HomeMy WebLinkAbout1986-062 Water Right TransferVICTOR ATIYEH
GOVERNOR
Water Resources Department
3850 PORTLAND ROAD NE, SALEM, OREGON 97310
December 29, 1986
PHONE
378-3066
City of Ashland
City Hall
Ashland, OR 97520
REFERENCE: File T-Sg6i
Enclosed is a copy of the order approving your
application.
A time to complete the transfer is given in the order.
completion is enclosed for your convenience.
water right transfer
A form for reporting
YOU SHOULD GIVE PARTICULAR ATTENTION TO THE TIME LIMIT. The
water right for any portion of the authorized change in use or change in place
of use NOT carried out within the time allowed will be lost.
An extension of the time limit can be allowed only upon a showing that
diligent effort has been made to complete the actual change within the time
allowed.
If you require a certified copy of this order for business purposes, one will be
sent upon request.
A survey will be made after the completion date to determine the actual
amount of water used.
Sincerely,
SAMUEL R. ALLISON
Transfer Section
SR A:wpc
enclosures
cc: Bruce A. Sund, Watermaster, District 13
0331/G
8013D
BEFORE 1HE WATER RESOURCES DIRECTOR OF OREGON
0ACKSQN COUNIY
IN THE MAT}ER OF ]HE APPLICATION OF )
CIIY OF ASHLAND FOR APPROVAL OF )
CHANGES IN USE HERE] OFORE N.~ADE )
AND POIN-[ OF DIVERSION OF WA]ER )
ORDER APPROVING
1RANSFER b861
On October 9, 1986, an application was filed in the office of the Water Resources
Director by City of Ashland for approval of changes in use heretofore made and point of
diversion of water from Ashland Creek, pursuant to the p~ovisions of ORS 540.510 to
540.
The certificate recorded at page 48561, Volume 42, State Record of Water Right
Certificates, in the names of Kenneth H. and Laura 3ones and Phillip F. and Luella Ivy.
Bryant, describes a right for the use of not Lo exceed 0.0~ cubic foot per second from
Ashland Creek, for irrigation of a certain 1./4 acres in Lot 5 (SE 1//~ SE 1/4), Section 32;
3.9 acres in Lot 7 (SW 1/4 SW 1/4), Section 33, both Township 38 South, Range I East, Wbll
1.5 acres in NW 1/4 NW 1/4, Section z~ and 0.2 acre in Lot I (NE 1/4 NE 1/4), Section 5,
both ] ownship 39 South, Range I East, WM. with a date of priority of 1864.
Water for the said right is diverted, through the Smith-Nlyer Roper Ditch, from a point
located 60 feet South and 450 feet East from the Northwest Corner of Section 4, being
within the NW 1/4 NW 1/4 of Section 4, lownship 39 South, Range I East, WM.
The applicant herein, owner of the lands above described, proposes to change the use
heretofore made therefrom, to municipal use within Sections 4, 5, 8, 9, 10, 11, 14, 15, 16,
17 and 23, Township 39 South, Range I East, WM, and to change the point of diversion to
a point located 100 feet North and 10 feet West from the Southeast Corner of Section 20,
being within the SE 1/4 SE 1/4 of Section 20, l'ownship 39 South, Range I East, WNI.
Notice of the application, pursuant to ORS 540.520(2), was published in The Daily Tidings~
a newspaper having general circulation in the area in which the water right is located, for
a period of three weeks in the issues of October 30, November 6 and 13, 1986.
Bruce R. Sund, Watermaster, has filed a statement to .*..he effect that the proposed
changes in use heretofore made and point of diversion may be made without injury to
existing rights.
'No objections having been filed and it appearing that the proposed changes in use
heretofore made and point of diversion may be made without injury to existing rights~ the
application should be approved.
NOW, IHEREFORE, it hereby is ORDERED that the proposed changes in use heretofore
made and point of diversion are approved, without loss of priority,
Volume 40, page 544
It is FUR1HER ORDERED that the quantity of water used for the proposed purpose shall
not exceed 0.0P cubic foot per seconds and shall be used only during the irrigation season
of each year.
It is FURTHER ORDERED that the following provisions shall be effective when in the
judgment of the Watermaster it becomes necessary to install headgates and measuring
devices;
] hat the diversion works shall include an in-line flow meter, a
weir, or other suitable device for measuring the water Lo
which the applicant is entitled;
That the type and plans of the measuring device be approved
by the W atermasLer before the beginning of construction work
and that the weir or measuring device be installed under the
general supervision of said waLermasLer.
It is FURlHER ORDERED that the subject water right is hereby severed from the use and
place of use described in Certificate/48561, and shall be beneficially used as authorized by
this order on or before October 1, 1991.
It is FURTHER ORDERED that the right Lo divert water from the point described in
Certificate/48561 is hereby canceled, and water shall be used from the new diversion
point on or before October 1, 1991.
It is FuRTFiER ORDERED that the certificate recorded at page /48561, Volume /42, State
Record of Water Right Certificates, is canceled;, and upon proof satisfactory to the Water
Resources Director of completion of works and beneficial use of water to the extent
intended under the provisions of this order, a confirming certificate of water right shall
be issued to the applicant herein.
Dated at Salem, Oregon, this 23rd day of December, 1986
WILLIAM H. YOUNG~,~ -
Director
NO-[E;
0337/f
7925D
The approval of a water right transfer application does not confirm the status
of the right in regard Lo the provisions of ORS 540.610 pertaining to
forfeiture or abandonment.
Volume 40, page 545