Lower San Rafael River
Wildlife Management Area
Habitat Management P lan
Southeastern Region Habitat Section
February 2016
Utah Department of Natural Resources Division of Wildlife Resources TABLE OF CONTENTS
BACKGROUND INFORMATION 1
Property Description 1 Location... I Encumbrances...... 2 Minerals 4 Easements... 4 Grazing 5 Land Acquisition History 5 Historic Background...... 5 Purpose of UDWR Ownership 6 Conservation Partners Involved in Acquisition...... 6
PROPERTY INVENTORY 6 Existing Capital Improvements ...... 6 Roads 6 Fences 7 Facilities and Equipment ...... 7 Water Rights 7 Cultural Resources. 9 Important Fish and V/ildlife Habitats...... 9 General Conditions of Habitat. .12 Habitat Limitations l2 Habitat Threats ...... 13 Human Use Related Challenges...... t4 Adjacent Land Uses and Potential Impacts ...... 15
MANAGEMENT GOALS AND OBJECTIVES...... 15
STRATEGIES FOR PROPERTY MANAGEMENT t6 Development Activities ...... l6 Establish Property Boundary/Fence ...... l6 Sign Needs t6 Public Access...... t6 Annual Maintenance Activities ...... l7 Compatibility of Proposed Uses with Local Government PlanninglZoning Ordinances..lT
STRATEGIES FOR HABITAT MANAGEMENT l8 Habitat Improvement Plan...... 20 Access Management Plan...... 20 Fire Management P1an...... 2l TABLE OF CONTENTS (Continued)
ll V/ood Products 2l Livestock Ctrazing Plan ..... 2t
SUMMARY STATEMENT OF PROPOSED USES 22
MONITORING AND EVALUATION 22
ATTACHMENTS 22 I|i4ap# l. Location of Lower San Rafael River V/MA, Emery County, Utah...... 23 Map # 2. Lower San Rafael River WMA, Hatt Ranch Property... 24 Map # 3. Lower San Rafael River V/MA, Frenchman Ranch Property... 25 Map # 4. Lower San Rafael River'WMA, Chaffin Ranch Property.... 26
APPENDICES ...... 27 A. Agreement (Exhibit B to Correction Special V/arranty Deed)..... B. Correction Special Warranty Deed...... C. Memorandum of Understanding...... D. Water Rights Change Application Number 93-340 E. Bill of Sale...... F. Plans and Reports......
111 LOWER SAN RAFAEL RIVER
WILDLIFE MANAGEMENT AREA
HABITAT MANAGEMENT PLAN
BACKGROUND INFORMATION
Property Description
Location
The Lower San Rafael River'Wildlife Management Area (WMA) includes 4,060 acres located in Emery County, Utah (see Map # 1). It is comprised of three historic ranches, Hatt Ranch, Frenchman Ranch, and Chaffin Ranch, located along the San Rafael River south of I-70 near the confluence with the Green River.
Hatt Ranch is located three miles south of the intersection of I-70 with Highway 24.Itis approximately 13 air miles southwest of Green River, Utah. Access to Hatt Ranch is available via Highway 24 with interior access available using the abandoned highway. The Ranch is made up of several 40 acre parcels within the flood plain of the San Rafael River with a total approximated acreage of 841 acres. Elevation is 4,191 ft.
The Frenchman Ranch property is accessible from Highway 24 at apoint approximately %mile north of the entrance to Hatt Ranch on a gravel road. It consists of approximately 2,009 acres along the San Rafael River. The property is approximately 7 miles long with all parcels within% to 2 miles of the River. It is primarily flat, gently sloping river bottom property adjacent to rimrock, desert, and sand dunes. Elevation ranges from 4,140 ftto 4,250 ft.
Chaffin Ranch is more remote, located at the confluence of the San Rafael and Green Rivers. It is approximately 22 air miles south of Green River, Utah. Access is available along a graveled BLM road that runs south from the Green River airport road along the Green River. The ranch consists of roughly 1,210 acres with river frontage on both the Green and San Rafael rivers. Elevations range from 3,960 ftto 4,200 ft with mostly flat topography consisting of some rock outcroppings.
The legal description for the Hatt Ranch property is:
Township 22 South, Range 14 East, Salt Lake Base and Meridian
Section 27 E2NW4, SW4NW4, N2SV/4, SW4SV/4 Section 28 NE4SE4, SE4SE4 Section 33 SE4NE4, NE4NE4 Section 34 NV/4NW4, SW4NW4, SE4NW4, W2SW4, E2SV/4
1 Less Utah State Road Right of Way and the County Road Right of Way
Township 23 South, Range l4 East, Salt Lake Base and Meridian
Section 3 Lots 3 and 4, SE4NW4, NE4SV/4
The legal description for the Frenchman Ranch property is:
Township 23 South, Range 14 East, Salt Lake Base and Meridian
Section 14 SV/4NW4, SW4, SV/4SE4 Section 15 W2NE4, SE4NE4, NE4SE4 Section 23 NW4, W2NE4, SE4NE4, E2SW4, V/2SE4, SE4SE4 Section 25 NW4SW4, SW4NW4, NE4SV/4, SW4SW4 Section 26 E2NE4, NV/4NE4, SE4SE4 Section 35 E2NE4 Section 36 W2NW4, SE4NW4, SW4SV/4, E2SV/4
Township 24 South, Range 14 East, Salt Lake Base and Meridian
Section 1 E2NE4, SW4NE4, NE4SE4
Township 24 South, Range 15 East, Salt Lake Base and Meridian Section 6 SW4NE4, S2NE4, NE4SV/4 Section 7 NE4NE4 Section I W2NW4, SE4NW4
The legal description for the Chaffin Ranch property is:
Township 23 South, Range 16 East, Salt Lake Base and Meridian
Section 25 Lot2 Section 26 Lots2,3, and 4, NW4SE4 Section 27 S2N2, N2SW4, NV/4SE4, S2SE4 Section 28 E2NE4, SW4NE4, N2SE4, NE4SW4 Section 34 NW4NE4, S2NE4, N2SE4 Section 35 S2N2, N2SW4, NW4SE4
Encumbrances
PacifiCorp Energy (formerly Utah Power and Light Company, or UP&L) donated these ranches and two other properties along the San Rafael River to Utah Division of V/ildlife Resources (UDWR) in 1994, along with accompanying water rights and grazingpermits. UDWR is mandated by the transfer agreement with PacifiCorp to retain title to this property in perpetuity (See Appendix A-correction special warranty deed). An Agreement was made and executed upon the following conditions and covenants:
2 a Title to the property, except for title to that part of the Property located north of the San Rafael river, described as T. 20 S., R 9 E., SLB & M, Section 1: Lots 1, 2, SE ll4NE ll4, shall remain with UDV/R in perpetuity.
a UDWR shall abstain from demanding PacifiCorp limit use of, or abstain from using, or release from storage, water owned or controlled by PacifiCorp.
a UDWR shall abstain from demanding Pacif,rCorp limit use of, or abstain from using, or release from storage, water owned or controlled by PacifrCorp for the purpose of improving the quality of or mitigating the chemical or biological condition of the water making up the Property Water Rights.
a UDV/R shall not initiate, prosecute, maintain or voluntarily aid any action or other proceeding against PacifiCorp based on PacifiCorp's impairment of quality or quantity of the Property'Water Rights caused, or alleged to be caused, by PacifiCorp's usual and customary use of water upstream at PacifiCorp's Hunter and Huntington steam electric generating plants.
