Minutes - 2008 - City Council - 03/06/2008 - Special
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EAGLE CITY COUNCIL
Special Meeting Minutes
March 6, 2008
1. CALL TO ORDER: Mayor Bandy calls the meeting to order 3: 10 p.m..
2. ROLL CALL: Present: GUERBER, HUFFAKER, SHOUSHTARIAN; SEMANKO. A
quorum is present. - Semanko present via tele-conference.
3 EXECUTIVE SESSION:
A. Pending & Threatened Litigation: r.c. 67-2345 (f)
Guerber moves to go into executive session for acquisition of property as allowed in Idaho
State Code 67-2345 (c), and for Idaho State Code 67-2345 (t) pending and threatened
litigation Eagle River litigation and Legacy matter. Seconded by Shoushtarian ....
HUFFAKER AYE; SHOUSHTARIAN AYE; GUERBERAYE; SEMANKO
AYE.. .MOTION CARRIES.
Discussion of pending and threatened litigation regarding Eagle River litigation and the Legacy
matter as well as acquisition of property.
Council exits executive session at 3:50 p.m.
4. NEW BUSINESS:
A. Consideration of water lease from the Idaho Water Bank.
Huffaker states that the City of Eagle and the applicant have agreed to the first amendment to the
MOA, paragraph 5 of the MOA reserves the to the City discretion to designate any terms and
conditions under which leased water may be used to meet development agreement requirements
for the Legacy development. Therefore pursuant to the exercise of that discretion set forth in
paragraph 5 of the first amendment to the MOA, I make a motion as follows:
Huffaker the City Clerk is directed to sign the final plat for Mosca Seca 1 a part of the
Legacy development subject to the following terms and conditions: 1.) The developer shall
continue to full meet its obligations under the Memorandum of Agreement dated
November 17,2005, as amended by the first amendment to Memorandum of Agreement
dated February 26, 2008 and the Memorandum of Understanding for issuance of building
permits dated January 29, 2008. 2.) Developer shall complete all actions required under
the MOA as amended and shall meet all the terms and conditions in the rental agreement
entered into by the City through the Idaho Water Resources Board Water Bank dated
February 29, 2008. Specifically including the requirements of conditions number 14 in the
rental which references the conditions in the final order on applications for permit number
63-32089 and 63-32090 issued on February 26, 2008. 3.) The action of the City to approve
the temporary use of the leased water rights and the signing of the final plat for Mosca
Seca 1 shall not constitute a waiver or release of any rights held or reserved by the City
pursuant to the MOA as amended. 4.) If the developer takes any action in violation of the
MOA, and its first amendment, including, but not limited to, any action in violation of
paragraph 10 ofMOA as amended, the waiver of claims provision, or pursuant to
paragraph 12 or 13 of the MOA as amended the arbitration and other claims provisions, or
fails to comply with the terms set forth in this motion the MOA or the MOU for issuance of
building permits, the City then reserves all rights and may have pursuant to the original
MOA, its first amendment, any and all conditions of approval, the development agreement,
City Code and other applicable laws and policies with regard to enforcement of these term,
including but not limited to non-issuance or revocation of building permits or occupancy
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permits. And as part of this motion I also move to authorize the Mayor to sign the water
bank lease agreement. Seconded by Guerber. HUFFAKER AYE; SHOUSHTARIAN
NAY; GUERBERAYE; SEMANKO AYE. THREE AYE; ONE NAY...MOTION
CARRIES.
Discussion regarding Mosca Seca 2.
Huffaker moves to apply the same terms and conditions to Mosca Seca 2 as we have
previously outlined for Mosca Seca 1, when that becomes ready and available to be sign.
Seconded by Guerber. HUFFAKER AYE; SHOUSHTARIANNAY; GUERBERAYE;
SEMANKO AYE. THREE AYE; ONE NA Y...MOTION CARRIES.
