HomeMy WebLinkAbout1994.11.02 CITY COUNCIL MINUTES (2)t~
DATE: (110294)
Present were: Mayor:
Councilman:
City Clerk:
Attorney:
Irrigation Meeting
11/02/94
6:30 P. M.
Nile Boyle
Glen Pond
Farrell Young
Kay Beck
Nyle Fullmer
Jim Flamm
Rose Bagley
J. D. Hancock
Irrigators present: Dell Harney, Guy Erikson, Keith Erikson, Doug
Harney, Gene Palmer, Lorin Kauer.
RE: IRRIGATION MEETING, 11/02/94)
TOPIC: (19,97,,,IRRIGATI0N,REXBURG DITCH,TETON PIPELINE)
Glen took charge he told the irrigators this meeting tonight was to
discuss some issues and then before the end of the year the council
would meet in the regular session and decide what we will do with the
water next year. He had J. D. check in June or July check to see if we
filed for the water rights and we did file. Glen had gone with Doug
and checked the canals to see where the water comes from and where it
is suppose to go. It is bad behind the high school. He asked the
irrigators to give their comments.
Gene asked, who really owns the water? Hie dad use to have a copy of
the agreement where the farmers who owned the water gave the water to
the city with the agreement that the city would furnish them water.
They cannot find that agreement. The mayor said the city had tried to
do that on the upper part. Dell stated that the city agreed to take
the water and administrate it and see that the farmers got their shares.
Lorin- Asked J. D. if when he called down there if they told him the
water had to be assigned to land, that is the way they had to do it?
That ie the way the ajudification works. He wondered if when they
filed if they put in the land that the city originally watered? J. D.
said what we are trying to find out is what is being watered. Lorin
said there would have to be a beneficial use for the water.
Guy Erikson stated that about 30 years ago when Al Klinger was on the
city council, the City of Rexburg wanted to do away with the ditch
going through town and out south of town. They asked Rexburg
Irrigation if they would water that ground. Lorin Kauer was on the
board then and told the City they would water the ground if they got
the excess water to cover the extra use. Over the years we have had
agreements that have been on and off and right now we are suppose to
get 7 c.f.s. and we pay the city $300 a year. They have 7 c.f.s., the
Teton Pipe Line has 6 1/2 c.f.s. and the city still has 13 c.f.s. for
the other farmers with the 83 decree. The 98 decree doesn't last too
long. Lorin said they get by real good until the get the 98 decree.
J. D. asked what land is now being watered by the canal that was
originally watered by the ditch? Lorin told him everything east of the
canal that goes out south of the city, Harold Nielson, Fujimoto, Gale
Harding, Guy and Keith Erikson. Guy stated that the School District is
an interesting situation, for years they said they should give up the
water but they put in lawn which uses a lot of water. They put in a
well but with this conjunctive management they might want the canal
water running in the well. The mayor told them that all of their water
is coming out of the city system.
J. D. read out of the records that in 1960 it showed that these people
south of town had shares in the Rexburg Ditch, E. W. Erikson one share,
Leland Steiner one half share, Arther Silvester 2/3 share, Fujimoto 1
share.
The 98 decree is not critical it is the 88 decree that is critical.
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Harold Nie lean waters 15 acres, Fujimoto 6 acres, Raymond Erikson 20,
John Thompson 2 acres, Guy Erikson about 16 acres, Rulon Steiner 1
acres, Dick Davie 7 scree, Harold Nielson 15 scree, he thought they
were still watering Mre Brown's house 1 acre. Louisiana Pacific use to
use some water. They use to pump out of the canal to sprinkle their
loge. The total is approximately 90 acres that the Rexburg Canal use.
J. D. asked if they were watering from the old Rexburg ditch when it
was in. Lorin said they all were.
Ron had told Guy that the Teton Pipe Lines had filed ajudification on
that water in their name. Ron figures that ie no problem, but it ie
the city's water that is up in the air. The point of diversion has
never been changed. The mayor asked how you measure it. Doug said the
River man can measure it right out of the river. Guy said they did not
put a lot of water in the canal during June and July. Doug said when
Glen Pond went along the canal with him in June, we was pulling over 34
c.f.s. at the head of the river and at hie dads place there was not a
bit of water getting past to water. Gene Palmer wanted water but had to
wait a couple of days. The mayor asked how much land should one c.f.s
water. Doug said it depended where you are on the ditch.