O UDWR shall use its best efforts to maintain the Property V/ater Rights by using them with such frequency or regularity as to avoid their loss by forfeiture or abandonment.
a Only at such time as the Director of the Division of V/ater Rights issues a final Memorandum Decision and Order approving use of that portion of the Property Water Rights descried in Application No. a17629 for instream flow, the Division shall thereafter:
o Abstain from demanding any water user owning a perfected and valid water right with a point of diversion and place of use upstream of the Property Water Rights to limit use of, or abstain from using, or release from storage, water which would otherwise supply said Upstream Water Right to supply the Property Water Rights
o Abstain from demanding any upstream water Right user to limit use of, or abstain from using, or release from storage, water to improve the quality of or mitigate the chemical or biological condition of the water making up the Property Water Rights.
a UDWR will continue to use that part of the property water rights not approved for instream flow use in an authorized manner for the benefit of wildlife, recreation and the property, including, but not limited to, irrigation. a For any of the property water rights not approved for instream flow use, UDV/R agrees to file with Pacif,rcorp annual reports indicating use of the property water rights. o UDWR agrees to evaluate and protest any new application to appropriate water between the highest point of diversion of the property water rights and the confluence of the San
J Rafael River with the Green River, and to take any further action UDWR deems necessary to protect the property water rights on such new application after consultation with PacihCo.p, unless otherwise agreed to between UDWR and PacifiCorp at the time said new application is hled.
PacifiCorp will make available to UDV/R at its expense its records, personnel, and other expertise to support UDV/R's change application and in any other judicial or administrative proceeding relating to the property water rights.
a Upon UDWR's request, PacifiCorp will make its personnel and records available at PacifiCorp's expense to defend the validity and use of the property water rights in the adjudication of the San Rafael River or in any other administrative or judicial proceeding relating to the property water rights. Each party agrees to use its best efforts to defend the validity and continued use of the property water rights in the adjudication of the San Rafael River.
Minerals
No mineral rights were transferred to Utah Division of Wildlife Resources in this transaction according to the Correction Special Warranty Deed (See Appendix B).
Water Riehts
The Utah Division of V/ildlife Resources was deeded water rights in the correction special warranty deed executed on June 8, 1994.The Division of Wildlife Resources would protect water rights for continued operation of upstream electric generating plants. The water rights were changed for the nature of use to be in-stream flows for wildlife and recreational purposes, with the option for inigation if preferred. This change was filed on October 20, 1993 and it was approved. Water rights are subject to the memorandum of understanding between PacifiCorp and the Division of Wildlife Resources superseded by the correction special warranty deed
Easements
The only easements identified in the legal description of the deed were a state and county road right-of-way in T 22S R 14E.
Roads
A right-of-way for State Highway 24 traverses the central portion of Hatt Ranch. This right-of- way is estimated to be 4,600' long by 100' wide occupying approximately 10.56 acres. The old highway right-oÊway which ran through the ranch has reportedly been abandoned, but no deed has been conveyed.
A county right-of-way is established on BLM lands on a road system known as Gillies Ranch to Horse Bench and Gillies Ranch (Frenchman's) roads. The ROW for the BLM lands is for a width ranging of 20-28 feet with drainage features ranging up to 8 feet in length. There is no
4 known ROW for the portions of this road that cross the WMA. However, the DWR will work with the county on maintenance activities.
Grazing
Grazing is addressed here as an encumbrance due to the nature of the WMA in relation to the surrounding BLM. All properties (Hatt, Frenchman, and Chaff,rn) consist mostly of 40 acre parcels lining the flood plain of the San Rafael and Green rivers. These small parcels are surrounded mostly by BLM and SITLA (School and Institutional Trust Lands Administration) lands and grazing allotments. Without a lot of fencing and fence maintenance cattle grazing is difficult to control. Emery County is a "fence in" county by default, since they have never formally adopted a fencing ordinance. Unless a county adopts a fencing ordinance that specifies otherwise, their fencing policy defaults to state statute which essentially is "fence in" meaning that livestock owners have the responsibility to keep their livestock off neighbor's property.
Land Acquisition History
Acquisition Dates
All rights, title and interest to the property were sold and conveyed from PacifiCorp to the Utah Division of Wildlife Resources on May 3,1994.
Previous Owners
PacihCorp, previously Utah Power and Light, purchased the three ranch properties in the late 70's and early 80's. Prior owners were ranchers and cattlemen.
Mechanism of Purchase
PacifiCorp acquired the Property in connection with its construction and operation of its Hunter and Huntington stream electric generating plants located in Emery County, Utah. PacifiCorp then donated the property to the Utah Division of Wildlife Resources subject to terms and covenants as outlined in the Agreement on Exhibit B to the Correction Special Warranty Deed (1994).
Historic Uses of the WMA
That Hatt Ranch was purchased by Utah Power and Light in 1979-1980 for its water rights so that they could be used for the Hunter Power Plant in Castle Dale, Utah. The property was then leased back to the Hatt's who converted the historically operated year-round cattle ranch to a game bird farm and hunting club.
The Frenchman Ranch property was originally owned by three different sources, Moore Land and Livestock, Rey Lloyd and LuJuan Hatt, and George and Ruth Graham. Utah Power and Light purchased the property from these sources in 1979 for the water rights in order for UP&L to use the water at the Hunter Power Plant. The three properties had historically been used for agriculture, specifically beef cattle production.
5 Utah Power and Light purchased the Chaffrn Ranch from George and Ruth Graham in 1979 for water rights that could be used at the Hunter Power Plant. The property had historically been used by the OX cattle company.
Purpose of UDWR Ownership
UDWR accepted this donation due to the inherent fish and wildlife value associated with the five San Rafael properties and their associated recreation and hunter access values. UDWR ownership can also protect the water rights from forfeiture or abandonment with instream flow rights, which will also prove benef,rcial to indigenous fishes of the San Rafael River, some of which are federally listed as threatened or endangered and protected under the Endangered Species Act of 1973.
Conservation Partners Involved in Acquisition
Utah Power and Light Company (now PacihCorp Energy) donated this property to UDWR.
PROPERTY INVENTORY
Existing Capital Improvements
Roads
The San Rafael Valley Road spur, and Shadscale Mesa/reef Road go through the northern portion of Hatt Ranch eventually connecting to county road 1028 (Hatt Ranch Bypass) toward the reef at rattlesnake flat creek. The Hatt Ranch Road leaves the property to the north to Shadscale Mesa. The Hatt Ranch Road also cuts through the western end of the property and returns toHighway 24.
The Frenchman Road (also known as Horse Bench or Gillis Ranch Road) leads to the Frenchman Ranch. This road travels in and out of the WMA until it splits off toward Horse Bench in T 23 S R l4 E Section 25. The Gillis Ranch Road continues southeast through the Frenchman Ranch on the northeast side of the river. This road continues through the southeastern most end of the property, however, this road gets really rough inT24 S R l5 S 6. The Lower Cottonwood Wash Road enters the property in the SW4NE4 of T 24 S R 14 E Section 1 on the southwestern side of the river.