Guerber moves to go into executive section per Idaho State Code 67-2345(t) to consider
pending and threatened litigation in regard to the Eagle River and acquisition of private
property 67-2345(c). Seconded by Huffaker. HUFFAKER AYE; SHOUSHTARIAN NAY;
GUERBERAYE; SEMANKO AYE. THREE AYE...ONE NAY....MOTION CARRIES.
Discussion of Eagle River litigation and acquisition of private property.
Council leaves executive session.
5. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Huffaker. ALL AYE: MOTION CARRIES...
Hearing no further business, the Council meetinl! ~~wned at 4:45 p.m.
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY
HALL
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State of Idaho
DEPARTMENT OF WATER RESOURCES
322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098
Phone: (208) 287-4800 • Fax: (208) 287-6700 • Web Site: www.idwr.idaho.gov
C. L. "BUTCH" OTTER
Governor
►=''� `:'`�? ,` r = r -r J DAVID R. TUTHILL, JR.
CITY ��r Fp Mayor/ City Council k/Director
. � 2008 Clerk
P & Z Dept.
Fite: _.� _ .._. Bldg. Dept
Route to: Attorney ✓
_..__ .._._. w_.__....__,:_....._.... �' .+ Engineer
cc
February 29, 2008
CITY OF EAGLE
660 E CIVIC LN
PO BOX 1520
EAGLE ID 83616
RE: APPLICATION TO RENT WATER FROM THE WATER SUPPLY BANK
WATER RIGHT NO(S). 63-32960
Dear Renter:
The Department of Water Resources (Department) acknowledges receipt of your application to
rent water from the Water Supply Bank (Bank). Please find enclosed a Water Supply Bank
Rental Agreement for your review and signature. Upon signature and return of the original
agreement, together with the rental fee described below, the Department will also sign the
original agreement and return an executed copy to you. Execution of the agreement and
compliance with the conditions of approval authorize diversion and use of water as provided in
the agreement.
On the application you requested a rental diversion rate of 2.00 cfs and a diversion volume of
320.0 acre-feet. The diversion volume applied to this rental agreement is the amount
proportional to the requested diversion rate based on the amount authorized under the water
right(s) rented.
The total rental fee of $4800.60 was calculated based on the current rental rate of $14.00 per
acre-foot times a diversion volume of 342.9 acre-feet. Ten percent (10%) of the total rental fee
is retained by the Department for administrative fees in accordance with Water Supply Bank
rules, IDAPA 37.02.03.01. The remaining ninety percent (90%) is issued back to the lessor of
the above referenced water right(s) in the form of a warrant. Since the lessor of the right is
requesting that you only pay the administrative fee under this agreement, the Department
requires that you submit only that portion of the total payment. Therefore, a rental fee of
$480.06 must be paid in accordance with the rental agreement. Please send a check made
payable to the Idaho Department of Water Resources together with the signed rental
agreement. Return the signed agreement and fee to my attention within ten (10) days of receipt
of this letter so I can complete the processing. An annual payment shall be received by the
Department prior to the execution of this agreement and prior to January 1 in all subsequent
years for the duration of the rental period. The agreement will be void if the payment is not
received for a given year.
Please note that applications for rental of water must be reviewed in accordance with Section
42-1763, Idaho Code, and the Department's Water Supply Bank Rule 30 (IDAPA 37.02.03.030).
This includes consideration of whether there will be injury to other water rights, whether the
proposal would constitute an enlargement of the water rights, whether the water will be put to a
beneficial use, whether the water supply available from applicable rights in the Bank is sufficient
for the use intended and whether the proposal is in the local public interest. While a one-year
rental usually involves a general review of the water rights and proposed use, rental of water
over multiple years may require more comprehensive review, notice to advise anyone who
desires to protest the proposed water use, and approval by the Idaho Water Resource Board.
Please review the conditions of water use described in the agreement and contact me if you
have any questions at (208) 287-4943.
