HomeMy WebLinkAbout2021-08-23 J. Kleinman - Email re Public Comment, K Anuta - Exhibit 31
Chenelle Hale
From:Jeffrey L. Kleinman <kleinmanjl@aol.com>
Sent:Monday, August 23, 2021 3:50 PM
To:William Groves
Subject:247-21-000731-A, 18-386-TP, 18-454-SP, 18-542-MA LUBA No. 2018-140 Court of
Appeals A171603 (Central Land and Cattle Co.)
Attachments:Anuta Ex. #3 FO on Transfer #12651.pdf
[EXTERNAL EMAIL]
Karl Anuta Exhibit 3
Anuta Memo Ex. #3 - Page 1 of 8
Anuta Memo Ex. #3 - Page 2 of 8
Anuta Memo Ex. #3 - Page 3 of 8
Anuta Memo Ex. #3 - Page 4 of 8
Anuta Memo Ex. #3 - Page 5 of 8
Anuta Memo Ex. #3 - Page 6 of 8
Now, therefore, it is ORDERED:
1. The change from surface water points of diversion to groundwater points of appropriation
proposed in Transfer Application T-12651 is approv~d.
2. The right to the use of the water is restricted to beneficial use at the place of use described,
and is subject to all other conditions and limitations contained in Certificates 87655, 88027,
76371 and any related decree. '
3. Water right Certificates 87655, 88027, and 76371 are cancelled.
4. The quantity of water diverted at the new points of appropriation shall not exceed the
quantity of water lawfully available at the original points of diversion.
';;·; ..
5. The use of water under this right shall be subject to regulation consistent with other water
rights from the surface water source and to all other applicable conditions and restrictions
that existed at the original point of diversion.
6. If, within five years after approval of the tra11sfer, the Department finds that the transfer
results in substantial or undue interference with an existing ground water right due to use of
the wells, that would not have occurred in the absence of the transfer, the new point of
appropriation shall be subordinate to the existing right injured by the transfer.
7. The original point of diversion ·of surface water shall not be retained as an a,dditional or
supplemental point of diversion under the transferred portion of the right. However, if within
five years after approval of the transfer, the Department receives a transfer application to·
return to the last authorized surface water point of diversion, the application shall be
approved.
8. Water use measurement conditions:
a. Before water use may begin under this order, the water user shall install a totalizing flow
meter, or, with prior approval of the Director, another suitable measuring device, at each
proposed well.
b. The water user shall maintain the meters or measuring devices in good working order.
c. The water user shall allow the Watermaster access to the meters or measuring devices;
provided however, where the meters or measuring devices are locate~ within a private
structure, the Watermaster shall request access upon reasonable notice.
9. Full beneficial use of the water shall be made, consistent with the terms of this order, on or
before October 1, 2020. A Claim of Beneficial Use prepared by a Certified Water Right
Examiner shall be submitted by the applicant to the Department within one year after the
deadline for completion of the change and full beneficial use of the water.
Tc1265Lpks Page 7 of 8 Special Order Volume 109, Page \005.
Anuta Memo Ex. #3 - Page 7 of 8
Anuta Memo Ex. #3 - Page 8 of 8