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DateNameCompanyComment
 BRYAN FRAZIER  My concerns with this transfer is that water is being transferred from eastside ditch 1941 rights to hill ditch 1860's rights are as follows. The Eastside ditch usually is one of first ditches to be shut off in dry years where as Hill ditch normally never is shut off. The applicant should not be able to us Neil creek water if eastside ditch is shut off because of lack of water in Neil creek, as that would affect others with more senor water rights on Neil creek including my property and the other 22 properties that are members of West Side Neil Creek Ditch. In addition the comingle box where T.I.D. and hill ditch comingle has a design flaw, when Corp Ranch isn't using water to irrigate the box over flows sending Neil creek water down through applicants property. This is a waste of water that Neil Creek and other water users on Neil Creek could use. The comingle box was installed the summer of 1978 I helped Keith Corp along with a couple friends pour the concrete box that summer when we were hauling hay for Keith. This applications shows transferred water being used to water around house and along driveway. but applicants storage pond application number R88268 shows water will be used for livestock only. which is it? Thank you for your consideration in this matter.
 Ted A. Loftus Loftus Landscaping Inc. (retired)To: State of Oregon Water Resources Department ATTN: MARISSA ANDREWS 725 Summer St. NE, Suite A Salem, Oregon  97301-1266 Date: September 1, 2016 From: Ted Loftus & Katherine Mahoney 750 Neil Creek Rd Ashland, OR  97520 RE: Application for Permanent Water Right Transfer Certificate T 12448 We submit this letter in response to the Application for Permanent Water Right Transfer Certificate T12448. There are erroneous statements with respect to the history of water use on (Tax Lot 1904), purchased by Silers’ in 2015. My wife and I purchased and have lived on Tax Lot 1902 since 2011. Our property is adjacent to Tax Lot 1904. We are concerned that our water right 15980, dating back to 1873, could be negatively impacted, especially during low water years, if this transfer is approved. I recently retired from a 35 year career as a licensed landscape/irrigation contractor in Jackson County and as a result, have developed a strong background in how water flows by way of gravity and/or pumping. Neil Creek water flows year round but on low snow pack years only owners of senior water rights receive late season water. Because our water right is not a senior right, our Neil Creek water is generally cut off in late summer. Our water comes through a spur ditch off Neil Creek known as the East Neil Ditch. Corp Ranch also used this spur for water until the late 1970s when they transferred their right and point of connection upstream approximately 1/2 mile. This transferred water goes into a cistern and is co-mingled with TID water that Corp Ranch has and continues to pay for. Corp built the cistern below the TID ditch and uses the water to water his hay fields. When Corp Ranch doesn't use all the water flowing into their cistern it goes into an overflow pipe. That overflow water until recently, travelled across a neighbor’s property and eventually onto the property that the Silers’ purchased. The water flowing across the neighbor’s property was causing erosion and was thought to be wasteful. As a result, the neighbor requested that Corp Ranch stop sending water across this neighbor’s property in the spring of 2016. When the flow of that water stopped, the Siler’s complained to TID and asked that the water be turned back on. Their request was denied because the property owner who asked it be turned off had the legal right to do so. In July, 2016 the Silers reached an agreement with Corp Ranch to divert this overflow water to Silers’ property. Siler’s immediately installed a 6” pipe to transport this water to their property. Siler’s application, if approved, would allow the Silers to access Neil Creek and TID water that flows thru Corp’s system. This would decrease the amount of water that flows down Neil Creek, resulting in less available water to all property owners downstream. Noted below are two of the most erroneous statements in the application T12448: In reference to TL1904, it is stated that “a wooden head gate on a corrugated metal pipe crossing under an existing road was historically used to impound water…”. No one who has lived adjacent to TL1904 remembers a head gate or any impounded water as far back as 1950. 2. With respect to the alleged impounded water it is stated that, “…enough hydraulic head was built through gravity flow to siphon water from the confluence of the draws to the most westerly portion of TL 1904.” The elevation gain from the confluence of the draws to the most westerly portion of TL1904 is greater than 80 ft.. It is not possible to siphon water via gravity flow uphill with an 80 foot elevation gain. Other questionable statements are more difficult to explain without walking the site. We hope the above information and history will facilitate your understanding of the situation surrounding Certificate T 12448. Our goal is to protect existing water rights to our property (Tax Lot 1902) and to the property of surrounding neighbors. With appreciation for your time, Ted Loftus & Katherine Mahoney 750 Neil Creek Rd. Ashland, OR 97520 541-601-0562 lofland7@gmail.com