Sincerely,
Aaron Marshall
Water Allocation Bureau
Enc: 1
c: John Westra — IDWR Western Regional Office
Bruce M. Smith — Moore Smith Buxton & Turke
Page 1 of 3
This is to certify that:
STATE OF IDAHO
DEPARTMENT OF WATER RESOURCES
WATER SUPPLY BANK RENTAL AGREEMENT
CITY OF EAGLE
660 E CIVIC LN
PO BOX 1520
EAGLE ID 83616
(208) 331-1800
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 Rights or Portions Rented from the Bank
Water i Rented Annual Rented Total Rented
Right Rate Volume Acres
63-32960 r 2..0Q CFS 342.9 AF N/A
COMBINED
RENTAL TOTALS: 2.00 CFS 342.9 AF N/A
TERM OF RENTAL: February 29. 2008 to December 31. 2012
RENTAL FEE:
$ 480.06 annually
The total fee for rental of the above-described water is-$ 4,800.60 per year. The undersigned renter has
a private agreement with the lessor, of this'nght, and is therefore obligated to pay only the administrative
fee of $480.06 annually. An annual paymentshall;be received by,the,°Department of Water Resources
prior to January 1, each year for the duration ofAthe rental period. The agreement will be void if the
It
payment is not received in a given.,yearo. . •
;yr
Detailed water right specific limitations and conditions attached::
•
The undersigned renter agrees to use the water rentedyunderthis agreement in accordance with the
Water Supply Bank rules and in compliance with' th elimitations‘and conditions of use described in this
•
Dated this day of '
By:
(Print Name) (Signature)
, 20
(Title if on behalf of company or organization)
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 day of , 20
DAVID R. TUTHILL, JR., Director
Department of Water Resources
Page 2 of 3
WATER RIGHT NO. 63-32960
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
660 E CIVIC LN
PO BOX 1520
EAGLE ID 83616
(208) 331-1800
Priority Date: 10/06/1973
Source: GROUND WATER
BENEFICIAL USE ,4From To Diversion Rate Volume
MUNICIPAL011,.0to 12/31 2.00 CFS 342.9 AF
•
4, Total: 2.00 CFS *342.9 AF
LOCATION OF RENTER'S POINT(SOF DIVERSION:
GROUND WATER NW% W1, Sec. 3 Twp 04N Rge 01 E ADA County
GROUND WATER SW'4S Ilia Sec. 3: Twp 04N Rge 01 E ADA County
. ,:...cmc ,.
GROUND WATER SW1/4SWY -Sec. 4,,. ,, Twp 04N Rge 01E ADA County
GROUND WATER SE'Y4NW'/= �::r:::ec.•1.1 '1Twp 04N Rge 01W ADA County
GROUND WATER NWY4SE' wSec. 11 Twp 04N Rge 01W ADA County
GROUND WATER SEY4SE'/4 NSc . 11 Twp',04N .., Rge 1W ADA County
RENTER'S PLACE OF USE: MU{N{-ICIPAL,,:l�. •
Place of use is within the servicearea o•,the'
under Idaho Law. ? , C'
COND!TIONS.bF.WATER U,;
1. The use of water under this agreement•siiail�besubject tote provisions of Section 42-1766, Idaho
Code. •�• ,�. - :_•.> _-s1= -_�• ,
-� .•' .` ;Fn. :ate ._>=.'��. •_
2.* The renter is not authorized to divert more than theconsumptive use portion of 342.9 acre-feet of
ground water for municipal purposes under ths a'is-agreement,• which itotal annual diversion volume
of 266.7 acre-feet.
3. The diversion of water under this agreement, when combined with rental of permit no. 63-12448 in
the amount of 0.80 cfs, and water permit nos. 63-32089 and 63-32090, shall not exceed a total
combined diversion rate of 2.23 cfs.
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.
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.
