STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

UNION GAP, WASHINGTON

NOTICE OF THREE (3) APPLICATIONS BY SELAH-MOXEE

IRRIGATION DISTRICT (SMID) OF MOXEE WASHINGTON TO:

   1. CHANGE PURPOSE OF USE AND PLACE OF USE UNDER WATER RIGHT NO. S4-84594-J;

   2. APPROPRIATE PUBLIC WATERS UNDER NEW MITIGATED

PERMIT S4-33241; and

   3. CHANGE POINTS OF DIVERSION UNDER WATER RIGHT

NO. S4-84595-J

TAKE NOTICE:

1. That on September 24, 2019, SMID filed change application No. CS4-84594-J with Department of Ecology (“Ecology”) to change the purpose of use and place of use under existing Water Right No. S4-84594-J.

The existing right is adjudicated certificate No. S4-84594-J, with a priority date of January 26, 1887, and authorizes the diversion of up to 38 cubic feet per second and 13,781.0 acre-feet per year from a diversion located within the SW¼NW¼ of Section 7, Township 13 North, Range 19 E.W.M.  This right authorizes water to be used for irrigation, frost protection, other agricultural purposes and stock water from April 1 to October 31 each year within the SMID service area, generally located in the East Selah, Terrace Heights, and Moxee area, as described and depicted in adjudication exhibits SMID 23 (A), (B) and (C) (together, the “SMID authorized place of use”).

SMID proposes to change the purpose of use to instream flow and mitigation purposes and place in the Washington Trust Water Right Program (“Trust”)and the place of use to the Yakima and Columbia Rivers commencing at the existing point of diversion within SW¼NW¼ of Section 7, Township 13 North, Range 19 E.W.M. and extending downstream in the Yakima River to its confluence with the Columbia River and within the Columbia River to the Pacific Ocean.

2. That on September 24, 2019, SMID under Application No. S4-33241, applied to Ecology to appropriate public waters, subject to existing rights, from three points of diversion at a combined withdrawal rate of 11.41 cubic feet per second, 3,278.8 acre-feet from April 1 to October 31 each year for the purposes of irrigation of 839.5 acres, frost protection and other agricultural purposes within the SMID authorized place of use.  

That the sources of the proposed appropriation are located within the SE¼ of Section 8, Township 14 North, Range 19 E.W.M.; SE¼ of Section 7; and N½ of Section 17, Township 13 North, Range 19 E.W.M., all in Yakima County, WA. The proposed appropriation will be fully mitigated by S4-84594-J, to be held in Trust under the change application described in Paragraph 1, above.

3. That on September 24, 2019, SMID filed change application No. CS4-84595-J with Ecology to change the point of diversion under existing Water Right No. S4-84595-J.

The existing right is adjudicated certificate No. S4-84595-J, with a priority date of May 10, 1905, and authorizes the diversion of up to 3.1 cubic feet per second and 959.4 acre-feet per year from a diversion located within the SW¼NW¼ of Section 7, Township 13 North, Range 19 E.W.M.  This right authorizes water to be used for irrigation and incidental domestic supply from April 1 to October 31 each year within the SMID authorized place of use.

SMID proposes to change the existing point of diversion to three points of diversion located as follows: 1) within SE¼ of Section 8, Township 14 North, Range 19 E.W.M.; 2) within SE¼ of Section 7, Township 13 North, Range 19 E.W.M.; and 3) within N½ of Section 17, Township 13 North, Range 19 E.W.M.; all in Yakima County, WA.

Protests or objections to approval of the above-described 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 $50 recording fee payable to the Department of Ecology, Cashiering Unit, PO Box 47611, Olympia WA  98504-7611, within 30 days from: March 22, 2020. (Pub. March 15 & 22, 2020)