HomeMy WebLinkAboutTraverse Creek_Marten Law
D – 208 . 999 . 5901 | E - abarker@martenlaw.com | P.O. Box 2139, Boise, ID 83701-2139
March 20, 2023
Via Email: KWright@cityofcaldwell.org
Katie Wright
City of Caldwell
Annexations
621 Cleveland Boulevard
Caldwell, ID 83605
RE: Case No. ANN22-000025, PUD22-000010, SUB22-000042 Traverse Creek
Subdivision
Dear Ms. Wright:
I am writing on behalf of Mason Creek Ditch Company with regard to an
application for annexation, preliminary plat approval and a planned unit development
for a residential subdivision known as Traverse Creek subdivision. The property is
located along Lincoln Road at the intersections of KCID Road and Wells Road. The
application states that the property is bisected by Mason Creek.
I am advised that a hearing may be scheduled on April 12, 2023. If this scheduled
hearing date changes, please let us know.
Mason Creek Ditch Company receives water from Mason Creek which runs
through the middle of the subdivision. Mason Creek has several irrigation ditches that
surround and run through property that provide irrigation water for Mason Creek Ditch
Company patrons whose land is located to the west of Midland Road and north of the
Creek. Mason Creek Ditch Company’s review of the Traverse Creek subdivision site plan
indicates that the laterals delivering water to Mason Creek landowners will be affected
by the proposed subdivision plan. These impacts to Mason Creek’s ditches and laterals
and how Traverse Creek plans to deal with these laterals and ditches are not adequately
described in the proposed plan.
There is a major check on Mason Creek in the vicinity of the proposed
subdivision that is used deliver Mason Creek’s water to property just to the north that is
owned by Mason Creek landowners. Mason Creek is very concerned about increased
public access to that check and the possibility of vandalism and damage as well as
danger to the residents from the flows in the Creek.
e
MARTEN LAW
Under Idaho Code g 4z-tzo7, "the written permission of the owner of a ditch,
canal, lateral, drain or buried irrigation conduit must first be obtained before it is
;ilG"a or piaced in buried pipely the landowner." At the current time, the developers
of thJ Trave-rse Creek subdivisi,otr hu,r" not obtained written permission of Mason Creek
io change or bury the laterals or ditches which are used to deliver water to Mason Creek
land.owners. Mason Creek Ditch Company requests that, in any decision approving the
.oUainirion, the developers be expressly requiied to obtain the written approval of
Mason Creek Ditch Company foriny chang-es in its laterals or any effort to bury its
laterals in conduit prior to starting work on the ground'
The City must require the developer to meetwith Mason Creek and to execute an
ug.""*"nt wiih tvtason ireek adopting conditions that will pr9!ec! the irrigation ditches,
lalterals and delivery structures. These conditions must run with the land and be
enforceable by Mason Creek Ditch Company against the developer and subsequent
landowners.
The developer must grant a written easement to Mason Creek for the course of any
ditches or faterals pllced in a pipeline, and the easement must remain free of all
structures, dwellin^gs, trees, f**r, and other encroachments. Costs associated with the
maintenance and rEpair of itre pipeline shall be the responsibility of the developer and
subsequent landowners.
The deeds to the land.owners must contain these conditions as covenants and
develofer must be required to include these conditions in any agreements with any
homeowners association created for this property.
Thank you for the opportunity to comment on the pending application.
Barker
Partner
Direct: (zo8) 999-S9oL
Email: abarker@martenlaw.com
Board of Directors, Mason Creek Ditch Companycc
D-208.999.5901 I E-abarker@martenlaw.com I P.O.Box2139,Boise,ID83701-2139