HomeMy WebLinkAbout2006-154 Water Right Approval - Lost Creek Reservoir
Dregon
Theodore R Kulongoski, Governor
Water Resources Department
North MaIl Office Building
72S Summer Street NE, Suite A
Salem, OR 97301-1271
503-986-0900
FAX 503-986-0904
NOTICE TO PERMITTEE
ASSIGNMENT OF PERMIT: Pursuant to ORS 537.220, this permit may be assigned to a party
other than the permittee named hereon, if the land the permit is associated with changes
ownership, or if the permittee is an organization whose name changes as a result of sale or
merger. Request for Assignment forms are available from the Oregon Water Resources
Department web site at http//www.wrd.state.or.us/. or may be requested from the Department at
503-986-0801 or Water Right Application Section, Oregon Water Resources Department, 725
Summer St NE Ste A, Salem OR 97301.
REAL ESTATE TRANSACTIONS: Pursuant to ORS 537.330, in any transaction for the
conveyance of real estate that includes any portion of the lands described in this permit, the seller
of the real estate.shall, upon accepting an offer to purchase that real estate, also inform the
purchaser in writing whether any permit, transfer approval order, or certificate evidencing the
water right is available and that the seller will deliver any permit, transfer approval order or
certificate to the purchaser at closing, if the permit, transfer approval order or certificate is
available.
CULTURAL RESOURCES PROTECTION LAWS: Permittees involved in ground-disturbing
activities should be aware of federal and state cultural resources protection laws. ORS 358.920
prohibits the excavation, injury, destruction or alteration of an archeological site or object, or
removal of archeological objects from public and private lands without an archeological permit
issued by the State Historic Preservation Office. 16 USC 470, Section 106, National Historic
Preservation Act of 1966 requires a federal agency, prior to any undertaking to take into account
the effect of the undertaking that is included on or eligible for inclusion in the National Register.
For further information, contact the State Historic Preservation Office at 503-378-4168,
extension 232.
Carefully review the appeal rights included on the first page of your final order. In some cases, if
OWRD receives a request for reconsideration or petition for judicial review within 60 days of the
date the final order was served, OWRD may take action to withdraw or modify the final order, or
issue a final order denying your application.
S:\groups\wrlResource Center\formslnotice to permittee.wpd
RECEIVED
.
. SEP I 1 2006
City of Ashland
-.,
Oregon Water Resources Department
Water Rights Division
Water Rights Application
Number B-85733
Hearing and Appeal Rights
Under the provisions of ORB 537.170 and ORB 537.622, the applicant
may request a contested case hearing by submitting the information
required for a protest under ORB 537.153(6) or ORB 537.621(7) to
the Department within 14 days after the date of mailing of this
order as shown below. If a contested case hearing is requested, the
Department must schedule one. In the contested case hearing,
however, only those issues based on the above modifications to the
proposed final order may be addressed.
ORB 536.075 allows for additional appeal rights for other than
contested case. This is a final order in other than contested case.
This order is subject to judicial review under ORB 183.484. Any
petition for judicial review must be filed within the 60 day time
period specified by ORB 183.484(2). Pursuant to ORB 536.075 and OAR
137-004-0080 you may either petition for judicial review or
petition the Director for reconsideration of this order. A petition
for reconsideration may be granted or denied by the Director, and
if no action is taken within 60 days following the date the
petition was filed, the petition shall be deemed denied.
This statement of judicial review rights does not create a right to
judicial review of thi.s order, if judicial review is otherwise
precluded by law. Where no changes have been made to a Proposed
Final Order on a water right application and no protests have been
filed during the protest period, the final order is not subject to
judicial review.
Final Order
Application History
On August 11, 2003, CITY OF ABHLAND submitted an application to the
Department for a water use permit. The Department issued a Proposed
Final Order on May 11, 2004. The protest period closed June 25,
2004, and no protest was filed.
The proposed use would not impair or be detrimental to the public
interest, but the Department's continuing evaluation reveals that
the Proposed Final Order requires modification to correctly
describe the condition specifying the date by which construction
must be completed. The following condition was used in the draft
permit incorporated into the Proposed Final Order:
Complete application of the water to the use shall be made on
or before October 1, 2008. If the water is not completely
applied before this date, and the permittee wishes to continue
development under the permit, the permittee must submit an
application for extension of time, which may be approved based
upon the merit of the application.
This has been replaced with the following condition:
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.
Order
Application 8-85733 is therefore approved with this modification to
the Proposed Final Order, and Permit 8-54337 is issued approving
the application.
DATED September 7-, 2006
L C4 JuL:-.
Phillip C. Ward, Director ~
Water Resources Department
This document was prepared by Cory Engel. If you have any questions about any of the statements
contained in this document I am most likely the best person to answer your questions. You can reach
me at 503-986-0813.
If you have questions about how to file a protest or a request for standing, please refer to section
in this Final Order entitled "Hearing and Appeal Rights". If you have previously filed a protest and
want to know its status, please contact Mike Reynolds at 503-986-0820.
If you have other questions about the Department or any of its prowams please contact our
Customer Service Group at 503-986-0801.
Address all other correspondence to: Water Rights Section, Oregon Water Resources Department,
725 Summer St NE Ste A, Salem OR 97301-1266, Fax: 503-986-0901.
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 FROM THE NW CORNER OF SECTION 26
THE PLACE OF USE IS THE SERVICE AREA OF CITY OF ASHLAND.
Measurement, recording and reporting conditions:
A. Before water use may begin under this permit, the permittee
shall install a meter ot other .$uitable measuring device as
approved by the Director. The permittee shall maintain the
meter or measuring de:if.i.eeiaigooa. werking order, shall keep a
complete record of theambunt of water used each month and
shall submit a report which includes the recorded water use
measurements to the Department annually or more frequently as
may be required by th~; ni're.~tor. Further, the Director may
require the permittee ta':report general water use information,
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,
Annlication ~-85733
Water Resources Deoartment
PERMIT S-54337
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 Types
1. Screen material must provide a minimum of 27% open area.
2. For gravity ditch screens: Screen surface area must be at
least 2.5 ft2 of wetted screen material per 1 cfs water
diverted. (e.g. a ditch with a capacity of 3 cfs must have 7.5
ft2 of wetted screen material)
3. For pump screens: Screen surface area must be at least 2.5 ft2
of wetted screen material per 449 gpm of water pumped. (e.g.
a pump with a capacity of 1000 gpm must have 5.6 ft2 of wetted
screen mater~al)
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 I 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
sufficient water is available to satisfy all prior rights,
prior rights for maintaining instream flows.
times when
including
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 complete application of water to the proposed use,
the permittee shall submit a claim of beneficial use, which includes a
map and report, prepared by a Certified Wate~ Rights Examiner (CWRE).
Issued 8eptember L, 2006
/ -Z::4 u/~
Phillip C. Ward, Director ~
Water Resources Department
Application 8-85733
Water Resources Department
PERMIT 8-54337
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