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DateNameCompanyComment
08/30/2018Lisa BrownWaterWatch of OregonThank you for the opportunity to comment on the application for T-12986. Comments 1. Though we are not able to do a thorough analysis of the “from” lands at this time, we are concerned after viewing the affected certificate rights in OWRD’s water mapping tool that some of the places of use may not be irrigated. We urge OWRD to do a comprehensive analysis of the “from” lands as it reviews this transfer application. 2. The transfer application map does not seem to conform to the requirements. Namely, the map is required to show the “from” and “to” lands for each affected certificate but the transfer application includes tables of “from” and “to” lands for certificates that are not identified on the maps. 3. The transfer application indicates (and the map and imagery appears to to show) that some of the “from” lands that are covered by surface water permits are currently being groundwater irrigated. (See e.g. Transfer Application, p. 10). It is unclear why there would be an operational groundwater pivot circle overlapping a place of use of a surface water permit. That would be unlawful (unless the groundwater permit was supplemental, in which case the proposed transfer of only the surface water place of use would be unlawful). We request that OWRD investigate this and address it in any PD. 4. The transfer application appears to propose changing the priority date from 1907 to 1882 for POD1 and various acres associated with certificate 20919. (See Transfer Application, p. 7-8). We are unaware of any statute authorizes this. 5. OWRD needs to include in its injury analysis the impact of the proposed transfer to any domestic wells in the area, including exempt domestic wells. A groundwater use that is exempt under ORS 537.545(1), including an exempt domestic well, “to the extent that the use is beneficial, constitutes a right to appropriate ground water equal to that established by a ground water right certificate issued under ORS 537.700 (Issuing ground water right certificate).” ORS 537.545(2). Thank you for considering these comments. Please do not hesitate to contact me with any questions.
08/30/2018Shonee LangfordSchwabe, Williamson & WyattOn behalf of George Stroemple, I am providing some initial comments on proposed transfer T-12986. Mr. Stroemple is an upstream landowner and water user on Wildhorse Creek. Given the scope and complexity of the transfer, we are still evaluating possible impacts to Mr. Stroemple. For now, we offer the following initial comments: • The watermaster’s review, dated August 9, 2018, state’s that there is no history of regulation “on the source that serves this (or these) right(s) that has involved the transferred right(s) and downstream water rights.” (See Watermaster Review Form, Question 2). We would like to clarify for the record that there has been significant regulation on Wildhorse Creek in 2018, that the watermaster received multiple calls for water from the transfer applicant, and in response to those calls the watermaster regulated Mr. Stroemple’s upstream water use. We also note that the Wildhorse Creek water rights involved in the proposed transfer are senior to some of Mr. Stroemple’s water rights and junior to others. • The transfer application is supposed to include a detailed description of the water delivery system for each water right involved in the transfer, including information on the capacity of pumps, canals, pipelines, and sprinklers used to divert, convey and apply water. OAR 690-380-3000(10). The water system descriptions provided by the applicant do not contain enough detail to confirm that the applicant is ready, willing and able to use the full rate and duty of each of the water rights involved in the transfer (see Part 5 of 5 for each water right). Please send copies of the Preliminary Determination for T-12986 via regular mail and email to: Shonee Langford Schwabe, Williamson & Wyatt 530 Center St. NE, Suite 730 Salem, OR 97301 slangford@schwabe.com George Stroemple PO Box 1810 Lake Oswego, OR 97035 gstroemple@pacstar.com We appreciate the opportunity to submit these comments. Thank you for your consideration.