Access to the Chaffrn Ranch is easiest along the Lower San Rafael Road. Entering the property, the Chaffin Ranch Road runs along the southemmost end of the Chaffin Ranch. This road splits into the North Chaffin Ranch Road (4WD) which heads north eventually to the Green River, and the Green River/Lower SR River Road which ends at the San Rafael River in the NW4SE4 T23 R16S35.
Fences
6 A majority of the property remains unfenced due to the difhculty of fencing checkerboard parcels near the San Rafael River corridor. Fencing exists near an old cabin on the property (T 23S R 14E S 14)andneartheGilesRanchandFrenchmanCabin(T23 SR 14E S 25,T23SR 14E S 36). These fences are maintained as needed. Additionally, there is an increasing effort to erect fencing for the purpose of protecting cottonwood galleries from grazing on the property. Priority areas for fencing cottonwood galleries includes approximately 110 acres in T 23S R 14 E 53, 330 acres south of the Frenchman Cabin, and a 165 acres near the Chaffin Ranch in T 23S R l6E S 3s.
Facilities and Equipment
At Hatt Ranch there are a number of improvements on the property including a ranch house, outbuildings, sheds and pens used for raising pheasants, fuel and water storage tanks, etc. However, according to the deed between Hatt and UP&L, only the fences, gates, and corrals remain with the land. The cabin, ranch house, and other buildings, sheds, and pens for the raising of pheasants or game birds were not included in the transaction.
Structural improvements on the Frenchman Ranch property are modest and are in poor to fair condition. Fencing, corrals, sheds, and outbuildings are in fair condition. Building improvements in section 36 are fully depreciated. Equipment associated with the Frenchman Ranch property includes a 4 cylinder diesel powered pump with a Detroit 453 engine, and Berkeley Model No. B1OQBN-I pump. The engine and pump are mounted on a steel-frame and are accompanied by a fuel tank, radiator, and hardware.
There are no facilities at Chaffin Ranch; however, there is fencing along the portion of the property that was previously inigated as well as along the southerly property line in Sections 34 and 35. Equipment includes a 4 cylinder Detroit 453 engine (model number 50437201serial number 50437201) and a Gorman Rupp.pump. They are mounted on a steel frame with an accompanying fuel tank, radiator, and hardware.
Water Rights
V/ater rights on the property deeded to the Division of V/ildlife Resources from PacifiCorp were changed to in-stream flow (change application number aI7269, see Appendix D) with an option for irrigation in 1993. The change was subject to the MOU between PacifiCorp and the DWR. This MOU includes a covenant prohibiting the DWR from making a call on the water rights transferred to it as part of the property by subordinating the water rights to all valid upstream water rights. A combination of all water rights (including those on the Upper San Rafael WMA) may be used for inigation from March 1-November 30 on92l.l2 acres, stock watering from January 1-December 31 for 2452Equivalent Livestock Units (ELUs), and instream flow from January 1- December 31. Total flow is 38.453 cfs. In-stream flow water rights allow water to remain in the San Rafael River where it can be maximizedfo beneht fish and wildlife without jeopardizing water rights.
7 Water rights associated with Hatt Ranch include eight diligence claims on the San Rafael River for a total of 7 .5 cfs with a priority date of 1893. The combined water rights allow for year-round stock water for 812 ELUs and irrigation from April through October on 358.5 acres.
Water rights associated with the Frenchman Ranch property include three diligence claims and one certified water right on the San Rafael River for a total of 22.66 cfs with priority dates of 1887, 1900, and 1918. The combined water rights allow for year-round stock water for 205 ELUs, and inigation on 182.05 acres for a period of use from April 1 to October 3 1 . Additionally there are two applications to appropriate water rights for 4.73 acre-feet which allow irrigation on 1 .I 825 acres for wildlife propagation and to maintain stock water for A5.34 ELUs.
Water rights associated with Chaffin Ranch include one diligence claim and one certified water right on the San Rafael River for a total of L32 cfs with priority dates of 1885 and 1972. The combined water rights allow for inigation on 56.56 acres and stock water for a total of 200 ELUs from April 1 to October 31.
The water rights on the Lower San Rafael WMA were defined as the following in the Memorandum of Understanding between PacifiCorp and the UDWR; excluding rights 93-3376 and93-3777 which were approved in January 2016.
Priority Date Water Right Flow (cfs)
Hatt Ranch-San Rafael River
3-l l-1893 93-973 Diligence 45% 7.50 93 -97 4 Diligence 17 o/o, 93-975 Diligence 38%
Frenchman Ranch-San Rafael River
1 887 93-340 Diligence 15.00 1 887 93-341Diligence 4.00 1900 93-667 D3345 2.00 4-23-t918 93-941 (A77 0s) Cert. 1047 r.66 lt-12-2015 93-3776 4.73 acre-feet tt-12-2015 93-3777 4.73 acre-feet
Chaffin Ranch- San Rafael River
I 88s 93-1152 Diligence 1.00 10-30-1972 93-1158 (441911) Cert. #13076 0.32
8 Cultural Resources
The property consists of several historical ranches with archaeological sites recorded near the Hatt Ranch, the old cabin, and the Frenchman Cabins. Sites contain materials for ranching, farming, and agriculture from as early as 1900. There are also areas containing debitug" und tools as well as Fremont petroglyph panels on the property. Site presence on the southern and southeastern blocks of the property is unknown and has not been surveyed.
Important Fish and tüildlife Habitats
Utah Action Plan
The2015-2025 edition of the Utah Wildlife Action Plan (\I/AP) was created with the express purpose and goal of managing native wildlife species and their habitats to help prevent listings under the Endangered Species Act. To help achieve this goal, the WAP provides a statewide approach for the partnership-based, coordinated planning and implementation of wildlife and habitat conservation practices. The V/AP addresses the following elements:
. Conservation targets: Species of Greatest Conservation Need (SGCN), and those species' key habitats. Information about the status and distribution of these species. Informãtion about the location and condition of these key habitats. . Threats and limiting factors facing these species and habitats, and research required to help managers more effectively address these problems. Threats are measured and prioritized on a statewide basis, based on how many targets they impact, and how badly. . Conservation actions required to abate the highest-priority threats, and improve the supply of these limiting factors. . Monitoring the status of these targets, and in particular the effectiveness of these actions. . Approaches for including the public, partners, and stakeholders, in consideration of the mission and authority of partners. . Provisions for coordinating the WAP with other natural resource management plans.
The San Rafael Desert contains habitat for 17 of the 141 SGCN species identified in the plan. These species are ranked using state and national NatureServe ranks. The most likely species to occur within the WMA are six native fish species. Three endangered species have been documented in the San Rafael River including the federally protected Colorado pikeminnow (Ptychocheilus lucius) S3/¡{1, rczorback sucker (Xyrauchen texanus) S2lfll, and bonytail (Gila elegans) S l/|{1. Three additional state sensitive hsh species found in the river, known collectively as the three species, are the flannelmouth sucker (Catostomus latipinnis) S3À{4, the bluehead sucker (Catostomus discobolus) S3A.ü4, and the roundtail chub (Gita robusta) S2l¡{3. Providing and protecting habitat for these native fish is a primary focus of this V/MA. Other SGCN that may occur within the WMA include Great Plains Toad, (Anaxyrus cognatus), Northern Leopard Frog (Lithobates pipiens), Bald Eagle (Haliøeetus leucocephaløs), Black Rosy Finch (Leucosticte atrata), Burrowing OwL (Athene cunicularia), Golden Eagle (Aquita chrysaetos), Peregrine Falcon (Falco peregrines), Western Yellow-billed Cuckoo (Coccyzus
9 americanus), Kit Fox (Vulpes macrotis) and Townsend's Big-eared Bat (Corynorhinus townsendii).
