LEGAL NOTICE

BEFORE THE WASHINGTON STATE DEPARTMENT OF ECOLOGY YAKIMA, WASHINGTON

NOTICE OF APPLICATION TO CHANGE PLACE AND PURPOSE OF USE AS AUTHOROZED UNDER CLAIM NO. 129470 AND CLAIM NO. 129471

AND NOTICE OF APPLICATION FOR A NEW MITIGATED APPROPRIATION OF PUBLIC WATERS UNDER APPLICATION NO. S4-33166

TAKE NOTICE: That on October 26, 2015, Barkley Irrigation Company (BIC) of University Place, Washington applied to change the place of use and purpose of use under Claim No. 129470, and Claim No. 129471 by submitting change application number is CS4-129470CL@4.  Both claims represent a single pre-code vested water right.

Claim No. 129470, under priority date of June, 1900 claims the diversion of 85 cfs and 61,200 acre-feet per year from the Methow River with the point of diversion located within Sec. 13, T. 34 N, R. 21 E.W.M. for the irrigation of 900 acres during the irrigation season.

Claim No. 129471, under priority date of September, 1909 claims the diversion of 60 cfs and 43,200 acre-feet per year from the Methow River with the point of diversion located within Sec. 13, T. 34 N, R. 21 E.W.M. for the irrigation of 900 acres during the irrigation season.  However, ecology noted an error in the claimed location based on a GPS measurement associated with a subsequent change authorization, locating the actual diversion within SE¼ SW¼ SW¼ S. 12, T. 34 N., R. 21 E.W.M.

The 900 acres authorized for irrigation under Claim Nos. 129470 and 129471 are located in Sections 13, 24, and 25 of T. 34 N., R. 21 E.W.M., Sections 19, 30, and 31 of T. 34 N., R. 22 E.W.M., and Sections 5, 6, and 8 of T. 33 N., R. 22 E.W.M.

Change Application No. CS4-129470CL@4 proposes to change the purpose and place of use of BIC’s water right to instream flow and mitigation.  The transfer to instream flow is intended to benefit the Methow River from the historic point of diversion to the confluence with the Columbia River.  This transfer is also intended to provide mitigation through the creation of a water bank to mitigate out-of-stream uses, including irrigation and to facilitate irrigation efficiency improvements associated with the BIC.

On October 26, 2015, Barkley Irrigation Company (BIC) of University Place, Washington under Application No. S4-33166, applied to appropriate surface water, subject to existing rights, mitigated by the two above mentioned BIC water rights transferred to Ecology’s trust water program.  Application No. S4-33166 requests 26.0 cubic feet per second and 8,327.57 acre-feet per year from the Methow River, from a diversion point located within Sec. 24, T. 34 N, R. 21 E.W.M., for the seasonal irrigation of 640 acres in sections 13, 24, and 25 of T. 34N., R 21 E.W.M., sections 19, 30, and 31 of T. 34N., R 22 E.W.M., and sections 5, 6, and 8 of T. 33N., R 22 E.W.M.

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 June 8, 2016.

Published in the Methow Valley News June 1 and 8, 2016.

LEGAL NOTICE

WAC 197-11-350 Mitigated Determination of Nonsignificance (DNS)

Mitigated Determination of Nonsignificance

Description of proposal: Construction of a single-family residence and detached garage within a designated flood hazard and shoreline area.

Proponent: John and Melodie Fleming

Location of proposal, including street address, if any: 510 Bridge Street, Twisp, WA 98856.

Lead agency: Town of Twisp

The lead agency for this proposal has determined that with proposed mitigation the project does not have a probable significant adverse impact on the environment. An environment impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). The decision was made after review of a completed environment checklist and other information on file with the lead agency. This information is available to the public on request.

This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by……..

Responsible official: Kurt E. Danison, Planner, PO BOX 278, Twisp, WA 98856. 5/16/2016.

You may appeal this determination to: Jackie Moriarity, PO BOX 278, Twisp, WA 98856 no later than June 15, 2016 in writing. You should be prepared to make specific factual objections. Contact Kurt Danison, Planner or townoftwisp.com to read or ask about the procedures for SEPA appeals.

Published in the Methow Valley News June 1, 2016