HomeMy WebLinkAbout1994.11.16 CITY COUNCIL MINUTES (2)
DATE: (111694)
Present were: Mayor:
Councilman:
City Clerk:
Irrigation Meeting
11/16/94
6:30 P. M.
Nile Boyle
Glen Pond
Farrell Young
Bruce Sutherland
Kay Beck
Rose Bagley
Members of the Teton Pipeline were present.
RE: IRRIGATION MEETING, 11/16/94
TOPIC: (19,100,,,IRRIGATION,REXBURG DITCH, TETON PIPELINE)
Glen told those attending that the people from Rexburg Canal Company
was at a meeting last week and told their arguments were about the
water. Basically what he wanted to do, was to have the Teton Pipeline
members tell us about the agreement they had with the city and why
those agreements were made. Then this fall ae a council we can make a
decision ae to what we want to do with the water.
Roger Hoopes, acting as spokesman for Teton Pipeline- The people that
entered into the agreement with the city on behalf of Teton Pipeline
are deceased. The Teton Pipeline Association started to develops in
about 1973 as they went together as a group. One of the first things
he had to do with Teton Pipeline right after he got out of Law School,
was to prepare an environmental impact statement. That was prepared in
1975 and it had maps where showing the pipeline. Right after the dam
broke is when they found themselves without water. Their whole system
was based on water out of the dam. They had arranged for storage water
out of the dam, that was their water source. They went to several
different sources to obtain the water and one of which was the city
water. As he understood there was 13 c.f.s. that the city wasn't using
and they wanted to lease that. He thought the ones that was moat
involved in it was hie dad and Rex Ard. He thought there was some
objection at that time because the Rexburg Canal company said they
needed some of it. An agreement was made that the water would be split
6.5 c.f.s. each. That is what they have continued to lease and they
are on the fourth lease. The lease ran out last year and the city gave
them a one year lease. The water department tells a different story.
This morning he had talked to them and they told him that when his dad
went in the whole 13 c.f.e was transferred up there and after the
transfer was complete was when the Rexburg Canal Company objected. At
that time the deal was made and 6.5 c.f.s. was transferred back. That
is all the water they thought was involved until last year when they
started going through this and the council came up with the 27 c.f.s.
They have had the 6.5 c.f.s which they have used continuously. The
lease has been renewed every five years. They originally paid $2500
for the lease. About half way through the last 5 year lease, Roger
came in to pay it and the mayor explained that there was a problem with
the maintenance of ditches and they needed to increase the cost to
everyone. The Mayor asked them to pay $3000 and they said okay and for
the last three years of the 5 year lease they have paid the $3000.
That is what they thought they were looking at paying for the next
year.
The mayor asked if the only water that seems to be valuable is that
1883 decree. The city has water in the '98 decree, he asked if that
did them any good? Roger said all water is valuable, but some water ie
more valuable than others. The '83 decree ie the moat valuable and
important to them. He did not know how far you wanted to go back, but
if you go back far enough the original city water was used in the city
to irrigate property within the city limits. There is some question as
to whether it can be used outside the city if it has not be properly
transferred. Whatever was available when they started using that 1883
decree, they were irrigating a lot more land than they are now even if
you go back 20 years ago when they first started it. He could think of
a new high school, a new shopping center, two new stake centers, middle
school, and an interstate highway that has taken land out of
/~l
irrigation. Whatever water the Rexburg Irrigation company is using to
irrigate land today in 1994, they are irrigating a lot less land. If
you put that with the fact that since the Sewage Treatment Plant went
in, they have the benefit of that water they are getting in addition.
The mayor explained that the Rexburg Irrigation had never changed the
point of diversion on the 6.5 and the people on the Rexburg Ditch want
it to come through the ditch to force the water down for them and want
ue to measure where it drops back in to get that.
Ron Ard explained that Ron Carlson'e office took credits of Rexburg
Ditch with 20.5 c.f.s. at the head of the ditch. The mayor said the
Rexburg Irrigation are Baying that we owe them at least 6.5 for
irrigating the land south of town that use to be on the Rexburg Ditch.
We are going to measure it.
Roger- According to Ron Carlson, the water master is delivering 20.5
c.f.s. to Rexburg Ditch. Nile explained that Gene Palmer and Dell
Barney say that if anyone is irrigating above them, they don't have
enough water. Glen said the way the ditch ie, the water can't get
through the ditch.