The Wildlife Action Plan identifies l3 key wildlife habitats in Utah. Three of these habitats exist in the Lower San Rafael; Terrestrial-desert grassland, Aquatic-scrub/shrub, and riverine. Desert grassland habitat occurs on just 0.6% of the state surface areain the inter-mountain basins semi- desert grassland biophysical setting. The current condition is an over dominance of shrubs (there is a large deficit in mid-age herbaceous grass and a surplus of older class moderate to high shrub coverage), soil compaction, invasion by non-native grasses and forbs, and disruption of the f,rre regime. Aquatic scrub/shrub habitats occur on just 0.10% of the state surface area. These habitats are characterized by woody vegetation less than 6 meters in height and can include areas adjacent to lotic systems dominated by woody vegetation. Riverine habitats occur on0.22Yo of the state surface area and include perennial streams.
Desert streams and their associated habitat provide a valuable water source and riparian sanctuary for many different terrestrial and aquatic species. The surrounding upland area is a semi-arid, cold desert, with sparse shadscale/greasewood vegetation. Common San Rafael desert wildlife species identified in the Fauna of Southeastern, Utah include:
Amphibians great basin spadefoot American goldhnch black-throated sparrow great plains toad American kestrel (summer) northern leopard frog American robin blue grosbeak (summer) red-spotted toad American wigeon (summer) blue-gray gnatcatcher tiger salamander ash-throated flycatcher* * (summer)** woodhouse's toad (summer) brewer's blackbird bald eagle (winter) * brewer's sparrow** Reptiles bank swallow (migrant) broad-tailed hummingbird collared lizard barn owl (migrant) eastern fence lizard barn swallow (summer) * * brown-headed cowbird long-nosed leopard lizard bewick's wren Bullock's oriole night snake black rosy-finch (winter) bushtit pine snake black-billed magpie California gull (migrant) sagebrush lizard black-capped chickadee Canada goose short-hornedlizard (winter) canyon wTen striped whipsnake black-chinned hummingbird cedar waxwing (winter) tree lizard (summer)** common yellowthroat (summer) western whiptail black-crowned night heron Cooper's hawk westem terrestrial garter snake (summer) loggerhead shrike western rattlesnake black-headed grosbeak chipping spaffow (migrant) (summer)** chukar** Birds black-necked stilt cinnamon teal (summer) American avocet (migrant) black-throated gray warbler clifßwallow (summer)* * American coot (migrant)
10 commonnighthawk(summer) northernrough-winged western wood-peewee common poorwill (summer) swallow (migrant) (summer) common raven** northern shoveler(summer) white-breasted nuthatch cordilleran flycatcher (migrant) osprey (migrant) (winter) dark-eyed junco (winter) peregrine falcon* white-faced ibis (summer) downy woodpecker (winter) pinyon jay whitethroated swift (summer) dusky flycatcher (summer) plumbeous vireo (summer) wild turkey (limited) eastern kingbird (summer) prairie falcon willow flycatcher (migrant)* * Eurasian collared dove pygmy owl (winter) Wilson's phalarope (summer) European starling red-breasted nuthatch (winter) Vy'ilson's snipe evening grosbeak (winter) redhead (summer) Wilson's warbler (summer) franklin's gull (summer) red-tailed hawk V/ood duck gadwall (summer) red-winged blackbird** yellow warbler (summer)* * golden eagle ring-billed gull (migrant) yellow-bellied sapsucker gray catbird (summer) ring-necked duck (winter) (migrant) gray-crowned rosy finch ring-necked pheasant yellow-breasted chat (summer) (winter) rock dove yellow-headed blackbird gray flycatcher (summer) rock wren** (summer) great blue heron rough-legged hawk (winter) yellow-rumped warbler great egret (transient) ruby-crowned kinglet (winter) (transient) great horned owl ruddy duck (summer) green-tailed towhee (migrant) rufous hummingbird (migrant) Mammals green-winged teal (summer) sage thrasher (summer) hairy woodpecker savannah sparrow (migrant) badger hermit thrush (migran) say's phoebe** beaver horned lark scrub jay big brown bat house finch** sharp-shinned hawk (winter) bighorn sheep (rare) house sparrow** snowy egret (summer) black-tailed j ackrabbit house wren (migrant)** song sparow bobcat killdeer spotted sandpiper botta's pocket gopher lark sparrow (summer)** Stellar's jay (winter) Br azilian fre e -tai I e d b at lazuli bunting (summer) Townsend's solitaire (winter) brush mouse lesser goldfinch tree swallow (summer) bushy-tailed woodrat lesser nighthawk (summer) tree swallow (summer) California myotis lesser yellowlegs (transient) turkey vulture (summer) canyon bat long-eared owl vesper sparrow (summer) canyon mouse MacGillivray's warbler violet-green swallow cliff chipmunk (migrant) (summer)** cougar mallard** Virginia rail coyote mountain bluebird Virginia's warbler (migrant) deer mouse mountain chickadee (winter) warbling vireo (summer) desert cottontail mourning dove (summer)** water pipit (migrant) desert shrew northern flicker western kingbird (summer)** desert woodrat northern harrier western meadowlark** gray fox northern mockingbird western screech owl great basin pocket mouse northern pintail (summer) western tanager (migrant) house mouse
l1 kit fox northem raccoon rock squirrel least chipmunk Norway rat spotted bat long-tailed vole ord's kangaroo rat spotted skunk long-tailed weasel pallid bat striped skunk meadow vole pinyon mouse Townsend's big-eared bat mule deer plains pocket mouse western harvest mouse muskrat porcupine western small-footed myotis northern grasshopper mouse pronghorn white-tailed antelope squirrel northern pocket gopher ringtail Yuma myotis
*High interest because of economic, aesthetic, educational, scientific, or ecological value **Birds observed atHatt Ranch using Partners in Flight protocol
General Conditions of Habitat
Habitat Limitations
Aquatic
The condition of the lower San Rafael River has been degraded from altered flow regimes and non-native vegetation encroachment. This has resulted in habitat loss for the native fish species occupying the river. Riparian habitat associated with the river has been dominated with thick stands of tamarisk and Russian olive and recruitment of native vegetation is low. Tamarisk shades out other vegetation and competes for soil moisture. Crowding out of native vegetation, particularly cottonwood trees, has resulted in less large wood and debris accumulating in the river reducing habitat complexity from pools, backwater, and cover. Tamarisk also grows on sand bars within the river and traps sediment eventually narrowing and deepening the channel which reduces the rivers ability to carry large flows and flood waters. However, tamarisk removal projects between 2008-2010, combined with heavy flooding in 2011, have resulted in positive changes including: channel recontouring/widening, increases to in-stream habitat complexity and native vegetation recruitment and establishment.
The San Rafael River is one of the most perturbed ecosystems in the state and is currently on the 303D list of degraded waters due to high concentrations of total dissolved solids as a result of return flow over salty soils.
