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Home My WebLink About2011-105 Letter - WMCP Extension Deadline _-~ -0 ~i_{~ regoo ..... John A. Kitzhaber, MD, Governor March 31, 2011 Water Resources Department North Mall Office Building 725 Summer Street NE, Suite A Salem, OR 97301-1271 503,986-0900 FAX 503-986-0904 City of Ashland Public Works Department Attn: Pieter Smeenk P.E., S.E. 20 E. Main Street Ashland, OR 97520 RE: Request for Additional Time to SubmirMuniCijJarWater Management and- Conservation Plan for the City of Ashland Dear Mr_ Smeenk: We received your request for additional time to submit the City of Ashland's water management and conservation plan (WMCP). The request was necessitated by the limited availability of City staff to work on preparation of the WMCP, as well as current budget constraints that limit the City's ability to sub-contract the WMCP preparation. Pursuant to OAR 690-086-0920, the request is granted. The new deadline for submittal of the plan is Monday, April 2, 2012. In light of this approval for additional time to submit your WMCP, the Department would like to highlight how this could affect water use permit(s) you may hold. Please be aware that if access to water under an extended permit has been limited, as specified either under an order extending the permit or in a previous order approving a WMCP, the City may only increase the maximum rate of water diverted under the extended permit through the approval of an updated WMCP [OAR 690-315-0090(3) and OAR 690-086-0915(4)]. Please do not hesitate to contact Lisa Jaramillo of the Department staff if we can be of further assistance. You may reach Lisa bye-mail at LisaJJaramillo(qlwrd.state.oLus or by telephone at 503-986-0880. Administrator cc: WMCP file Lany Menteer, District #13 Watermaster This is a fmal order in other than contested case. This order is subject to judicial review under ORS 183.484. Any petition for judicial review must be filed within the 60 day time period specified by ORS 183.484(2). Pursuant to ORS 536.075 and OAR 137-004-080 and OAR 690,01,005 you may either petition for judicial review or petition the Director for reconsideration of this order. @ STATE OF OREGON COUNTY OF JACKSON PERMIT TO APPROPRIATE THE PUBLIC WATERS THIS PERMIT IS HEREBY ISSUED TO CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 The specific limits and conditions of the use are listed below. APPLICATION FILE NUMBER: S-85733 SOURCE OF WATER: LOST CREEK RESERVOIR, A TRIBUTARY OF ROGUE RIVER, CONSTRUCTED UNDER PERMITS R-8141 AND R-8142 PURPOSE OR USE: MUNICIPAL USE MAXIMUM VOLUME: 1000.0 ACRE FEET EACH YEAR PERIOD OF USE: YEAR ROUND DATE OF PRIORITY: AUGUST 11, 2003 . POINT OF DIVERSION LOCATION: SW ~ NW.~ SECTION 26, T33S, R1E, W.M.; 2055 FEET SOUTH & 1190 FEET EAST FROJvt'Tl!.E Nw 'CORNER OF SECTION 26 \~;~;..' -': -t"'r<:-.. THE PLACE OF USE IS THE SE~Y;I;.qEA,R$,OF<cfT;Y"~1F ASHLAND. '. <.;/...,..." " _,.:".. "'. . ',;"" ,",-" ,,', . .'. :/f_ .', Measurement, recording... ~~~:/~:~~r_t,fp9.~.C9~~a'.\i~%t\\:\ A. Before, watetz,~!3<';;1Ji1~*~~.it$~P:>~gfl,~fci ~h}~;\permit, ~he per~ittee shall J.nstal!l" F'meter ;d;t','qtq~r)i.$ua.~ah~e measunng dence as approved bY,'9,l}~,.Ilt.~,SRf!{;!;i,~~~~;~try}ttit-!ee shall maintain the meter or mea~~q.r~\~$~.1f1.f;~?J\It~t9'q9d,.;~r~fng order, shall keep a complete rec6.rd'9f t,1'i~ ,<;Wgun1;J ?f,ywat;.'er used each month and shall submit a;rep~rt~.,~l{i'6_l;1.;~ni;:)!Ud~~ the recorded .water use measurements to'~he;De.pa~fueA~~an~ually or more frequently as may ?e required ."bY<,S~~t,i':i,ff~~t3~:'/ Further, the ~irector, may requJ.re the permJ.ttee.td~~~ort general water use J.nformatJ.on, including the place and nature of use of water under the permit. ' B. The permittee shall allow the watermaster access to the meter or measuring device; provided however, where the meter or measuring device is located within a private structure; the watermaster shall request access upon reasonable notice. Within three years of permit issuance, the permittee shall submit a Water Management and Conservation Plan consistent with OAR Chapter 690, 1\,..,,..,1; ~~t-;~n S-R'i731 "'~t-Qr ." r'l' .C!