HomeMy WebLinkAbout1995.03.14 CITY COUNCIL MINUTESDATE: (031495)
Those Present: Mayor:
Councilman:
Attorney:
City Clerk:
Engineer:
Irrigation Meeting
3/14/95
Nile Boyle
Glen Pond
Jim Flamm
J. D. Hancock
Rose Bagley
Joe Laird
Members of Upper Canal, members of Rexburg Irrigation, and members of
Teton Pipeline were in attendance.
RE: IRRIGATION MEETING, 03/14/95
TOPIC: (19,105,,, IRRIGATION,REXBURG DITCH,TETON PIPELINE)
Nile said we have found an old file with Irrigation information in it.
We have met with Ron Carlson and Ernie Carlson with the Water Resources
Board. We know we have some problems with the Ajudification. Those
were filed back when it was first done. John and Mary filed them and
at that time there was some question whether Government entities had to
pay the ajudification, so John Porter did not pay the ajudification
fees. They were filed but not paid. After that there was a law suit
that said, federal Government did not have to pay, but the state and
local government had to pay for ajudification. We never got bill and
Nile did not know anything about it and it was never paid although it
was filed.
As you know we have an 1883 decree of 27 c.f.s. and 1898 with 30
c.f.s.. The way the ajudification was set, it was set different for
municipal than from irrigation because for us to adjudicate that we had
to pay $100 per c.f.s. plus filing fees. To file for that it cost over
$6000 as well as filing all of our wells. If you look at the agreement
that was signed back in 1900, over all these years the city has been
taking charge of that ditch and billed the cost to the irrigators. The
city is wondering, if we are going to keep the canal clean and charge
the irrigators back for it, why have the city been in the middle? It
might be easier to find another way and turn what ever water they use
back to the irrigators.
Gene Palmer- We found some documents that will shed some light on
this. Dell Barney spent a day in Bingham County and a day in Fremont
County going through documents. Ray Rigby told them about some
documents in Fremont/Madison that no one has gone through that sheds
some light on this. With this agreement was one agreement to one farm
to James Eckersell who sold his interest to William J Huskinson. The
idea was that in 1896 the farmers "Quick Claimed" their right to the
water with the agreement that the city would perpetually furnish the
water to the Huskinson farm. (reading from the agreement) Subsequently
in reading the decree to the city it reads mining, milling, and
mechanics which was the problem. To adjudicate that at $1 a c.f.s. is
$6000. To adjudicate the water for agriculture which has been the only
use for the water is about $1000. Dell found in Fremont County a
document dated 1884. (reading for it, copy on file) "We the Rexburg
Irrigating Company do hereby give notice that we claim Fourteen
thousand cubic inches of water measured under a four inch pressure for
agricultural,mining, milling and mechanical "There was another
document found up there dated 1897 (on file)
They took this information to Ray Rigby and he took it to Boise and he
and Bob Lee met with Water Resources and Ray thinks we have an
excellent chance by filing a petition to get that changed to
"Agriculture" because that has been the only use.
In terms of talking to the users on the ditch we also can see no need
for the city to be in the middle of this thing. A couple of concerns,
(1) This water was originally held by the farms and was "Quick Claimed"
with the idea of it being furnished perpetually and if we can get an
agreement that this be leased back with that in mind that it originally
was our water. (2) The idea that the ditch was suppose to be
maintained, there is some work that needs to be done on that ditch if
it is turned back to the farmers. There is about one mile of ditch
from the Walker gate, which is a quarter of a mile from Dell Barney's
place, back to the Cemetery maybe up to where Randy Huskinson rerouted
the ditch. If that was cleaned, they feel they could get the water
through. If they have the 13 inches decree to the city, and the 7
inches given to Rexburg Irrigation at the head for enough to get their
water to them. Those are their major concerns. With regard to the 7
inches to the Teton Pipeline, without that water being used as it is
they feel they can't claim beneficial use. The 7 inches given to
Rexburg Irrigation and the 13 inches of Rexburg City 1883 water. 1883
water. There is according to Ray 1650 inches of April 1898 water.
They had talked that is high water and not important, but Ray says it
is very important and said don't let go of that water. Rays council
was to wait and see in terms of an agreement. We could probably make
an agreement in principal, but until we know what we have adjudicated
we should not make an agreement. The date given for this county for
adjudication was August 1988. As Nile said there is some good reasons
why it wasn't done.
Guy Erickson stated it was 6.5 that Teton Pipeline has and the city has
13.5 C.f.s. of 1883 water that is really valuable. Gene Palmer read
from a letter from Ron Carlson. (on file)
The mayor stated that from all the meetings he had been to, we don't
want to transfer any water right now. if you try to transfer water,
you will have a claim from everyone all the way down the river. He
felt we need to sit down with the group and have them tell us what they
want to do with the ditch. We have always just done it and passed the
expenses on to the irrigators. We could either do that or let the
irrigators do it and collect the money. Some way we need to validate
and get some water to the Rexburg Irrigation. We need to measure it at
some point. Gene said in terms of measuring, he had talked to Farrell
Davidson last year about Preston Parkinson's bridge washing out because
when the headgate was taken out at the head of the waste ditch that
goes north, that water was running so fast it was taking it out. They
had talked about rip rapping that area back of there. It could be rip
rapped in such a way it could be measured right there.
