City set to approve settlement on water rights transfers

by Landon Johnston

Mountain Home News

Council members approved a new water rights transfer application for the city Monday night at their regularly-scheduled city council meeting.

City Attorney Jay R. Friedly summarized the new application and explained the modifications made in regards to the protest and settlement agreement.

The city originally filed the application, No. 72128, with the Idaho Department of Water Resources (IDWR) in February to transfer six points of diversion with the intent of adding at least three new wells to the city's municipal system.

Close to 30 people subsequently filed protests against the application with IDWR and a pre-hearing conference was held at City Hall in April to, "Simplify and identify problems," according to John F. Westra., Western Regional Manager for IDWR.

Friedly said that the modified transfer application and settlement agreement was a result of that conference and several more that took place between himself, Protestant Jim Carrie, Intervenors Richard T. and Charlotte A. McMahon and representatives from IDWR.

"I think it is now apparent that the city was not out to hurt anybody," Friedly told the audience Monday night. "They were simply trying to provide water for the growing population of Mountain Home."

McMahon said that he felt satisfied with the outcome and that he was pleased to see the city work with the protestants.

"Nobody wanted to go to a hearing," he said. "That's why we held the conference in April and that's why we worked so hard on this, so we wouldn't have to go through that process."

McMahon also said that neither side wanted a hearing and they were both willing to compromise to avoid one.

"I think it all worked out for the best. Things were heated at times, but we were all able to work together to get this thing taken care of," he said.

In the settlement agreement, it states that the city understands that the protestors are concerned about such issues as the over-appropriation of Mountain Home's aquifer and the city, "Agrees to modify its application in accordance."

The agreement goes on to state that, "The Protestants and Intervenors have agreed to withdraw their protests based upon the promises and agreements contained herein."

Those promises and agreements include the city withdrawing its request for three of the proposed points of diversion from the transfer application.

Those points of diversion, the City Shop Well and Well Nos. 17 and 18, were all located in the south end of town. According to Public Works Director Wayne Shepherd, it was determined that those sites were not in the best location for drilling municipal wells.

The only possible point of diversion the city is still applying for is the Legacy Park Well, the exact location for which has not yet been determined.

"With the exception of the Legacy Park Well, it is probably best that we use the water we already have," said Shepherd.

Friedly said the city has not decided if it will drill any new wells near Legacy Park at this time.

"This just means that they can," he said.

Also under the new agreement, the city guarantees to, "Perform a standard pump test on any new well or wells (Legacy Park) drilled by the city in conjunction with this transfer application in an attempt to determine the cone of influence of the new well."

McMahon said that was, and still is, one of the main concerns of the protestants.

"We simply wanted to be covered in case of any damages stemming from drilling new wells," he said. "Hopefully this agreement will cover everybody in that regard."

In the event that drawdown occurs in individual wells, the city has promised in the agreement to, "Make a reasonable effort to mitigate any damages caused by the drawdown as a result of the new city well."

That promise could include connecting the damaged protestant to city water, a reasonable cash payment to compensate for any damages caused or paying to have the protestants pump lowered.

But McMahon still cautioned people who had not filed protests to watch their water levels.

"Everyone whose name is on this agreement is covered completely," he said. "But if your name is not listed, then you may still have to pay somewhere down the line."

Finally, the city agreed to make an effort to utilize surface water irrigation rights and water from the perched aquifer in the future in an attempt to decrease the reliance on the Mountain Home aquifer.

After Friedly's summarization and the council's approval of the settlement agreement, Mayor Joe B. McNeal thanked all those parties involved for the time and effort put into the modification.

"We really appreciate all the hard work that was put into this from everybody involved," he said. "It came out right."

A complete copy of the settlement agreement, along with the actual water rights transfer application itself, is available at city hall.

In other council news:

* At a special council meeting last week, council members tentatively decided to allot money in the FY07 Budget for the funding of the Elmore Historical Society in the amount of $12,000 and Mountain Home Transit in the amount of $25,000.

Although the decision is not yet final, it is expected that council members will formally approve the changes when they meet tonight to discuss the budget for a final time.

City Treasurer Leanna Taylor said this is the first time she's seen this process since she's been helping the council structure their fiscal budget.

"It's really nice to see people come to a public hearing, voice their concerns, and then have council make the appropriate modifications," she said.

According to Taylor, the majority of the funds for the bus service were taken from the money council had set aside for the possible purchase of the old El Rancho property from the State of Idaho.

* Council members voted to table issues regarding the annexing and zoning of property for Dan Weitz and Company, Inc. and the proposed Syringa Ridge Subdivision until the special council meeting tonight.

* By a vote of 2-1, a variance to the city's sign ordinance to allow Lamar Outdoor Advertising to relocate an existing billboard sign was denied by council members.

* The next regularly-scheduled city council meeting is set for September 11 at 6 p.m. in council's chambers.