No. 13-04

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

YAKIMA, WASHINGTON

  NOTICE OF APPLICATION TO ENTER A PORTION OF A WATER RIGHT CONFIRMED UNDER YAKIMA ADJUDICATION COURT CLAIM NO. 1075, FOWLER DITCH ASSOCIATION, INTO THE STATE TRUST WATER RIGHT PROGRAM

TAKE NOTICE:

  That on June 25, 2008, the WASHINGTON STATE DEPARTMENT OF ECOLOGY (ECOLOGY) AND FOWLER DITCH ASSOCIATION (FDA) filed application number CS4-1075CTCL@1 to transfer a portion of a water right confirmed under Yakima Adjudication Court Claim No. 1075 into the State Trust Water Right Program. This portion of Court Claim No. 1075 has a priority date of August 29, 1892. The 1892-priority water right is confirmed to FDA, which in total authorizes the diversion of 5 cubic feet per second (cfs) from April 1 through August 31, 3.5 cfs in September, 2.6 cfs in October, 1,673 acre-feet per year (ac-ft/yr) for irrigation of 1,919.73 acres, other agricultural purposes, and stock water, from April 1 through October 31. Ecology purchased 169 FDA shares from Lester and Emma Roy on January 7, 2003. These FDA shares represent a total of 363.77 ac-ft/yr historically used by the Roys to irrigate 96.9 acres; this amount is equivalent to a continual flow during the April 1 through October 31 irrigation season of 0.96 cfs from April 1 through August 31, 0.68 cfs in September, and 0.50 cfs in October. The confirmed water right’s authorized point of diversion is on the Yakima River: within the SE1/4SE1/4 of Section 7, Township 13 North, Range 19 East, Willamette Meridian.

  That said application proposes to change the purpose of use and place of use of the 363.77 ac-ft/yr of water to instream flow and wetland enhancement uses within side channels and wetlands on the former Roy property, now owned by the United States Bureau of Reclamation (Reclamation), and for instream flow use in the Yakima and Columbia Rivers downstream of the former Roy property. Ecology may also use this water periodically, as needed, to mitigate for other water banking activities occurring elsewhere in the Yakima Basin, to ensure water budget neutrality to the Yakima Basin’s Total Water Supply Available, as managed by Reclamation at the Parker gaging station, and to ensure no negative effect on other existing water rights. The resulting water right will be managed in the Washington State Trust Water Right Program.

  FDA will continue to divert and carry this water in the FDA canal to FDA turnout #23, at which point 90% of this water will be measured and turned out for delivery to the side channels and wetlands on the former Roy property now owned by Reclamation and downstream to the Yakima and Columbia Rivers.

  Protests or objections to approval of this application 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 $50 recording fee payable to the Department of Ecology, Cashiering Unit, PO Box 47611, Olympia WA 98504-7611, within 30 days from: January 17, 2013)

Publish January 10 & 17, 2013