HomeMy WebLinkAboutPublic Agencyr
r
PUBLIC AGENCY
ITEM
DATE
SUBMITTED BY
a
t,1�-- X,3,VL -o fir
_aOlo
and lrri -
��1
Anne Marie. Skinner
From:
Mark Zirschky [mark@pioneerirrigation.com]
Sent:
Monday, November 01, 2010 1:00 PM
To:
Anne Marie. Skinner
Subject:
Case No. ANN-185-10 / SUP-340-10
November 1, 2010
City of Caldwell Community Development Department
Attn: Anne Marie Skinner
Email: amskinner@ci.caldwell.id.us
Re: Case No. ANN-185-10/SUP-340-10 (Charter School) Special Use Permit
TO WHOM 1T MAY CONCERN:
Please be advised there is a delivery point in place for the property being proposed for development. Pioneer
Irrigation District's main concern is that all water rights within the District be honored, and that access to irrigation
water be provided to every parcel of land. Delivery point for said property is gate 38 — 26.1 Lateral.
All existing easements, right-of-ways, and other means used to honor the water rights to downstream waterusers
must be maintained and allowed to continue to exist. It is imperative that no one disrupt the delivery of water to a
downstream water user.
Any lateral, canal, drain or other means used to deliver water, along which there is a right-of-way or easement,
must have the same kept clear of all obstructions at all times. No fences, structures, or other materials are allowed
on any of the District's easements or right-of-ways AND they must be recorded on the final plat. Storm water
discharge will not be accepted into Pioneer Irrigtion District's facilities. The 25.1 Lateral has a 16 foot from top of
bank easement on both sides of the lateral.
There are to be no pathways within Pioneer Irrigation District easements.
Any discharge or run-off into a federal drain must meet the approval of Lupe Rodriguez of the Bureau of
Reclamation. Pioneer Irrigation District does not assume any responsibility for such an approval. Her telephone
number is 383-2221. Dixie Drain — 110 foot Federal Right of Way, 55 feet from centerline of drain. There is to be
no obstructions, fences, buildings, walk paths, etc. within right of way.
Please be advised that NO change to or crossing of a District facility can take place unless a License Agreement or
Crossing Agreement between the District and the owner/developer of the property has been signed and recorded.
Please contact the District's Attorney, Scott L. Campbell, in writing if you need to obtain such an agreement. His
contact information is: Scott L. Campbell, Moffatt Thomas Barrett Rock & Fields, Chtd., 101 S. Capitol Blvd., 10ih
Floor, Boise, Idaho 83702, phone: (208) 345-2000, fax: (208) 385-5384.
A License Agreement or Crossing Agreement must be written up and recorded at the expense of the Developer
and/or owner. All agreements must be reviewed by and approved by Mr. Campbell. The least expensive way to
have an agreement drawn up which meets the need of the District is by having Mr. Campbell himself draw it up.
Otherwise there will be two attorney fees for said developer and/or owner to pay. A deposit of $1000.00 must be
paid to Moffatt, Thomas to cover the attorney fees before the work can begin. Any unexpended portion of the
deposit will be refunded. Pioneer Irrigation District will recommend disapproval of the final plat approval, until the
agreement has been executed and recorded. If construction begins without the required agreement, Pioneer
Irrigation District will pursue judicial relief to stop the construction.
Plans must be received by Pioneer Irrigation District by December 15t', 2010. All construction which may
impact District facilities must be completed prior to the March 1eh, 2011 deadline. The construction time -
frame which Pioneer Irrigation District allows is November 1st of the current year to March 16" of the
following year.
Ten percent (10%) of the PID project costs, as determined by Pioneer Irrigation District's engineer, shall be
deposited with Pioneer, in the form of a cashier's check, payable to Pioneer Irrigation District, at the time of
execution of the agreement by the Developer/Land Owner. Pioneer shall refund this deposit if the construction is
completed by March 15t", and in accordance with the terms of the agreement, otherwise the deposit shall be
forfeited to Pioneer Irrigation District.
If construction is not completed by March 151h in a manner which allows for adequate delivery of water, Pioneer will
intervene and perform whatever work is necessary to allow adequate delivery of water to patrons. This work will be
performed at the convenience and discretion of Pioneer Irrigation District. The Developer/Land Owner shall pay the
costs of this remedial work.
Any proposed development which will have downstream waterusers using gravity flow irrigation must develop their
irrigation system in a manner which will insure the downstream waterusers the ability to acquire at least as much
irrigation water for gravity flow irrigation as what they received prior to any development or construction taking
place. The gravity flow irrigation system must be totally separate from the proposed pressurized irrigation system
within a subdivision.
Please be advised, the developer shall submit detailed drawings of any proposed relocations of Pioneer Irrigation
District's facilities, prior to preliminary plat approval. Any said relocations are subject to approval from the
Superintendent and/or the Board of Directors of Pioneer Irrigation District
Any construction that impacts Waters of the United States may require obtaining a 404 permit from the Corp of
Engineers. Greg Martinez of the Corp of Engineers can be contacted at 345-2154.
Prior to finalization of any Agreements with Pioneer Irrigation District, Pioneer Irrigation District must receive a copy
of a 404 permit that has been properly executed. If it is determined by the Corp of Engineers that a 404 permit is
not required, Pioneer Irrigation District must be notified in writing by the Corp of Engineers that said 404 permit is
not required.
NOTE: This letter does not authorize any construction to commence until all the necessary agreements
with Pioneer Irrigation District have been executed and recorded.
If you have any questions or comments, please do not hesitate to call.
Sincerely,
l
Mark F. Zirschky
Assistant Superintendent
�
r
erF 6CN
j,2t/55rrt�.�-dam
�r--- -
!'�fRt /rksi'64S
—
---------------
i'v 4COWO . tox k.► vax = !-7A�►�
krpxpjtrucF tv a
.rF-
�M q • R4X
'rA4 A-rriWP Ace-
= g3 ►► - Ab S' Gl1AW f^flVP