HomeMy WebLinkAboutDoc 140 - Temp Transfer of 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 March 9, 2011
Please see directions for completing this document on the next page.
DATE: March 1, 2011
FROM: Teresa Rozic Property & Facilities 385-1414
TITLE OF AGENDA ITEM:
Consideration of Board signature of Document 2011-140, a Consent to Temporary Transfer of 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. This year, the District does not have the excess water in inventory for
these temporary transfers. Deschutes County can lease its 17.28 acres of water rights to District patrons
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 signature of Document 2011-140.
ATTENDANCE: Teresa Rozic
DISTRIBUTION OF DOCUMENTS:
Original to Teresa Rozic.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form 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 Form is also required. If this form 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 form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
3/1/2011
Please complete all sections above the Official Review line.
Department:
Contractor/Supplier/Consultant Name:
Contractor Contact:
Leslie Clark
Property & Facilities
Central Oregon Irrigation District
Contractor Phone #: 541.504.7576
Type of Document: Consent to Transfer
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.
Central Oregon Irrigation District (the District) has offered the County an opportunity to
protect these rights. Deschutes County can lease its 17.28 acres of water rights to
District patrons 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:
4/1/2011
Annual Value or Total Payment:
$397.44
Ending Date:
N/A ❑ Insurance Certificate Received (check box)
Insurance Expiration Date:
10/31/2011
N/A Check all that apply:
❑ 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? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
3/1/2011
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 notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Teresa Rozic Phone #: 385-1414
Department Director Approval:
Distribution of Document:
Original to Teresa Rozic
td-* t
Signature Date
Official Review:
County Signature Required (check one): El BOCC El Department Director (if <$25K)
El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
Legal Review Date
Document Number 2011-140
3/1/2011
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 -201 1-002
Patron
Name: Deschutes County
Mailing Address: c/o Teresa Rozic
14 NW Kearney
City, State, Zip Code: Bend, OR 97701
Telephone Number: 541-385-1414
Email Address: Teresa_Rozic@co.deschutes.or.us
Patron consents to the 2011 temporary transfer of the 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 will expire October 31, 2011, reverting transferred
water back to the authorized lands.
Patron is responsible for payment of the 2011 Central Oregon Irrigation
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
2011 irrigation season.
Patron Date
Document 2011-140
SIGNATURE PAGE FOLLOWS
SIGNATURE PAGE
Authorized User Consent to Transfer
PATRON:
DATED this day of March, 2011.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
ATTEST: Anthony DeBone, Vice Chair
Recording Secretary Alan Unger, Commissioner
Document 2011-140
Q.403.1-
Water Resources Department
725 Summer Street NE, Suite A
Salem, Oregon 97301-1271
SB 664 — PILOT PROJECT
District Temporary Transfer
Place of Use Change
2011 Irrigation Season
District: CENTRAL OREGON IRRIGATION DISTRICT
Contact Person: LESLIE CLARK Phone: 541-548-6047
Mailing Address: 1055 SW LAKE COURT, REDMOND, OR 97756
Notice #: TP -2011-002
E-mail Address: lesliec@coid.org
I. The district is changing the place of use for the following water rights:
WATER RIGHTS
PERMIT
NUMBER
CERTIFICATE
NUMBER
DECREE
(name, volume, and page)
PRIMARY (IR)
or SUPP'L (IS)
83571
CENTRAL OREGON IRRIGATION DISTRICT
IR
76714
CENTRAL OREGON IRRIGATION DISTRICT
IS
If a certificate has been issued for a water right, identify the right by the certificate number. If no certificate has
been issued, identify the water right by permit number or decree name.
II. The point(s) of diversion/appropriation for the water rights involved in the transfer are as
follows:
POINT(S) OF DIVERSION / APPROPRIATION
PERMIT
NUMBER
DECREE or
CERTIFICATE
POD#
LOCATION — MEASURED DISTANCES
83571
11
(NORTH CANAL) SE' 'A NE Vt SEC. 29, T. 17 S., R. 12 E., W.M.;
850' N. AND 630' W. FROM THE E'' /4 CORNER OF SEC. 29
76714
11
If a POD/POA is not identified by a number on the certificate, decree or permit ( i.e.: POD #l, or Well #1),
assign it a number in the Section II table, and use that number to identify the authorized POD/POA from which
water is diverted to serve the lands described in Tables 1 and 2.
III. The district is changing the place of use from the authorized location listed in
Table 1 to the temporary location listed in Table 2.
IV. An accurate map showing the authorized place of use and the temporary place of use is
attached.
Pilot Project - District Temporary Transfer Form Page 1 of 3
October 2009
TABLE 1. — AUTHORIZED PLACE OF USE
USER NAME
Deschutes Co. Quitclaim
Deschutes Co. Quitclaim
Deschutes Co. Quitclaim
Deschutes Co. Quitclaim
Daniel & Tammie Kluser
Cary D. & Melinda Penhollow
COID Quitclaim
COID Quitclaim
COID Quitclaim
d
12.45
ACRES
N
2.36
0
O
0
00
VD
O
0.33
VD
O
N
O
N
O
800
N
M
LEGAL DESCRIPTION
TAX LOT
0
0
rn
0—
o
rn
O
-
3001
0
o
M
0
O
COLI
638
0
0
Total:
- Fr
O
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U
..1
CZ
L4
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SW NE
NW SE
NWSW
SW SW
NE SW
a
aZ
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NW SE
C
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NESW�
cn
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LNESW
NE SW
N
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W
CP
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N
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^M.
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^M.
^M.
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N
ILILL
M
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^M.
A
Cu
W Ct
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PRIORITY
DATE
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Men
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10/31/1900
C71/4
M
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10/31/1900
10/31/1900
IR/1S
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WATER RIGHT
E
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4
10/31/1900
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10/31/1900
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10/31/1900 J
10/31/1900
83571/76714
WATER RIGHT
E
0.
83571/76714
1/41DL
knM
00
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L
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83571/76714
83571/76714
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83571/76714
83571/76714
83571/767141
83571/76714
83571/76714
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TABLE 2. — TEMPORARY PLACE OF USE
USER NAME
Suntrust Land Co LLC
Suntrust Land Co LLC
Oliver Norman & Christen
Michelle Holt
Oliver Norman & Christen
Michelle Holt
Carroll D. & Sharon Penhollow
& Clay D. Penhollow
Carroll D. & Sharon Penhollow
& Clay D. Penhollow
Cary D. & Melinda Penhollow
Richard M. & Shirley L.
Langston
d
12.45
O
_
kn
O
O
kr)O
O
—
N
—
Li -)N
00
—
O
N
c•?
LEGAL DESCRIPTION
TAX LOT
800
0
00
0
M
0
M
0
Ow
0
0
O
0
0
LJ
1OL
Total:
r Er
O
O a
U
U
G
L4
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SW NE
NW SE
NWSW
SW SW
NE SW
NE SW
U
WO
00
00
O
.O
N
VO
N
—
O
—
O
—
O
N
O
U"
a
W
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LI)
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PRIORITY
DATE
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Men
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01/4
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10/31/1900
C71/4
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10/31/1900
10/31/1900
10/31/1900
WATER RIGHT
E
4
u
L
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83571/76714
83571/76714
83571/76714
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83571/76714
83571/76714
1/41DL
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