HomeMy WebLinkAboutDoc 071 - Transfer Water RightsDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 25, 2013
DATE: February 15,2013
FROM: Teresa Rozic Property & Facilities 541-385-1414
TITLE OF AGENDA ITEM:
Consideration of Chair signature of Document 2013 -071, a Consent to Transfer Water Rights.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
When Deschutes County sold the original fairgrounds site in Redmond, we retained approximately 26
acres of water rights. Some of those rights were transferred to the new Fair & Expo Center and the
remaining 17.28 acres of old fairgrounds water rights were temporarily leased instream (for one year) to
provide beneficial use of the water right. That lease expired October 31, 2008. This water must be used
beneficially again prior to October 31,2013, or the water right may be subject to forfeiture under ORS
540.610.
Although Deschutes County owns real property that would benefit from having irrigation water, delivering
the water via canals or pipes from the main canal is a challenge. We continue to look for opportunities to
use the water on county-owned land rather than sell the rights. Central Oregon Irrigation District (the
District) has offered the County an opportunity to protect these rights.
In recent years, the District has leased temporary irrigation water to several of its patrons who are not able
to buy permanent rights. The District does not have the excess water in inventory for these temporary
transfers. This is the second time Deschutes County has participated in this program but this year we
know who will benefit from leasing our water rights. The water rights will go to the Redmond School
District for use on their Redmond High School "land lab." The land lab is similar to an Oregon State
University extension service lab. It gives students hands-on research and general farm applications to
study land/farm/ranch management.
Deschutes County can lease its 17.28 acres of water rights for one irrigation season. The County will receive
the same beneficial use protection as an instream lease and receive a small payment ($23.00 per acre).
FISCAL IMPLICATIONS:
Income from the temporary leases will be $397.44.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board authorize the Chair to sign Document 2013-071
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
One original to Teresa Rozic for the Central Oregon Irrigation District.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 102/15/20131 Department: IProperty & Facilitiesl
Contractor/Supplier/Consultant Name: Central Ore on Irri ation Distric
Contractor Contact: ILeslie Clark! Contractor Phone #: 541-504-7576!
Type of Document: Consent to Transfer Water Rights
Goods and/or Services: N/A
Background & History: When Deschutes County sold the original fairgrounds site in
Redmond, we retained approximately 26 acres of water rights, Some of those rights
were transferred to the new Fair & Expo Center and the remaining 17.28 acres of old
fairgrounds water rights were temporarily leased instream (for one year) to provide
beneficial use of the water right. That lease expired October 31, 2008. This water must
be used beneficially again prior to October 31,2013, or the water right may be subject
to forfeiture under ORS 540.610.
Although Deschutes County owns real property that would benefit from having irrigation
water, delivering the water via canals or pipes from the main canal is a challenge. We
continue to look for opportunities to use the water on county-owned land rather than sell
the rights. Central Oregon Irrigation District (the District) has offered the County an
opportunity to protect these rights.
In recent years, the District has leased temporary irrigation water to several of its
patrons who are not able to buy permanent rights. The District does not have the
excess water in inventory for these temporary transfers. This is the second time
Deschutes County has participated in this program but this year we know who will
benefit from leasing our water rights. The water rights will go to the Redmond School
District for use on their Redmond High School "land lab." The land lab is similar to an
Oregon State University extension service lab. It gives students hands-on research and
general farm applications to study landlfarm/ranch management.
Deschutes County can lease its 17.28 acres of water rights for one irrigation season.
The County will receive the same beneficial use protection as an instream lease and
receive a small payment ($23.00 per acre).
Agreement Starting Date: IUpon signaturij Ending Date: IOctober 31,20131
Annual Value or Total Payment: 1$397.44 incomij
N/A
Insurance Certificate Received (check box)
2115/2013
____ ____ _
Insurance Expiration Date: \ '-_---'
N/A
Check all that apply:
D
D
D
RFP, Solicitation or Bid Process
Informal quotes «$150K)
Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
N/A
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been noti'fied that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
Department Director Approval: _-+~J_~ ;r /ft;/dor=>
Signature Date
Distribution of Document:
Official Review:
County Signature Required (check one): D BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____-J)
Legal Review Date
Document Number 2013-071
2/15/2013
I
1-f.t ViEWED
-=-:':'::::'~-=':::~!!!!111-""
SB 664 -DISTRICT TEMPORARY TRANSFER
Authorized User Consent to Transfer
The Authorized User ("Patron") hereby consents to the temporary transfer
of water appurtenant to property described on the Oregon Water
Resources SB 664 District Temporary Transfer Application, #TP-2013-00l
Patron
Name: Deschutes County
Mailing Address: Property & Facilities Department, PO Box 6005
City, State, Zip Code: Bend, OR 97708-6005
Telephone Number: 541-385-1414
Email Address: Teresa.Rozic@deschutes.org
Patron consents to the 2013 temporary transfer of 17.28 acres of water
rights and acknowledges the authorized lands cannot be irrigated during
the months of April through October.
Water right included in this district temporary transfer shall be delivered to
and beneficially used at the temporary place of use, providing the water
right beneficial use, the same as if used on the authorized lands.
This temporary transfer expires October 31, 2013, reverting transferred
water back to the authorized lands.
Patron is responsible for payment of the 2013 Central Oregon Irrigation
District ("District") assessment on the water included in this temporary
transfer.
The receiver(s) of this water right will pay the District $23.00 per acre of
water temporarily transferred to the receivers' lands. District shall forward
said payment to Patron as full payment for the use of water during the
2013 irrigation season.
DESCHUTES COUNTY
Board of County Commissioners
Patron Date
Alan Unger, Chair
DC 2013-071 DC ~ U13 ~ 071