Resolution - 2007 - 32 - Approve And Ratify The Lease Of Certain Water Rights With Idwr / Authorize Lease Payment - 09/18/2007
RESOLUTION NO. rJlj~
A RESOLUTION OF THE CITY OF EAGLE, IDAHO, APPROVING AND RATIFYING THE
LEASE OF CERTAIN WATER RIGHTS WITH THE IDAHO DEPARTMENT OF WATER
RESOURCES, AUTHORIZING THE LEASE PAYMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), owns and operates a
municipal water system and has the authority to enter into contracts on behalf of said water system
pursuant to Title 50, Chapter, 3, Idaho Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: The Agreement between the City and the Idaho Department of Water Resources
dated, September 12,2007, signed by the City Attorney, as annexed hereto as Schedule A and by
reference made a part hereof, is hereby approved and ratified on behalf of the City.
Section 2: This Resolution shall take effect and be in force from and after its passage and
approval.
DATED this 1fYJ, day of September, 2007.
CITY OF EAGLE
Ada County, Idaho
ATTEST:
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"/City derk
Schedule A
~ji~ 1 oj 3
STATE OF IDAHO COpM
DEPARTMENT OF WATER RESOURCES . U
WATER SUPPLY BANK RENTAL AGREEMENT
This is to certify that:
CITY OF EAGLE
PO BOX 1520
660 E CIVIC LN
EAGLE ID 83616
(208) 939-6813
filed an application to rent water from the Water Supply Bank ("bank"). The Idaho Water Resource
Board ("Board") being authorized to operate a bank and to contract by and through the Director of the Idaho
Department of Water Resources ("Director, department") for rental of water from the bank agrees to rent water
as follows:
Summary of Water Riahts or Portions Rented from the Bank
Permit
63-12448
Rented
Rate
0.80 CFS
Annual Rented
Volume
130.0 AF
T otol Rented
Acres
NA
COMBINED
RENTAL TOTALS
0.80 CFS
130.0 AF
NA
TERM OF RENTAL:
Seotember 11. 2007 to December 31. 2008 or the date of final resolution of
contested matters associated with water permit nos. 63-32069 and 63-32090.
whichever occurs first
RENTAL FEE: $162.00 annuallv
The total fee for rental of the above-described water is $1,820.00 annually. The undersigned renter is also the
lessor under this agreement, and is therefore obligated to pay only the administrative fee of $182.00 annually.
Detailed water right specific limitations and conditions attached.
------------------------
The undersigned renter agrees to use the water rented under this agreement in accordance with the Water
Supply Bank rules and in compliance with the limitations and conditions of use described in this agreement:
Dated this
J'L
day of
,20 0--'
----_______________R_____..___.......________________________ ________________
Having determined that this agreement satisfies the prOVisions of Section 42-1763, Idaho Code, and, IDAPA
37.02.03030 (Water Supply Bank Rule 30), for the rental and use of water under the terms and conditions
herein provided, and none other, I hereby execute this Rental Agreement on behalf of the Idaho Water
Resource Board this 1Z:lb day of ~bU" , 20...QL.
~.4/~
DAVID R. TUTHILL, JR., Director
Department of Water Resources
P"9!l 2 of 3
WATER PERMIT NO. 63-12448
WATER SUPPLY BANK RENTAL AGREEMENT
The renter agrees to use the water rented under this agreement in accordance with the Water Supply Bank
rules and in compliance with the limitations and conditions of use described below:
Renter:
CITY OF EAGLE
PO BOX 1520
660 E CIVIC LN
EAGLE 10 83616
(208) 939-6813
Priority Date: 4/08/1998
Source:
GROUND WATER
BENEFICIAL USE
MUNICIPAL
From To
01101 to 12/31
Diversion Rate
0.80 CFS
Total: 0.80 CFS
Volume
130.0 AF
130.0 AF
LOCATION OF RENTER'S POINTIS) OF DIVERSION:
GROUND WATER NWV.SEV. Sec. 11 Twp 04N
GROUND WATER SEV.NWV. Sec. 11 Twp 04N
GROUND WATER SW';'SWv. Sec. 4 Twp 04N
GROUND WATER NW';'SWV. Sec. 3 Twp 04N
GROUND WATER SWV.SWv. Sec. 3 Twp 04N
GROUNDWATER SEX.SEX. Sec. 11 Twp04N
GROUNDWATER NWX.SEX. Sec. 11 Twp04N
Rge 01W
Rge 01W
Rge 01 E
Rge 01 E
Rge 01E
Rge 01W
Rge 01W
ADA County
ADA County
ADA County
ADA County
ADA County
ADA County
ADA County
RENTER'S PLACE OF USE: MUNICIPAL
Place of use is within the service area of the City of Eagle municipal water supply system as provided for under
Idaho Law.
CONDITIONS OF WATER USE
1.' The use of water under this agreement shall be subject to the provisions of Section 42-1766, Idaho
Code.
2. Rental of the specified permit from the bank dOl;!s not, in itself, confirm the extent of beneficial use
developed under the permit.
3. Use of water under this agreement does not constitute' a dedication of the water to renter's place of use
and upon expiration of this agreement, the points of diversion and place of use of the water shall revert
to those authorized under the water permit.
4. This rental does not grant any right-of-way or easement to use the diversion works or conveyance works
of another party.
5. This rental agreement does not authorize the construction of a well.
6. Use of water under this agreement shall not prejudice any action of the Department in its consideration
of any permanent application for permit filed by the applicant for this same use.
P~e 3 of 3
7. Renter agrees to comply with all applicable state and federal laws while using water under this
agreement.
8. Renter agrees to hold the Board, the Director and the state of Idaho harmless from all liability on
account of negligent acts of the renter or injury to other water rights while using water under this
agreement.
9. Renter acknowledges and agrees that the Director may terminate diversion of water or require
mitigation if the Director determines that diversion and use of water under this agreement causes injury
to other water rights or that there is not a sufficient water supply for the priority of the right or portion
thereof being rented.
10. Failure of the renter to comply with the conditions of this agreement is cause for the Director to rescind
approval of the rental agreement.
11. The renter must diligently pursue a permanent water right to provide for the uses authorized under this
rental agreement.
12. In the event that continued water use is not authorized, the renter agrees to hold the Board, the Director
and the state of Idaho harmless from any claim for reimbursement or expenses associated with the
development of new and supplemental water uses.
13. Prior to diversion of water under this agreement, the renter shall install and maintain a measuring device
and lockable controlling works of a type acceptable to the Department as part of the diverting works.
..,
Idaho Department of Water Resources Receipt
Receipt 10: C084925
Payment Amount $182.00 DateReceived 9/12/0711:57 Region STATE
Payment Type Check Check Number 12312
Payer MOORE SMITH BUXTON AND TURCKE CHTD
Comments WATER BANK DEPT SHARE
Fee Details
Fund
0229
Fund
Detail PCA Subobject
21 55109 1205
Amount Description
$182.00 WATER BANK-DEPARTMENT SHARE
(J* (:7
Signature Une (Department Representative)