Lorin said it could be remedied if the city just would not let Teton
Pipe Lines have it and run it through the system. When he met with the
city council originally, the agreement was that they would give ue
their excess water to run through our system. We told them if they
gave us their excess water we would water those people on the south of
Rexburg.
Dell stated that the ditch would need less maintenance if more water
was running down the ditch. There is such little fault all the way
through and it takes a lot of water to push it through. Gene stated we
need to think about keeping that ditch in better shape in terms of
cleaning silt out and getting the growth on the aides out so that there
ie no more restriction there than necessary.
Lorin felt that we would protect our water right by diverting the
water right where it has always been diverted. He said they could work
with the farmers but not with the people up on the hill. He wanted to
see the water protected. He did not want to see any of the 1883
decree lost, because that is the life blood of this area.
Guy stated the only thing he was concerned about ie the 6 1/2 c.f.s.
that the Teton Pipeline has, that has been transferred to them and they
filed to ajudification at the point of diversion. J. D. said he looked
it up and it still shows the city owns it, they are only leasing it.
He said by the records of Water District #1, Rexburg Irrigation company
has always had adequate water. They have not used up all their storage
water.
Lorin said they had not used it because they can't get it. Guy said
they dam the river dry and every thing over the 130 c.f.s. is their
decree and everything over is storage. During August they were doing
good to get their decree let alone any storage on top of it. Some days
they were down to 15 or 20 c.f.s. They wasn't getting their decree.
J. D. stated that those people down there don't think you should have
- more than 1" of water per acre and if you flood irrigate. They claim
you can use 4" per acre. If it shows we water 90 acre we should have
' 9o inches.
`" Lorin explained that they us 10 acre feet in their system. Dell stated
that from the head of the ditch to his place they loose more than half
of the water. Harold Nielson forces hie water up hill so it takes a
long time to water and more water than his share. Lorin said when you
flood irrigate it puts it in the aquafer.
Nyle asked if it was these irrigators opinion that Teton Pipe Lines
need this water? Lorin told him that they have enough wells to
adequately water without the city water. The water they lease from the
city is cheaper than to pump the water.
I~
Doug- Stated in May we started the ditch up about the 10th and filled
the ditch up. He wasn't worried about it because our '98 water was on
and we run it fairly high and then shut it back down. In June we have
the river man come up and actually measure the flow of water that he
had in the ditch and they got 34 c.f.s. The next day the 98 water went
off and we had several people watering the ditch, and he had to drop
the ditch to 20.5. He did that and took Glen up the ditch and at that
time no water was getting past this dad's place. At that time there
was no run off water from any of the canals. The only water that was
in the ditch was decree water and there was very little run off water
from the other canals through out the rest of June and all of July. We
was running on the 20.5 c.f.s. During moat of July, he ie almost
positive that we didn't give Rexburg Irrigation over 5 c.f.s. during
that whole time, because it was used up during the whole time. During
that time the demand on the grain was on. We are Baying we can get by
with 13 c.f.s. running the ditch. A6 a watermaeter there is no way
possible to irrigate past Gene Palmer with 13 c.f.s. at the head of the
ditch. We had the ditch opened up in the Rexburg Canal and no water
was getting to the River. Everything that was coming past Gene's was
going into the canal. Some days it was a tremendous amount because
there ie no way he can control the wastewater from the upper ditch. He
can't guarantee these guys 7 c.f.a if he ie only pulling 20.5 c.f.s.
With the Hoopes water pulling the river down, there is no way he could
guarantee the water. If the city rents the water to Hoopes, then we
are talking 20.5 c.f.s. If you give Rexburg Irrigation 7 c.f.s that
drops those on the upper ditch to 13.5 c.f.s. There is not enough water
at the head of the ditch to water. The first couple of people that
water on his ditch, take the whole ditch. Dell said if Hoopes takes
the water, then they are only getting about half what they should.
J. D. asked if they would be willing to pay more of an assessment if we
got someone in and cleaned the whole ditch? Dell said the city keeps
doubling the aesesements. J. D. told him it was still lower than
anyone else.
The mayor recommended that first Gene, Dell and Doug look at the ditch
and recommend cleaning the ditch so it will move water and second
measure the water going to the Rexburg Irrigation and we will see how
much it costa.
7.~ ~,~~ .
Mayor, Nil L. Boyl
City Clerk, Rosey~~ag~