-<;4':l':l7 Division 86. The Director may approve an extension of this time line to complete the required Water Management and .Conservation Plan. The time line for submittal of a plan under this permit does not alter the time lines for submittal of a plan under any other order of the Department. The permittee shall not construct, operate or maintain any dam or artificial obstruction to fish passage in the channel of the subject stream without providing a fishway to ensure adequate upstream and downstream passage for fish. The applicant is hereby directed to contact an Oregon Department of Fish and wildlife Fish Passage Coordinator before beginning construction of any in-channel obstruction. The permittee shall install, maintain, and operate fish screening and by-pass devices as required by the Oregon Department of Fish and Wildlife to prevent fish from entering the proposed diversion. The required screens and by-pass devices are to be in place, functional and approved by an ODFW representative prior to diversion'of any water. The screens shall conform to the following specifications: All Screen Tvoes 1. Screen material must provide a minimum of 27% open area. 2. For gravi ty ditch screens: Screen surface area must be at least -2.5 ft' of wetted screen material per 1 cfs water diverted. (e.g. a ditch with a capacity of 3 cfs must have 7.5 ft' of wetted screen material) 3. For pump screens: Screen surface area must be at least 2.5 ft' of wetted screen material per 449 gpm of water pumped. (e.g. a pump with a capacity of 1000 gpm must have 5.6 ft' of wetted screen material) Perforated Plate Screens: Openings shall not exceed 3/32 inch (2.38 mm) . Mesh/Woven Wire Screens: Openings shall not exceed 3/32 (0.0938) inch (2.38 mm) in the narrow direction. (e.g. a 1/4 X 3/32 inch mesh is acceptable) Profile Bar Screens/Wedqe Wire Screens: Openings shall not exceed 0.0689 inches (1.75 mm) in the narrow direction. Water use under this permit is subject to the terms and conditions of the WATER STORAGE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF ASHLAND, OREGON FOR WATER STORAGE. SPACE IN LOST CREEK LAKE PROJECT, OREGON, approved July 26, 2002 (or a satisfactory replacement), which is on file with the Department. STANDARD CONDITIONS Where two or more water users agree among themselves as to the manner of rotation in the use of water and such agreement is placed in writing and filed by such water users with the watermaster, and such rotation system does not infringe upon such prior rights of any water user not a party Application S-85733 Water Resources Department PERMIT S-54337 to such rotation plan, the watermaster shall distribute the water according to such agreement. Failure to comply with any of the provisions of this permit may result in action including, but not limited to, restrictions on the use, civil penalties, or cancellation of the permit. This permit is for the beneficial use of water without waste. The water user is advised that new regulations may require the use of best practical technologies or conservation practices to achieve this end. By law, the land use associated with this water use must be in compliance with statewide land-use goals and any local acknowledged land-use plan. The use of water allowed herein may be made only at times when sufficient water is available to satisfy all prior rights, including prior rights for maintaining instream flows. The Director finds that the proposed use(s) of water described by this permit, as conditioned, will not impair or be detrimental to the public interest. The permit holder shall commence and complete the construction of any proposed works within 15 years from the date of permit issuance. The Department may order and allow an extension' of time to complete construction or to perfect a water right beyond 15 years from the date of permit issuance. -. . ."" ..." . Within one year after compl!'!t~;~~J/icatiofl';6~, water to the proposed use, the permittee shall submit. a.claimi.of'beheficial use, which includes a map and report, prepared:By;a';c~itili~:d\qat~;t-/;Rights Examiner (CWRE). . '.." " . '._ ':""" ',':J' ',. '. ... Issued 8eptember ~,""1.;O.b6' ,,' . ,~"S" "" ,:. 7 ~ d))"\,i:/::>..J,'i,,,:::L;\;;"',;~:J: ;.<)\: ~: - t~-I"/ . ~.~:'i?i~';:))~';':y.;~:,..;,T{V:'d;(;'} Phl11lp C. Ward, Dlrect.or.A,.J......,:,..",,,;I;..,..,,.,,.. '.' 'J' '" ,'il -'. ", ,',\";~, ^'. ~ ,.1, ~ ,",' '.: \1 i:..1 ". ".:' . .'~ :" ,;, ' Water Resources Department... ...\,.'...../-,.,::;.;'..,'..,/ c. .:'. . , \.:":.'.,.:~.i':~:~~,::::;:.:'" N':Y" '<- - i "'~ ,'.1>' /. 1>1, ,r"./ '~~<::~ ~.;i~~.;, ~t;:-:?::::::~:. ~-' Application 8-85733 ""'0; n '" Water Resources Department Unl nma ,,, ,,' MT""" PERMIT 8-54337 ,'"