Page 3 of 3
WATER RIGHT NO. 63-32960
WATER SUPPLY BANK RENTAL AGREEMENT
CONDITIONS OF WATER USE
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.
14. Prior to diversion of water and dunn9 theeterm of this agreement, the renter shall comply with the
conditions of approval set forth in:the final order in the matter of applications to appropriate water nos.
63-32089 and 63-32090 in .thename of the City of Eagle, issued by the Director of the Department of
Water Resources on February..26:' 2008.
State of Idaho
DEPARTMENT OF WATER RESOURCES
322 East Front Street • P.O. Box 83720 • Boise, Idaho 83720-0098
Phone: (208) 287-4800 • Fax: (208) 287-6700 • Web Site: www.idwr.idaho.gov
February 29, 2008
EAGLE SPORTS LEGENDS INVESTMENTS LLC
533 E RIVERSIDE DR #200
EAGLE ID 83616
C. L. "BUTCH" OTTER
Governor
DAVID R. TUTHILL, JR.
Director
RE: APPLICATION(S) TO LEASE WATER RIGHT NO(S). 63-5094 AND 63-32960 TO THE
WATER SUPPLY BANK
Dear Lessor:
The Department of Water Resources (Department) has completed its review of the Application
to Sell or Lease Water Right(s) to the Water Supply Bank (Bank). Water right nos. 63-5094 and
63-32960 are accepted into the Bank in accordance with the attached Water Supply Bank
Lease Acceptance. If you do not agree with the conditions of the Lease Acceptance and would
like to withdraw your water right from the Bank, you must contact the Department within thirty
(30) days of receipt of this notification.
One of the applications offered water right no. 63-7847 for lease to the Bank. However, after
receipt of this application, the Department completed a change in ownership of this right which
resulted in splitting the right into portions now described under rights 63-32959 and 63-32960.
Water right no. 63-32960 is now the portion owned by the lessor and is accepted into the Bank
along with water right no. 63-5094.
Please note that although these rights are accepted into the bank, water right no. 63-5094 and
the western portion of water right no. 63-32960 will not be available for rental from the bank
unless enlargement concerns associated with an overlapping ground water right no. 63-10700
are addressed.
Additionally, the Department understands that the lessor intends to use ground water for
irrigation under water right no. 63-10700 from a well located in the SW'/4SW% Section 2, TO4N,
RO1W. However, the point of diversion location authorized under water right no. 63-10700 is
located in the NE%NE'Y4 Section 10, TO4N, RO1W. Prior to diversion of water under this right,
an application for transfer may be necessary to change the point of diversion described by this
right.
The right(s) will automatically be released from the bank on December 31, 2012, unless the
right(s) are released earlier by the Board, or upon request by the lessor. To change the term of
the lease or to release the right(s) from the Bank, the lessor must submit a request in writing to
the Department prior to the release date.
Please review the conditions of acceptance listed on the Lease Acceptance and contact me if
you have any questions at (208) 287-4943.
Sincerely,
Mayor/ City Council
/1 - / City Clerk c/ ( CITY
Aaron Marshall P & Z Dept. 10'1'
Water Allocation Bureau Bldg. Dep'
Attomey
Enc: 1 Engineer
c: John Westra — IDWR Western Regional Office
Scott Campbell — Moffatt Thomas Barrett Rock & Fields
IFi'e: —
_,_._.---...---
'te to:____....