Non-native fish in the San Rafael River including, red shiner, sand shiner, fathead minnow, common carp, black bullhead, and channel catfish threaten aquatic life and habitat predation and competition. Small bodied fish such as red shiner have been shown to be highly predacious in the San Rafael River, giving them the ability to impact native fish population by feeding on eggs and larvae. Channel catfish in the San Rafael River are large enough to prey upon adult and juvenile native fish through predation and competition.
A combination of non-native species, occasional drying andfreezing of the river, temperature extremes, and low habitat quality are all limiting to native fish survival.
t2 Terrestrial
Lowland riparian habitats, in general, consisting of native cottonwood and willow communities are a key habitat supporting a high diversity of birds. Colonization of these habitats with non- native species has reduced the overall diversity and abundance of birds. Beaver may also be restricted due to a lack of desirable forage. Beaver are important to native hsh species in the San Rafael River because they accumulate woody material creating scour pools and backwaters. Beaver ponds also trap sediment and maintain groundwater level during dry periods.
Upland habitats are limited by low precipitation, shallow rooting depth, and excess salt and sodium which make restoration difficult. These habitats are susceptible to annual weed invasion from species such as annual kochia, cheatgrass, halogeton, and Russian thistle. At this time, spotted knapweed is not at problem on the property; however introductions are likely due to its prevalence in surrounding drainages. Perennial grasses tend to decrease with overgrczing allowing shrubs like greasewood and shadscale to dominate. rWild bunos are increasing in presence in the San Rafael desert. Overgrazing by burros can lead to soil compaction and competition with mule deer, pronghorn, and bighorn sheep for forage, water, and space. Upland habitats are currently missing a food component for upland game birds including pheasant, chukar, and turkey.
Habitat Threats
The V/ildlife Action Plan lists specific threats to key habitats throughout the state of Utah. The priority threats to desert grassland include inappropriate fire frequency and intensity, OHV motorized recreation, invasive plant species (non-native), current improper grazing, and housing and urban areas (although this does not apply to the V/MA). Strategies to mitigate these threats include allowing fire to return to a more natural regime, reducing inappropriate grazingby domestic livestock and wildlife, reducing the spread and dominance of invasive weeds and annual grasses, and developing plant materials suited to the habitat.
Scrub/Shrub aquatic habitats are threatened by sediment transport imbalance, roads, current improper grazing, channelization and bank alteration, dam/reservoir operation, inappropriate fire frequency and intensity, droughts, water allocation policies, housing and urban areas, agricultural/municipal/industrial water usage, and non-native invasive plant species. Improving condition in this habitat may include maintaining and restoring natural water and sediment flow regimes, reducing inappropriate grazingby domestic livestock and wildlife, reducing inappropriate siting of roads in riparian zones, reducing inappropriate residential and commercial development in floodplains, and reducing the spread and dominance of invasive weeds.
Riverine habitats experience similar threats as aquatic scrub/shrub including presence of dams, sediment transport and imbalance, roads, current improper grazing, channelization/bank alteration, presence of diversions, dam/reservoir operation, inappropriate f,rre frequency and intensity, droughts, water allocation policies, housing and urban areas, agricultural/municipaliindustrial water usage, and non-native invasive plant species. Effective strategies to reduce these threats are maintaining and restoring a more natural hydrograph and sediment regimes, reducing inappropriate grazingby domestic livestock and wildlife, reducing
l3 inappropriate siting of roads in riparian zones, reducing residential and commercial development in floodplains, and using appropriate methods to reduce the spread and dominance of invasive weeds.
The following specihc threats have been identified within the San Rafael River drainage; dewatering of streams, sedimentation, lack of stream cover and shade, insufhcient stream depth and lack of habitat complexity (pools, riffles, backwaters), undesirable fish migration barriers in streams, high stream temperatures, pollution, and turbidity. Dewatering of large sections of the river is one of the major impacts with almost 50 percent of the total length of the San Rafael River being dewatered during certain years. Nutrient and sediment loading also threaten the San Rafael River. Upstream farms have increased fertilizers and nutrients running into the river which can cause microscopic plants to grow too fast and cloud out sunlight critical for maintaining life underwater. Local agricultural practices have transitioned from flood irrigation to pressurized sprinkler systems which will help with management of soil and sediment reaching the river; however this practice has reduced overall river flows. Improper livestock grazing has impacted the river through bank sloughing and increased erosion; grazing impacts could be improved with better management including fencing off critical areas and providing off-stream water facilities. Burro populations within the San Rafael River are expanding. Burros are found nearest to Hatt's Ranch and could follow the San Rafael River corridor to the Green River. Burro expansion could lead to overgrazing, soil compaction, and competition with mule deer, pronghorn, and bighorn sheep for forage, water, and space; burros also pollute water sources making them unusable for wildlife.
Human Use Related Challenges
Water use is the main human-use related challenge on the San Rafael River. A diversion dam on the Hatt Ranch currently is a barrier to upstream fish passage. The diversion is in place to supply flood inigation to the Hatt Ranch property. The diversion however, also keeps non-native fish from traveling upstream in the river. Dikes and levees, as well has highway crossings have also resulted in channel straightening near Hatt Ranch.
Dissolved solids threaten the San Rafael River and are increased as a result of irrigation practices. The Natural Resources Conservation Service (NIRCS), and Bureau of Reclamation (BOR) have made efforts to convert cropland inigation from flood irrigation to pressurized pipe sprinkler inigation to reduce salt loads in the river.
Cattle grazing also occurs on allotments surrounding the WMA. Livestock frequently trespass on the property and grazing occurs on the floodplain and along the banks of the river. Much of the WMA is made up of small 4}-acre parcels with along the riparian corridor which makes fencing diffrcult.
Some off high-way vehicle use and other recreational uses occur in the area.
t4 Adjacent Land Uses and Potential Impacts
A portion of the WMA, on Hatt Ranch, is leased for a pheasant hunting facility. Water rights are used to inigate fields necessary to provide upland game habitat.
The San Rafael River BLM grazing allotment borders the WMA. It is currently permitted for 2,868 AUM's for 309 cattle from October 1-April l5th, effective until February 28,2024. The grazing levels on key forage species (Indian ricegrass, needle and thread grass, and winterfat) must not exceed 35 percent in the spring (March l-April l5) and must not exceed 50 percent in the fall and winter (October l-Februaryt 28).
The Russian olive has been listed as a noxious weed in Emery County, and the county has been actively removing Russian olive trees along the San Rafael River.
The BLM is currently implementing a large ecological restoration project on the San Rafael River. The project will aim to restore and recover more natural channel processes to maintain fish habitat and native riparian vegetation.
MANAGEMENT GOALS AND OBJECTIVES
The acquisition and management of this property is consistent with the resource goal outlined in UDWR's Strategic Plan which follows:
Resource Goal: Expand wildlife populations and conserve sensitive species by protecting and improving wildlife habitat.
Objective l: Protect existing wildlife habitat and improve 500,000 acres of critical habitats and watersheds throughout the state.
Objective 2: Increase fish and game populations to meet management plan objectives, and expand quality fishing and hunting opportunities.
Objective 3: Conserve sensitive species to prevent them from becoming listed as threatened or endangered.
Constituency goals outlined in UDWR's Strategic Plan are as follows
Constituency Goal: Achieve broad-based support for division programs and budgets by demonstrating the value of wildlife to all citizens of Utah.
Objective l: Increase public awareness of wildlife as a quality-of-life issue in order to expand our support base and achieve stable funding.
