LEGAL NOTICE

BEFORE THE WASHINGTON STATE DEPARTMENT OF ECOLOGY, YAKIMA, WASHINGTON.

NOTICE OF APPLICATION TO CHANGE PLACE AND PURPOSE OF USE AS AUTHOROZED UNDER SURFACE WATER CERTIFICATE NO. 945, CLAIM NO. 118277, AND CLAIM NO. 003935.

NOTICE OF APPLICATION FOR NEW APPROPRIATIONS OF PUBLIC WATERS, MITIGATED BY ECOLOGY’S TRUST WATER PROGRAM, APPLICATION NO’S. S4-33097 AND G4-33098.

TAKE NOTICE: That on September 9, 2013, Methow Valley Irrigation District (MVID) of Twisp, Washington applied to change the place of use and purpose of use under Surface Water Certificate 945, Claim 118277, and Claim 003935.  The corresponding change application numbers are CS4-MVID@155, CS4-118277CL, and CS4-MVID@156.

Surface Water Certificate No.945, under priority date of August 22, 1919 authorizes the diversion of 150 cfs from the Methow River located within NE 1/4, NE 1/4, Sec. 25, T. 34 N,
R. 21 E.W.M. for irrigation of 1,566.5 acres, power and domestic use (period of use not specified) for lands within the MVID lying east of the Methow River.

Claim  No. 118277, under priority date of 1914 claims the diversion of 2.0 cfs and 360 acre-feet from the Alder Creek located within NE 1/4, NW 1/4, Sec. 3,
T. 32 N, R. 22 E.W.M. for irrigation use from April 15 to October 15 for platted lands in T. 32 N., R. 22 E.W.M.

Claim No. 003935, under priority date of 1908 claims the diversion of 500 cfs and 90,000 acre-feet from the Twisp River located within SW 1/4, SE 1/4, Sec. 10, T. 33 N, R. 21 E.W.M. for irrigation of 950 acres from April 15 to October 15 for specified District lands in T. 32 N. and
33 N., R. 21 and 22 E.W.M.

That Certificate No.945 and Claim No. 003935 have been the subject of numerous previous changes and are subject to an Administrative Order DE 03WRCR-5904, which limits diversions on the Twisp River to 11 cfs and 2,716 acre-feet and diversions on the Methow River to 20 cfs and 4,909 acre-feet less inflow from the Barkley Canal.

That MVID proposes to change the purposes of use for all three water rights to mitigation for new out-of-stream uses and instream flows and to change the  places of use that include the Methow River, Alder Creek, & Twisp River.  MVID proposes to transfer the three above listed water rights into the State Trust Water Right Program for instream flows in the Methow River, Alder Creek & Twisp River and for mitigation for a new groundwater and a new surface water appropriation.

That on October 28, 2013, Methow Valley Irrigation District (MVID) of Twisp, Washington, under Application No’s. S4-33097 and G4-33098, applied to appropriate surface water and groundwater, subject to existing rights, mitigated by the three above mentioned MVID water rights transferred to Ecology’s trust water program.

Application No. S4-33097 requests 12.7 cubic feet per second and 3,309 acre-feet from the Methow River, from the existing MVID diversion point located within the NE 1/4 of NE 1/4, Sec. 25, T. 34 N, R. 21 E.W.M., for seasonal irrigation use from April 15 to October 15 within the boundaries of MVID lying east of the Methow River.

Application No. G4-33098 requests 10,009 gallons per minute groundwater withdrawal and 4,716 acre-feet from up to 100 wells within Sec. 12, T. 33 N, R. 21 E.W.M.; Sec. 7, 8, 17, 18, 20 21, 27, 28, 34 & 35, T. 33 N,
R. 22 E.W.M.; Sec. 2, 3, 9, 10, 16, & 20  T. 32 N, R. 22 E.W.M. for seasonal irrigation use from April 15 to October 15 and year round municipal use within the boundaries of MVID and Town of Twisp water system service area boundary.

That the intent of the proposed trust water right transfers and new water right authorizations is to create an MVID water bank.  The water bank will not result in an increase in consumptive use and will result in a new instream flow water right benefit in the Twisp and Methow Rivers.  For further details on the existing water rights, administrative order, MVID Instream Flow Improvement Project, change applications, or new water right applications, inquire directly with the Department of Ecology.

Protests or objections to the approval of these applications must include a detailed statement of the basis for objections.  All letters of protest will become public record.  Cash shall not be accepted.  Fees must be paid by check or money order and are nonrefundable.   Protests must be accompanied by a fifty dollar ($50) recording fee payable to the Department of Ecology, and filed with the Department of Ecology Cashiering Unit, P.O. Box 47611, Olympia, WA 98504-7611 within thirty (30) days from November 27, 2013.

Published in the Methow Valley News November 20 and 27, 2013.