c:_ --- -.--__.__
L
Page 1 of 5
STATE OF IDAHO
DEPARTMENT OF WATER RESOURCES
WATER SUPPLY BANK LEASE ACCEPTANCE
This is to certify that: EAGLE SPORTS LEGENDS INVESTMENTS LLC
533 E RIVERSIDE DR #200
EAGLE ID 83616
(208) 409-2650
has requested to lease the water right(s) listed below to 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°) the
acquisition of water rights for the Board's Bank, agrees to lease the water right to the Bank as follows:
Summary of Water Rights or Portions Leased to the Bank
Water Lease Lease Acre Total Leased
Right Rate Volume Limit Acres
63-5094 1.00 CFS N/A 80.0 AC
63-32960 . 3.70 CFS N/A 444.0 AC
COMBINED
LEASE TOTALS: 4.70 CFS 799.2 AF N/A 444.0 AC
TERM OF LEASE: Lease Begin Date: January 28. 2008
Expiration Date: December 31. 2012
RENTAL AVAILABILITY: Season of Use: 03/01 to 11/15 for Irrigation
01/01 to 12/31 for Stockwater
MINIMUM PAYMENT ACCEPTABLE: Administrative Fee for Current Rental Rate
Detailed Lease Acceptance attached.
Dated this J KD day of MARCH , 2005
AR DAVID R. TUTHILL, JR., Director
Department of Water Resources
Page 2 of 5
WATER RIGHT NO. 63-5094
WATER SUPPLY BANK LEASE ACCEPTANCE
The water right or portion thereof leased to the bank is described as follows:
Lessor: EAGLE SPORTS LEGENDS INVESTMENTS LLC
533 E RIVERSIDE DR #200
EAGLE ID 83616
(208) 409-2650
Priority Date: 01101/1962
Source: GROUND WATER
BENEFICIAL USE From To Diversion Rate
IRRIGATION 03/01 to 11/15 1.00 CFS
STOCKWATER 01/01 to 12/31 0.22 CFS
Total: 1.00 CFS
LOCATION OF POINT(S) OF DIVERSION:
GROUND WATER SEY4SW% Sec. 3 Twp 04N Rge 01W ADA County
GROUND WATER NE%NW'/. Sec. 10 Twp 04N Rge 01W ADA County
PLACE OF USE TO BE IDLED UNDER THIS LEASE: IRRIGATION AND STOCKWATER
Twp Rge Sec NE NW . SW SE
NE NW SW SE NE NW SW SE NE NW SW SE NE NW SW SE Totals
04N 01W 3 8.5 14.0
04N 01W 10 33.0 33.0. 66.0
Total Acres: 80.0
Acre Limit within Place of Use described: N/A
CONDITIONS OF ACCEPTANCE.
1. The water rights referenced above will be rented from the bank based on the current rental rate.
2. Any violation of the terms of this lease may result in enforcement procedures pursuant to Section
42-351, Idaho Code, for illegal diversion and use of water, and may include civil penalties pursuant to
Section 42-1701B, Idaho Code.
3. A water right accepted into the bank stays in the bank until the Board releases it, the lease term
expires, or upon request from the lessor to change the term of the lease.
4. Rental of water under this right is subject to the limitations and conditions of approval of the water
right.
5. Failure of the right holder to comply with the conditions of acceptance is cause for the Director to
rescind acceptance of the lease.
6. Acceptance of a right into the bank does not, in itself, confirm the validity of the right or any elements
of the water right, or improve the status of the right including the notion of resumption of use. It does
not preclude the opportunity for review of the validity of this water right in any other department
application process.
Page 3 of 5
WATER RIGHT NO. 63-5094
WATER SUPPLY BANK LEASE ACCEPTANCE
CONDITIONS OF ACCEPTANCE
7. Upon acceptance of a water right into the Board's water supply bank, the owner of the right may
withdraw the right within thirty (30) days of acceptance into the bank if the owner does not agree with
the conditions of acceptance.
8. The amount available for lease under rights 63-5094 and 63-32960 is limited to a total combined
annual volume of 799.2 acre-feet.
9. This right is not available for rental from the bank without additional review by the Department.
10. This right is only available for rental by the City of Eagle.
The water right(s) is leased to the bank subject to all prior water rights and shall be administered in
accordance with Idaho law and applicable rules of the Department of Water Resources.
