPE LINE- 7. (a) Give dimensions at each point of canal where materially changed in size, stating miles from headgate. At headgate: width on top (at water line) feet; width on bottom feet; depth of water feet; grade feet fall per one thousand feet. (b) At miles from headgate: width on top (at water line) feet; width on bottom feet; depth of water feet; grade feet fall per one thousand feet. (c) Length of pipe, ft.; size at intake, in.; size at ft. from intake in.; size at place of use V_ in.; difference in elevation between intake and lace o use about- 80-_ ft--_- ft. Is grade uniform? Estimated capacity, 4" pipe line,s~apacity varying according to head. Actually delivers abo-ut -15 ga1- per min. 8. Location of area to be irrigated, or place of use Township Range Section I I Forty-acre Tract Number Acres To Be Irrigated Entire area of th city- of Ashland) or on any other land owned - - b-- the ity, whet er wi----- in or without the limi s of the city. F-r-esen-t- us-e----14mi-t d---te- car-i oun-te-4-r-fe ---in---el y- park------------------------- JI J ~ , - (If more space required, attach separate sheet) (a) Character of soil not- used for irrigation at present . . (b) Kind of crops raised 2 ? POWER OR MINING PURPOSES- 9. (a) Total amo %nl of power to be developed theoretical horsepower. (b) Quantity ater to be used-.fVY' power"-- sec. ft. (e) Total fall to be'utilized - _________H________w„ feet. (ead) ' i (d) The nature of thelkworks by means of which the power is to be developed_ t yr _ , (e) Such works to be locat l in o Sec......................... ! (Legal subdivision) Tp------- r•--------------- M. (No. N. or S.) (No. E. or W.) (f) Is water to be returned to any stream? (Yes or No) (g) If so, name stream and locate point of return Tp--------------------------- R... W. M. Sec---------- (No. N. or S.) (No. E. or W.) (h) The use to which power is to be applied is (i) The nature of the mines to be served - IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR JACKSON COUNTY } CITY OF ASHLAND, a municipal ) SUIT IN I~UITY FOR INJUNCTION corporation, ) } Plaintiff, ) vs* STIPULATION FRED C. HOMES and SUSANNA ) MORES CARM, } Defendants. ) As a basis for settlement of the above entitled matter, in the above entitled court and cause, IT IS HIRRBY STIPULATED AND AGREED by and between the City of Ashland, a municipal corporation, acting by and through its attorneys, Im. If. Briggs and Frank J. Van Dyke, and Fred C. Homes and Susanne Homes Carter, acting by and through their attorney, Gus NewBury: 1. `&at the defendants relinquish to the plaintiff all claim to four-fifths (4/5) of the aggregate flow of water from what is known as the Berkeley Spring, being the spring involved in this suit, said flow being estimated at approximately twenty (20) gallons per minute. 2. That the plaintiff relinquish all claim to one-fifth (1/5) of the aggregate flog of the waters of said spring. 3. That the plaintiff give and grant unto each of the defendants the right to tap any pipe line now existing or which may be installed by plaintiff, with a three-quarter (3/4) inch tap, for the service of the dwelling of the defendant Fred C. Homes, and for the service of the dwelling of the defendant Susanne Homes Carter, or for any future dwelling of each, or their successors, which snail take the place of those now existing, said taps to supply water from said plaintiff's pipe line for household use such as bath and toilet fixtures and for watering of stock, but not for any irrigation, and said use on each service tap is not to exceed the aggregate amount of twa hundred (200) gallons per day. 4. That the plaintiff install at its expense suitable equipment and measuring devices so as to furnish the defendants with one-fifth (1/5) of the Page -1- Stipulation flow of said spring at approximately the point where diversion is now made, said one-fifth (1/5) flow of said spring to be understood to be in addition to the service taps mentioned above. 