 DOUGLAS HORMEL Douglas Hormel 858 Neil Creek Road Ashland, OR 97520 September 1, 2016 This is a comment in reference to file number T12448, an application for permanent water right transfer submitted 7/27/16. I have concerns regarding this water right transfer request. I would like to present a different view concerning the historical synopsis accompanying this application. I have lived at 850 Neil Creek Road (tax lot #2100) adjacent to the applicant's property since 1967. I have operated a nursery on this property since 1981 and my water rights enable me to operate my business. The drainage and seepage of the east, middle, and west draws in this application for certificate #14336 originate entirely on my property and drain to the applicants property. The buried pipes referenced in this application are visible and convey Neil Creek water from the Hill Ditch, over the Talent Irrigation District (TID) canal, to irrigate my land. The maps accompanying the original application from 1941 are quite clear showing the three major draws traversing my property. To my knowledge, there was never a dam or pond where the draws converge as claimed by the applicant; the water was diverted through open ditches. I did not research the Final Rogue River Decree referenced in this application, but I do know the east side ditch certificate #15980 did deliver water to part of tax lot #1904 historically. The Siskiyou Dairy was located at 800 Neil Creek Road during the 1950's and 1960's. The dairy irrigated their property with the east side ditch. The dairy property was then subdivided into six parcels which include the applicant's property, parcel #1904. The accompanying map drawn by Scott Fein is not accurate regarding the recent use of water on this property. This property has not used water from certificate #15980 since 1978, nor does it currently have access to this source. One could claim that five years of non-use constitutes forfeiture of the right. The water from certificate #15980 has never been delivered to this property through tax lots #2105 and #123 via pipelines as stated by the applicant's. The applicants installed pipes in July of this year through the two adjacent tax lots (#2105 & #123) and now claim this was how water from certificate #15980 was delivered to their property historically. In the late 1970's and early 1980's Keith Corp installed a large gravity flow irrigation system for Corp Ranch. The waters from Neil Creek were combined with the Talent Irrigation District water at the intake box of this system. The intake box has a design flaw ,water not used in the system backs up and overflows as waste water. Corp Ranch solved their problem by obtaining permission to pipe the overflow waste water onto my property where it ran down the west draw. Last year I withdrew permission for Corp Ranch to run overflow water through my property. I did not want to facilitate wasting water given our recent several years of drought. The large volume of water was also creating erosion problems on my property. As a comparison, residents of Corp Ranch Road (not connected with Corp Ranch) created a water district and installed a gravity flow system with an intake box adjacent to Corp Ranch's box. Their intake box is designed so all unused water remains in the canal. There is no overflow. Page 2 comment on file #T12448 This application is a desire to redefine the existing water right #14336 to include water from the Corp Ranch intake box. The applicants have installed piping that will connect to the intake box and redirect water to their property. They will be taking co-mingled TID and Hill Ditch water to irrigate their property and fill a pond. This is clearly not drainage and seepage water and not the original water right #14336. If the applicants are allowed to connect their piping to the Corp Ranch box, they will be using Neil Creek water that is not a part of their water right. Neil Creek water would be taken from neighboring property owners with priority rights to that water. TID water users will not be happy to see water redirected to a property that currently does not pay for TID water. If the applicants purchase TID water, it should be metered and delivered without comingling with Neil Creek water. I believe the water source for this transfer application should be carefully reviewed and denied based on the information given in this comment. Thank you for your consideration. Douglas Hormel 850/858 Neil Creek Road Ashland, OR 97520