HYDRO31341

• Permit No: C1984065
• IBM Index Class Name: Hydrology
• Doc Date: 11/29/1990
• Doc Name: RULING OF REFEREE
• Permit Index Doc Type: NPDES
• Media Type: D
• Archive: No

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6. On March 21, 1974, in Case No. W-2125, the Water Referee
for Water Division No. 5 awarded to the Riverbend I•iells Nos. 1,
2,3,4, and 5, a conditional water right for 0.67 cubic foot of
water per second of time for each well, with the total annual pro-
duction limited to 340 acre feet, to be used for municipal, (inclu-
ding commercial, industrial, domestic, irrigation incidental thereto
and sewage treatment), irrigation, recreation, fish and wildlife
propagation, and all other beneficial purposes, including storage
for each of the above purposes, with appropriation date of June 1,
1973. The Claimant was directed to file an application for quad-
rennial finding of reasonable diligence in the development of this
conditional water right in Marcli of 1978 to maintain the condi-
tional water right in full force and effect. This ruling of the
Referee was confirmed and made a Decree of the Court on July 23,
1974.
7. On June 28, 1979, in Case No. W-2125-78, the Water .Referee
for Water Division No. 5 found that the claimant had diverted and
applied to beneficial use, in accordance with the original Decree,
0.49 cubic foot of water per second of time from Riverbend Well
No. 3, and ruled that said 0.44 cubic foot of water per second of
time be made absolute and unconditional. The Referee further found
tl[at the claimant had exercised reasonable diligence in the develop-
ment of remaining conditional water right awarded to Riverbend [dells
No. 1, No. 2, No. 3, No. 9 and No. 5, and ruled that said conditional
water right remain in full force and effect. The claimant was
directed to file an application for quadrennial finding of reasonable
diligence in the development of the remaining conditional water
right in March of 1982. This Ruling of Referee was confirmed and
made a Decree of the Court on August 13, 1979.
8. On tdarch 29, 1982, the claimant filed in [dater Court for
Mater Division No. 5, an application for quadrennial finding of
reasonable diligence and to make absolute a conditional water right
in which it is requested that the 0.23 cubic foot of water per
second of time remaining conditionally decreed to Riverbend Well
No. 3, and 0.67 cubic foot of water per second of time awarded
conditionally to Riverbend [dell No. 4 be made absolute and uncon-
ditional. The Applicant further requests that the Court find that
the applicant has exercised reasonable diligence in the develop-
ment of the remaining conditional water rights and that said condi-
tional water rights remain in full force and effect.
9. On July 20, 1982, the [dater Referee, the Division Engineer
and the Applicant's representative made an on-site inspection of
the installation of the wells. It was found that the amount of
water produced from Riverbend 47e11 No. 3 had not been increased
above the 0.94 cubic foot of water per second of time which had
been previously made absolute and unconditional. It was furhter
found that a pipeline had been constructed from Riverbend well No.
9 to the system, but a pump had not been installed in the well and
water from the well had not been diverted and applied to beneficial
use.
10. In support of the applicants request that the Court find
that reasonable diligence has been exercised in the development
of the remaining conditional water right ~ detailed outline of
the work performed and the expenditures ~ade has been submitted.
The Referee having conducted the necessary investigations, and
having examined the information submitted by the applicant, does
conclude that the application should be granted in part and should
be denied in part, as follocas:
2.