Objective 2: Improve communications with wildlife organizations, public ofhcials, private landowners and government agencies to obtain support for division programs.
15 Objective 3: Expand programs to recruit and retain young hunters, anglers and wildlife watchers.
The Lower San Rafael WMA will be managed to increase its functionality, appeal, availability and use by all fish and wildlife species. Habitat management will be consistent with sound ecological principles and wise land use practices.
STRATEGIES FOR PROPERTY MANAGEMENT
Development Activities
Establish Boundary/Fence
The three properties would be difficult and costly to survey professionally or fence due to the checker-board nature of the parcels. However, this remains an option if cattle grazing the property result in a detriment to the San Rafael River.
Sign Needs
Signs identifring access to the Frenchman Ranch property are needed off of Highway 24 and to the Chaffin property from Green River. A large kiosk identifying the property boundary as well as allowed activities on the Property would be beneficial to the visiting public.
Small boundary signs could be placed along the borders of the three properties, and on areas where roads enter or leave the property.
Signs reminding people that certified weed free hay is required would help reduce weed introduction to the \MMA.
Public Access
Public access is provided to all classes of vehicles to the Hatt Ranch by way of Highway 24 through the old highway ROW, known as the Hatt Ranch Road. The Frenchman Road leads to the Frenchman Ranch property, and the Gillis Ranch Road continues down river through the property before becoming really rough. The road is accessible to all vehicles through most of the Frenchman property but eventually turns into an OHV only trail, however, storm events have made this road impassable at times. Access to Chaffin Ranch is available to all vehicles along the Lower San Rafael Road coming south out of Green River. Four-wheel drive vehicles are required on the North Chaff,rn Ranch road that leads to the Green River. No seasonal restrictions are in effect. The summer rain storms are magnificent to watch, however keep in mind that roads may become impassable after rainstorms, use caution when travelling the area when rain is likely.
t6 Property access is managed according to Administrative Rule R657-28, Use of Division Lands No developed recreation opportunities exist on the V/MA. There are no trash collection bins, restrooms, potable water, or fire pits on site. The property is open to hunting, hiking, horseback riding/packing, primitive camping, and river running. Mountain biking and OHV use is allowed on the county roads through the property. Horse travel is allowed on the WMA but certified weed-free hay is required. Corrals may not be used for holding facilities. The property provides hunting opportunities (see below for restrictions on Hatt Ranch) for deer, pronghorn, pheasant, and rabbit with the potential for turkey and mountain lion. Pheasants have been released since 2013 for increased upland game opportunity. Wildlife viewing opportunities are available for migratory birds, small predators, reptiles, amphibians, and bats. One species of interest to birders is the Lesser Nighthawk. An active geyser can be easily viewed at Chaffrn ranch. Two historic cabin structures remain on the Frenchman Ranch property.
The Hatt Ranch property is closed to rifle hunting, but open for archery andmuzzleloader for deer hunting prior to October 1't. Turkey hunting is open to the public after April 1't. The Hatt Ranch property is closed to the general public for pheasant/chukar hunting due to a private hunting lease on the Property. However, the lessor of the property agrees to allow and provide services for two youth hunts (one chukar, one pheasant) on two Saturdays each year. The Hatt Ranch is the DWR property bisected by SR 24 (Map #2). The Frenchman Ranch (Map #3) and Chaffin Ranch (Map #4) properties do not have the restrictions listed above.
Annual Maintenance Activities
Assessments by Division personnel will be made annually, and a maintenance budget will be requested for the following types of activities. o Fences will be maintained annually to ensure pastures are maintained and cottonwood galleries are protected. Division personnel, leasees/permittees, and dedicated hunters will be the primary means for maintaining fences. o Access roads will be monitored annually and maintenance will be conducted as needed to keep them passable and safe for the public. Roads and other rights-of-way that are administered by other parties (e.g. county) will be maintained by those parties. The Division will coordinate with local entities to resolve access issues. o Signs will be inspected and replaced as needed. o Noxious weeds will be inventoried and sprayed by Division personnel and a seasonal weed crew, as required by state law. Herbicides used near waterways will be reported annually to appropriate agencies. Care will be taken to limit opportunities for noxious weed introduction, and any hay used by visitors, hunters or livestock-men must be certified weed free. The Division participates in the Skyline Cooperative Weed Management Area to plan and coordinate noxious weed activities on the WMAs and surrounding lands.
Compatibility of Proposed Uses with Local Government Planning and ZoningOrdinances
The WMA is zoned Mining, Grazing, and Recreation (MF&R-l) under Emery County Zoning Regulations.
t7 Declaration of Legislative Intent
The MG&R-I Mining, Grazing and Recreation zone generally covers the dry mountain and desert areas of the County. Because of the limitations imposed by climate, topography, soil capability, inadequate water supply, and the presence of economically significant mineral deposits, this area has historically been utilized as a place for the grazing of livestock on the open range and as the location of numerous mining and mineral exploration sites. The peculiar characteristics and conditions present in this area make the land most appropriately suited for a continuation of these uses. However, because of the relatively fragile balance of nature in the area, all permitted activities must be carried out in a manner consistent with the limitations of the environment.
The most recent building and zoning articles can be found at http //www. emerycounty.com/b&,zl index.htm
The website was accessed December 30,2014 and at the time the Lower San Rafael WMA was compatible with Emery County's Zoning Ordinances.
STRATEGIES FOR HABITAT MANAGEMENT
San Rafael Drainase Manasement Plan- Hydoloeic Unit 14060009 (Appendix F)
Colorado Pikeminnow, roundtail chub, flannelmouth sucker, and bluehead sucker need special protection from factors which threaten their existence.
Objectives are to maintain or enhance populations of these species as well as maintain populations of other native, non-sport fish species. Strategies for maintaining or enhancing these populations include:
. Work with local, state, and federal authorizes to improve habitat in the lower drainage, specifically the removal of tamarisk \ o Analyze impacts from resource development proposals and mitigate adverse effects o Encourage private landowners to manage lands to maintain and improve habitat o Secure and enhance stream flows so adequate habitat is provided year-round o Increase information availability to interested parties through written reports . Conduct research to fill information gaps o Foster public involvement, ownership, and education o Facilitating native vegetation establishment within tamarisk removal areas by continuing to control non-natives using herbicide treatments
In addition to fish, there are also strategies and objectives to attain more information about the amphibians and reptiles that are within the San Rafael River drainage.
nit Plan for Deer Herd Unif # 12 an
18 The management plan sets a target objective of 1000 wintering mule deer for this unit; however the population is not directly monitored or modeled and the population is not estimated because deer cannot be reliably found and classified in natural habitat. This population often concentrates within agricultural corridors which provide food, water, and cover to deer. Limiting factors for this deer herd are identified as:
o Habitat - Very limited year-round habitat exists for deer on this unit and the majority of deer are on private land . Crop Depredation - minimizedas prescribed by state law and DWR policy o Predation- managed by DWR predator management policy o Highway Mortality
Habitat management objectives are described as:
o The focus of habitat projects in the unit will be toward desert bighom sheep habitat in high priority areas o Habitat protection through use of agreements o Implement habitat management plans developed for wildlife management areas o Develop access management plans for habitat protection and escape or security areas
Mule deer habitat on the WMA is considered yearJong substantial. Use by mule deer occurs in the riparian corridor.