5. That in the event the plaintiff should succeed in increasing the flow of said spring at some future date over the said present flow, estimated as being twenty (20) gallons per minute, that the said plaintiff is to have all of the benefit of said increased flow. 6. That the plaintiff, as compensation to the defendants, agrees, within ninety (90) days from date hereof, to give the defendants a certificate of water right from the State Water Board of the State of Oregon for five (5) acre feet of water impounded by the Talent Irrigation District, said grater right to be on the same terms, stipulations and conditions as exist in that certain contract between the City of Ashland and the Talent Irrigation District, recorded in Volume 163 at Pages 101-105 of the Jackson County, Oregon, Deed Records. 7. That in the event the said plaintiff is unable to furnish the said certificate of water right within the period above mentioned, then and in that event the above stipulation shall be considered null and void, and the parties thereto shall be deemed to be in the same pobition as though said stipulation had never been entered into. That upon the compliance by the plaintiff of the terms of this stipulation, this cause shall be dismissed without costs to either party. DATED this 27th day of February, 1934. . M. BRIWS FRANK J. VAS' DYKE Attorneys for plaintiff SUS NEWBURY Attorney for defendants Page -2- Stipulation MUNICIPAL OR DOMESTIC SUPPLY- 10. (a) To supply the city of Ashland --------------acks-an__--___--_.__-_.- County, having a present population of 5000 (Name of) and an estimated population of in 193--__... At present used for drink. purposes l in Lithia Park in Ashland, Oregon. I for domestic use state number of families to l-e supplied ___Zn_ti.re___pQPul&t_ion_ from central drinking fountains. (Answer questions 11, 12, 13, and 14 in all cases) 11. Estimated cost of mmwixd works, $__35_,_0Q0 12. Construction work will begin on or before -_-_-__-_Complete.................................................. 13. Construction work will be completed on or before Comple ted in 1915 14. The water will be completely applied to the proposed use on or before already applied CITY ASMAND of applicant) By Recorder. gne r e us as witnesses: (1) - (Name) (Address of witness) (N me) (Add ess of witness) Remarks: --See stipultion attached. This stipulation s also __.--_--r-e.comded_.in..ttihe.-Mis_ce.1lane.ous_..ftcarde__.of---the_State Engineer's office a$._ of-_ bear ch-_28 th )---1934 See__Permit__.#2 -Certificate -i 25 STATE OF OREGON, 88. County of Marion, This is to certify that I have examined the foregoing application, together with the accompanying maps and data, and return the same for In order to retain its priority, this application must be returned to the State Engineer, with corrections on or before 198--_-__. WITNESS my hand this day of 193 STATE ENGINEER STATE OF OREGON, PERMIT ss. County of Marion. This is to certify that I have examined the foregoing application and do hereby grant the same, subject to existing rights and the following limitations and conditions: The right herein granted is limited to the amount of water which can be applied to beneficial use and shall not exceed ___-____per second measured at the point of diversion from the stream, or its equivalent in case of rotation with other water users, from Sulphur... Spring---------------- The use to which this water is to be applied is ?=icipa,l•______________•_____••__............ If for irrigation, this appropriation shall be limited to of one cubic foot per second • • • • and shall be subject to such reasonable rotation system as may be ordered by the proper state officer. The priority date of this permit is April--25,_1934----- Actual construction work shall begin on or before May:- 26, 1935 and shall thereafter be prosecuted with reasonable diligence and be completed on or before Oct,--- - 1936------------------------- Complete application of the water to the proposed use shall be made on or before Oct. 1, 1957 WITNESS my hand this 2M------ day of-------May--------- 6z;~ STATE ENGINEER Permits for power development are subject to the payment of annual fees as provided in sections 1 and 2, chapter 74, Session Laws of 1933_ 6- J Y I O tin O ZZ% U I N w Ch 4: Z ti \ H W OZ 1 x C3 p o rn ~ W ~i o E-4 C/Z E-i i Q W w w o S Er-1 r_Q 2 ago q '°o 2 w y c W t>4 1 11 P~ cr 0 Q,. o 00 z Z) E~C`i'ION RANGE- _ , W. M. North 1Z 1 i got i f I i~ - _.7- _ _i - - - - - - - a:**aaca~+asewceor~r ~ South APPLICATION No. PERMIT No. ~ / A Ll A