Dated this .3R1.
day of MARC# , 2008
MDAVID R. TUTHILL, JR., Director
Department of Water Resources
Page 4 of 5
WATER RIGHT NO. 63-32960
WATER SUPPLY BANK LEASE ACCEPTANCE
The water right or portion thereof leased to the bank is described as follows:
Lessor: EAGLE SPORTS LEGENDS INVESTMENTS LLC
533 E RIVERSIDE DR #200
EAGLE ID 83616
(208) 409-2650
Priority Date:
Source:
10/06/1973
GROUND WATER •
BENEFICIAL USE
IRRIGATION
STOCKWATER
From To
03/15 to 11/15
01/01 to 12/31
LOCATION OF POINT(S) OF DIVERSION:
GROUND WATER SEY4SWY4 Sec. 2
GROUND WATER SEY4SW% Sec. 3
GROUND WATER NWY4NE% Sec. 10
GROUND WATER NW%NWY4 Sec. 11
Diversion Rate
3.70 CFS
0.43 CFS
Total: 3.70 CFS
Twp 04N Rge 01W
Twp 04N Rge 01W
Twp04N Rge01W
Twp 04N Rge 01W
ADA County
ADA County
ADA County
ADA County
PLACE OF USE TO BE IDLED UNDER THIS LEASE: IRRIGATION AND STOCKWATER
Twp Rge Sec
04N 01W
04N 01W
04N 01W
04N 01W
04N 01W
2
3
9
10
11
NE NW
NE NW SW SE NE NW SW
SE NE
18.0
36.0 36.0 35.0 39.0 37.0 37.0
31.0 33.0 35.0 39.0 39.0
Total Acres: 444.0
Acre Limit within Place of Use described: N/A
SW SE
NW SW SE NE NW SW
9.5 4.0
S.5 8.5
CONDITIONS OF ACCEPTANCE
SE Totals
13.5
1.5 15.5
18.0
220.0
177.0
1. The water rights referenced above will be rented from the bank based on the current rental rate.
2. Any violation of the terms of this lease may result in enforcement procedures pursuant to Section
42-351, Idaho Code, for illegal diversion and use of water, and may include civil penalties pursuant to
Section 42-1701B, Idaho Code.
3. A water right accepted into the bank stays in the bank until the Board releases it, the lease term
expires, or upon request from the lessor to change the term of the lease.
4. Rental of water under this right is subject to the limitations and conditions of approval of the water
right.
5. Failure of the right holder to comply with the conditions of acceptance is cause for the Director to
rescind acceptance of the lease.
Page 5 of 5
WATER RIGHT NO. 63-32960
WATER SUPPLY BANK LEASE ACCEPTANCE
CONDITIONS OF ACCEPTANCE
6. Acceptance of a right into the bank does not, in itself, confirm the validity of the right or any elements
of the water right, or improve the status of the right including the notion of resumption of use. It does
not preclude the opportunity for review of the validity of this water right in any other department
application process.
7. Upon acceptance of a water right into the Board's water supply bank, the owner of the right may
withdraw the right within thirty (30) days of acceptance into the bank if the owner does not agree with
the conditions of acceptance.
8. The amount available for lease under rights 63-5094 and 63-32960 is limited to a total combined
annual volume of 799.2 acre-feet.
9. Rental of the irrigation portion of this right appurtenant to 190.5 acres located sections 2 and 11,
TO4N, R01 W, for municipal use is limited to the consumptive use portion of 342.9 acre-feet, which is
an annual diversion volume of 266.7 acre-feet.
10. The irrigation and stockwater portion of this right appurtenant to 253.5 acres located sections 3, 9 and
10, TO4N, R01 W, is not available for rental from the bank without additional review by the
Department.
11. This right is only available for rental by the City of Eagle.
The water right(s) is leased to the bank subject to all prior water rights and shall be administered in
accordance with Idaho law and applicable rules of the Department of Water Resources.
Dated this 3RD
day of MARCH , 20 08
F& DAVID R. TUTHILL, JR., Director
Department of Water Resources