Ron Ard asked if the water Dell Barney and Gene Palmer use was a
credited part of the Rexburg Ditch. Nile told them it was and they also
have eome in the Woodmaneee Johnson Ditch. Roger said if you are
talking about people getting injured from closing the canal going
through town, it can only be people who were irrigating when the ditch
was shut off. For all those people up stream nothing has changed. The
mayor said most of the those on the upper ditch get their water from
the Woodmaneee Johnson Ditch and some from the Rexburg Ditch. The
Woodmaneee Johnson wastewater comes back into the Rexburg Ditch and
then into the Rexburg Canal, but we have never measured it to see how
much.
'. '. Roger said their water ie measured all the time. They have meters and
', also a hydromat that beams it up to a Satellite and they are measured
--- every 15 minutes in Boise. In the whole system there is roughly 12,000
acres. Ron Ard said the oldest water rites in Idaho are up in Eastern
Idaho, there is a '79. Roger stated that they had appreciated the
relationship they have had with the city before. They feel they have
paid a fair share for it and are willing to continue. It has become a
significant and important water source for them. They don't want to
take any water away from anyone else, but their argument just doesn't
ring true when you look at all the land that has been taken out of
production.
Glen stated he did not think it was an issue of taking water away. The
issue ie the water, but if you can't get it to where is suppose to go
that is another problem. The mayor stated that in the Boise valley,
they have concreted all the ditches. The mayor asked how expensive it
was to concrete ditches? Ron Ard said in this country it is pretty
expensive, because they freeze and break. it ie a maintenance problem
here, where they don't have it over there. Mr Ard mentioned everyone
here tonight from the Teton Pipelines, grew up and went to school in
this valley, even though we are farming in Teton Valley. He felt that
all the city officials have always done the best job they could for the
city.
Mr Ard advised the city council to call Ron Carlson and visit with him
'... '. about the security of that 1883 decree. Te11 him what you are doing
and ask him what he considers from a Water Department point of view
'~ what you are doing and ask him how secure the city's water rites are?
It use to be if you owned a decree, it was yours and you owned the
right to divert Idaho's water for ever, but it ie not that way
anymore. Sit down and visit with an expert, he can tell you a lot more
about the city'a situation than anyone, because it ie Idaho's water and
you only have a decree to uee that water. In Idaho if it isn't put to
beneficial use, Idaho can revoke that decree.
Roger- with regard to the Glen's point that the water ie there, but is
not delivered. It really seems unfair to think of jeopardizing Teton
Pipelines, because they have a problem diverting the water. They are
,.
~' ~,~
entitled to 6.5 c.f.e. at the head of the canal and whatever Teton
Pipeline has been taking of the stream has not been causing any injury
at a11. The injury is apparently, they need to get a head of steam up
to get that water down the ditch. He was not sure that was a legal
beneficial use to jeopardize Teton Pipeline's need eo Rexburg
Irrigation can have twice as much water as they need. The mayor stated
that we need to do something to improve that ditch. Roger stated ae
you looked at the water situation, you need to look at the whole
picture. If they are diverting up by the Moody highway and there ie
6.5 c.f.e. in the ditch for them to use, you have to think about the
other 800 or 900 gallons that are diverted on the West aide of town
that has been added to that from the sewage treatment plant. That is
not being lost and they have that to use without having to get a big
head of water to push it through the ditch. If you think of all the
development, when we pull land out of agriculture production, that
increases the amount they get at the end of the discharge. Each time
they have less land to irrigate because of development being built,
they have more water to irrigate the remaining portion of land, because
there is more coming out of the treatment plant. The logic thing to say
is their water situation has improved over the last 20 years ae opposed
to deteriorating, where the Teton Pipeline has remained constant.
Chuck Porter told the council the system is in Teton County, but the
system affects this area economically.
Roger- They have contacted John Porter, when he was mayor a lot of the
things he did he shot from the hip and made agreements and did it. A
call to him would help.
El-
Mayor, 1 ' le L. Boylg~
// % ~,
li ,/~
/)/-',~'f`_ rte' ~,/~G~' ____
City Clerk, RoseBag]~.~p
f