Pronshorn Herd Unit Manasement Plan for Herd Unit #12 (SanRafael)
The management plan sets atarget objective of 1200 total pronghom on this unit with a population estimate of 1279 in 2015. Of that, the San Rafael Desert subunit estimate was236 Limiting factors are identified as:
o Predation (coyotes) o Habitat o Depredation loss o Oil/Gas Development - shrinking and fragmented habitat due to well pad placement, associated roads, pipelines, etc.
Habitat management strategies are described as:
Water development - construct guzzlers and ponds to distribute pronghorn over larger areas a Vegetation management - support and encourage improved livestock grazingpractices and season of use in an effort to improve the range for pronghorn and livestock
Pronghorn habitat on the WMA is considered year-long substantial.
t9 Habitat Improvement Plan
Specific, detailed habitat improvement plans are beyond the scope of this HMP. However, when needed, habitat improvement plans will be submitted to the Division's Habitat Council, through Utah's Watershed Restoration Initiative, and other potential partners for funding. Habitat improvement project plans will include specific recommendations including treatment methods, seed mixes, and total acreage targeted for treatment. Potential habitat treatments on the property include connecting the floodplain, increasing habitat complexity by increasing woody material, pools, riffles and backwater habitats in the river, increasing native vegetation and removing invasive species such and tamarisk, and restoring river connectivity through the removal of barriers.
Ideas will be explored to increase upland game opportunities in terrestrial habitats on the WMA. Some inigation will be used to increase winter forage for upland game species to increase survival. Ponds used for inigating these food plots will also benefit amphibians; stockponds have been found to be the primary breeding habitat for spadefoot toads in the area.
Bat boxes have been placed on the property to benefit Townsend's big-eared bat. These boxes need to be maintained. Management on the property designed to benefit this species should be reported annually to the Western Association of Fish and V/ildlife Agencies (WAFWA).
In addition to developing ne\À/ habitat projects, an emphasis will be made to maintain past projects on the property. In 2008, the UDWR in conjunction with the Natural Resources Conservation Service began restoration efforts within the V/MA by removing tamarisk on over approximately 15 river miles or 1,050 acres. V/hole trees were plucked from the ground using an excavator and later piled and burned. Reseeding and cottonwood planting was conducted, as well as follow up treatment on secondary weeds. This treatment greatly benefitted amphibians on the property. Extensive flooding following habitat treatment in20l1 led to the inundation of cutoff oxbows on the Hatt's Ranch, which resulted in high densities of Northern leopard frog and Great Plains toad; these habitats are likely the most important habitats within the V/MA for amphibians.
The tamarisk leaf beetle was also released at Hatt Ranch by the Emery County Weed Department and tamarisk has been annually defoliated since.
Access Management Plan
The WMA is open to public access year round, with exception to the leased property on Hatt Ranch (-ap). Access is available on county roads, but access may be restricted due to weather that makes the roads impassable for travel. Motorized access is restricted to authorized, existing and designated roads (Utah Code Section4I-22-10.1). Roads not shown on the V/MA access maps are considered unauthorized. The Division reserves the right to close all unauthorized roads and trails. There are no developed trail systems on the WMA. Foot, horseback, and raftlcanoe traffic is permitted throughout the WMA.
20 Fire Management Plan
All activities dealing with wild and prescribed fire will be coordinated with the Division of Forestry, Fire and State Lands (DFFSL) according to guidelines established in the Memorandum of Understanding (2005) between DWR and DFFSL. Fire management provisions include: o When prescribed fire is needed as a habitat management tool, DV/R will provide all applicable information to DFFSL to ensure burn plans are complete and submitted by deadlines. o Wildhres will be aggressively battled to protect cottonwood trees and their associated riparian habitats. . Open fires are allowed, but cannot be unattended, and adequate provisions must be taken to prevent the spread of fire (R657-28). State, federal, or local fire restrictions will apply to all rWMAs when deemed necessary by fire officials and UDWR. The building of bonfires is prohibited on the V/MA. Non-combustible materials cannot be used in the building of hres and must be removed. The Division reserves the right to ban open fires on the WMA if needed to protect valuable wildlife habitat on the WMA. The Division may also restrict open fires to designated areas if the use of open fires becomes a management problem. Only dead wood lying on the ground may be used for hres. o The use of fireworks and explosives are prohibited on WMAs (R657-2S).
Wood Products
V/ood products are managed according to Administrative Rule R657-28, Use of Division Lands. Wood products are scarce on this WMA. Cottonwood trees are common, but not thick, and should be propagated and preserved for their wildlife and aesthetic value. Driftwood from the creeks and river can be used for firewood while camping on the WMA, but does not exist in suff,rcient quantities to transport off site. Should a market for tamarisk wood products become a possibility, this option may be considered in addressing the tamarisk problem, but most marketable trees require a trunk thickness of at least 8-10 inches. A tamarisk removal project would likely be under a contract agreement. If wood products are desired on the property, permits would be required.
Livestock Grazing Plan
Livestock grazing is managed according to Administrative Rule R657-28, Use of Division Lands. The WMA will be evaluated by regional personnel. Stocking rates and season of use will be adjusted as needed to obtain desired habitat conditions.
The WMA is surrounded by BLM and SITLA grazingallotments which are active from October 1 through April 15. These allotments are mostly controlled through natural boundaries with little control of livestock on the riparian corridor. The San Rafael BLM allotment currently has2,002 AUMs with 866 suspended. The permit was most recently renewed for ten years on March I, 2014 and will expire on February 28,2024. The permittee currently runs roughly 309 cows on the allotment. The permittee also leases the Dugout allotment to the North and runs 229 cows and alternates allotments annually, resulting in roughly 560 cattle grazingthe allotment. The
2t permittee hauls water and maintains ponds to disperse cattle throughout the allotment, but cattle can still be found using the riparian areas on the WMA. Due to the difhculty of controlling cattle and as a convenience to both parties, neither of which have the resources to fence their respective properties, the DV/R has considered issuing a grazing lease with the permittee in accordance with the Divisions Land Use Rule R657-28.
SUMMARY STATEMENT OF PROPOSED USES
The primary function of the Lower San Rafael WMA is to protect and preserve habitat for native frsh and wildlife species. An integral part of this is the protection and stewardship of the instream water rights that UDWR is obligated to safeguard in perpetuity. All other management decisions will be made with consideration for these uses and must be compatible with enhancing and maintaining fish and wildlife habitat and public wildlife opportunities. Uses that could be detrimental to wildlife or wildlife habitat are expressly denied. Livestock grazing and prescribed burning are acceptable management practices, so long as they enhance the primary function of the WMA.
MONITORING AND EVALUATION
The Habitat Program Manager and his/her staff have the ultimate responsibility of making sure that the tenets of this Habitat Management Plan are scheduled and applied. It is also his/her responsibility to evaluate the quality of work done and its relevance to the Habitat Management Plan.
ATTACHMENTS
Map # 1. Location of Lower San Rafael River WMA, Emery County, Utah Map # 2. Lower San Rafael River WMA, Hatt Ranch Property Map # 3. Lower San Rafael River WMA, Frenchman Ranch Property Map # 4. Lower San Rafael River V/MA, Chaffin Ranch Property Map # 5. Grazing Allotments Surrounding Lower San Rafael River WMA
Appendix A. Agreement (Exhibit B to Correction Special Warranty Deed) Appendix B. Correction Special V/arranty Deed Appendix C. Memorandum of Understanding Appendix D. Water Rights Change Application Number 93-340 Appendix E. Bill of Sale Appendix F. Plans and Reports
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26 Appendix A.