Gene said the important thing is that stretch of ditch they had talked
about to his knowledge has never been gone through, from Walkers gate
up behind Lee's and Steiner's through Terry Brunson's needs to be
widened. There is a lot of growth on the side that is sucking a lot of
water and there is a lot or restriction. They feel that if that is
done, as good a shape as the rest of the ditch appears to be, even
though it doesn't work, we could probably get that amount of water
through if we have the 20 c.f.s
Nile asked if for this year we hire someone to do it and bill the
irrigators or do the irrigators want to do it. Gene questioned for 15
years of usage by Teton Pipelines at $3000 a year if $45,000. His
understanding reading the original intent of assessments or revenue
from the ditch was to keep the ditch up. What ever amount of that,
that is rightfully ours should be used. The mayor said we could give
an accounting of the money. Gene said if it has all been used up along
with the assessments that is fine, if not they feel it should be used
for the ditch before they take it over. They feel if they are going to
pay assessments, they should have control of it themselves. Gene said a
lease is fine but it is a different situation than Teton Pipelines,
because the water was originally theirs.
Gene said they felt a bidding process on this water would be unfair to
them. Guy Erickson representing Rexburg Irrigation stated he felt the
best place to measure the water would be by Preston Parkinson's. Dell
Barney said it is also measured at the River where it comes in.
The mayor said the way he saw it was this year we need to continue to
lease 6.5 to Teton Pipelines and continue the ditch the way it has been
and we will meet with a committee from the upper ditch and decide what
to do. We can still run it through the city, but he felt they needed
to decide what they want to do with the ditch and what it is going to
cost. We could put in a thing to measure the water at Preston
Parkinsons. Continue as is this year until the ajudification is over.
Roger Hoopes, his concern as he has listened to everyone talk about it,
he is thinking, in the ajudification thing, a water right is a
terrible thing to loose. We don't want it to go down stream, but he did
not think we realize the quantity of water we are talking about. 20.5
c.f.s and 6.5 c.f.s to Teton Pipelines of 183 water should water 1100
acres. Talking about gallons per minutes, you are talking about 9200
gallons per minutes. Whatever the city does with that, if it can't be
shown it is for beneficial use you loose it or the down river users
will be after it.
Gene stated that on the Woodmansee Johnson ditch from the gate at
Parkinson's the users below there have to have two shares of water for
everyone above to get the same water. He told Roger if what he says is
true, they have this situation on traditional rights. If the people
down in Twin Falls get hold of this we are in trouble. He didn't think
we should draw attention to it. Roger agreed.
Ron Ard- this is an 1883 decree on the Teton River, and the Teton River
irrigators want to save the 1883 decree no matter what it takes. It
would be a shame to let it go to a 1997 water right. We know that you
have 6.5 of it according to Ron Carlson that is probably safe in the
ajudification. He has a lot of problem with the rest of that 27. What
Ron is asking you to do is describe your points of diversion and give
some history of use. Gene said Ray and Bob presented this case. Ray
and Bob Lee met in Boise with the Water Resources and he feels we have
an excellent chance of getting it. If that wasn't discussed we all
know it needs to be discussed. Mr Ard said Ron talked to them and told
them the best thing you could do at this point according to what is
that Teton Pipelines file ajudification on that 6.5 and Rexburg
Irrigation and City of Rexburg. Gene said he would have to think about
that.
Lorin Kauer stated that the water is not wasted, it is going into the
aquafer. If everyone sprinkled, there would be no recharge.
Gene stated the worst thing we can do at this point is to come to a
disagreement. We would make a big mistake if we continue on this track
of discussion.
Nile said we have applied for another extension, but they have not
acted on it. He felt we should leave things like they are now. For
beneficial use proof we need to measure the water.
Roger asked if after the water is measured and the ajudification comes
to this area and you find you have not put it to beneficial use, what
is plan B. Gene said if that is the case, the majority of the canal
companies have the same problem.
Dell Barney suggested that J. D. and Ray need to get together and go
over everything.
The mayor stated that if they wanted to clean the canal and put in a
device to measure the water, we would lease it to them for possibly $1
a year. The city has not tried to make money. Gene said they would and
will clean the canal. The mayor asked him to get with Mr Erikson about
the measuring the water.
Roger asked about the cost to the Teton Pipelines? The mayor said it
would still be $3000 for this year.
Dell asked if the mayor would check the records to see what money is
available.
Meeting adjourned.
66 Z&�
Mayo L. Boyl
City Clerk, Rose/Bagley