Agreement
27 7 $'¿ EXHTBIT I] TO CORRECTION SPECTAL T4IARRANTY nEeD 199¿ AGRT,BMENT DATED L.lT_l!,IE 8,
This Agreement ¡s made this 3¡çl day of May, 1994 berween PacifiCorp, doing business as Utah Power & Light Company ("Compan¡1") and the State of utah. Department of Natural Resources.
Division of Wildlife Resources ("Division").
WHEREAS' Company owns land, rvater rights, grazing leases and permits, pumps, ínigation
equipmenç and other miscellaneous personal property ("Property") in Emery Counry, Utah, described on
the Deed, Assignment ald Sale, ,,Deed,,, Bill of which are collectively referred to as the and attached as
Ex¡ibit to this "4" Agreement, which is made a part hereof and incorporated herein by reference, and
WHEREAS, Company acquired the Properry in connection with its construction and operation of
its Hunter and Huntington ste¿un electric generating plants located in Emery County, Utah and now
wishes to donate the Property to Division subject to the terms and covenants contained within rhis
Agreement, and company's Board of Directors has authorized said donation, and
WHEREAS, Division recognizes the significant wíldlife value associated rvirh rhe propeqv and
wishes lo accept the donation of the Property, in order to manage it to benefit wildlife, enhance
recreât¡on, and allow multiple uses consistent rvith wildlife objectives, and
WHËRËAS, the parties have executed a Memorandum of Understandine on Octobe r 6. 1993 rvhich set forth the basic terms of their âgreement.
NOW. TT{EREFORE, rhe parries agree as follows;
l' on the date of the execution of this Agreement, Company rvill execute the Deed transferring the Property to Division' Company represents that the properry is subject to companv,s indenture. As soon as is practícable afterexecution of the Deed from Company to Division, Company rvill take rvhatever action is necessary to acquire a Release of Mortgage from its indenture holder and lorward same to Division. 'lû3
on the date of the execution 2, of this Agreemenr. Company rvill delivcr proceeds from the
sale of Cornpanv's Dugout, Jeffrey Well, lron Wash. and Srveetrvater grazíng permits to Bureau of Land
Management ("BLM") qualified livestock operators ro Division to be used at the sole discretion of
Division for future operalion and maintenance of the Properqv, rehabiliørion of the riparian conidor
through the Property, enhancement of wildlife values on or in the vicinity of the property, and
acquisition of technical and legal exPerts to pertbrm srudies, provide advice or representation, or carry
out other work related to the purposee of this Agreemenf. Division wil! deposir said monies in a special
account created to accomplish the purposes of this Agreement pursuanr to $23-14-14, Utah Code Ann.,
and shall not commingle said monies and any interesr accrued thereon rvith other Division special or
general operating funds.
On January 28, 1994, panies 3' the executed a Memorandum of Undersønding with the
BLM regarding Company's San Rafael allotment grazingpermits. company submined an application ro
the BLM to transfer the san Rafael grazing permits to other base property company owns prior to
€Kecution this of Agreemçnt. At Division's request, title to the San Rafael allotment grazíngpermirs rvill
continue to be held by Company pending an evaluation of the San Rafael River allotment by the BLM pursuant to the January 28. 1994 Memorandum of Understanding, The BLM has permined non-use
status of the san Rafael allotment grazing permits pending this evaluation. Upon final BLM decision
after its evaluation, Company and Division agree to meet wirh the BLM to determine appropriate action
rvith regard to the San Rafael allotment grazing permits. Upon notice and direction fiom Division. company wíll transfer the grazing permits to Dívision or another person or entity, or take rvhatever other acrion Division requests with respect to said grazingpermits.
2 '¡' {J 4
l This Agreement is made and executed upon tlre following conditions and covenanrs;
a' Title to the Properqv, except for title to that pan of the propery located North of
the San Rafael River described as T. 20 s,. R 9 8., sLB & M, Section l: Lots r, 2, sE ¿1NEV4,
shallremain with Division in perpetuiry.
b' Division shall abstain from demanding company,limit use of, or abstain from usíng, or release from storage' water owned or controlled by company for the purpose of supplying the water rights described in Exhibit "A" as part of the properry (,,property water
R¡ghts'") one of this condition ¡:urpose and covena¡rt is to subordinate the priority dates of the Pmperty wrtêr Righrs to the priority dares of water rights owned by company.
c' Division shall absøin from demanding company to limit use of, or abst¿in from using, or release from storage, water owned or controlled by company for the purpose of improving the quality of or mitigating the chemical or biological condition of the water making
up the Properry Water Rights.
d' Division shall not initiate, prosecute, maintain or volunta¡ily aid any action or
other proceeding against company based on company's impairment of qualiry or quantity of the
Properry water Rights caused. or alleged to be caused, by Company's usual and customary use of water upstream at Cornpany's Hunter and Huntrngon steam electric generating planrs.
e' Division shall use its best efforts to maintain the property water Rights by using them rvith such üequency or regularity as to avoid fheir loss by forfeiture or abandonment.
f' onlyatsuch time as the Directorof the Division of water Rights issues a final
Memorandum Decision and order approving use of that portion of the property wat€r Rights described in Application No. ar 7629 for insrream florv pursuanr to $73-3-3(l r), utah c,qd,e,Ann., and if all time for appeals or other challenges to such final Memorandum Decision and order has expired rvithout appeal or orher challenge, the Division shall thereafter:
3 ?{}5
(i) abstâin liom demanding auv water user owning on the date of the execution of this Agreement a perfected and valid rvater right rvith a point of diversion
and place of use uPstream of the Properry water Rights ("Upstream Water Right,,) to
limit use of, or abstain from using, or release fiom storage, water which would otherwise
supply said Upstream water Right to supply the Properry water Rights. The effect of
this covenant and condition is to subordinate the priority dates of the prop€rty water
Rights to rhe prioriry date of said Upsrream Water Right.
(ii) abstriin from dc¡nanrring any upsrream water ltight us€r to rimit use of,
or abstain from using, or release from storage, rvatsr to improve the quality of or mitigate the chemical or biological condition of the water making up rhe propcrry water
Rights.
g' Notwithstanding paragraph 14 of this Agreemenr, Company m^y waive the
covenants and conditions set fofth is this paragraph 4(b) through (d) by notiffing Division in
writing of such waiver.
5' lf a final Memorandum Decision and order approving Application No. a17629 for instream flow pursuant to is $73-3'3(l l) not granred, or if a final order in an appeal to said final Memorandum Decision and order or other challenge to the instream flow use of the rvater rights described in Application No. al 7629îrom which no further appeal may be taken is docketed which prohibits or all a part of'the Properly water Rights from being used for ínslream flow pursuant to $73-3- 3(l l)' Division will continue to use that part of the Property water Rights not approved for insfream flow use in an authorized manner for the benefit of wildlife, recreation and the property, including, but not limited to, irrigation.
6' For any of the Property water Rights not approved for instream flow use, Division agrees to file rvith company annual use reports indicating use of the properr-v water Rights.
4 706
7 ' Division agrees to evaluate and protest any new apptication to appropriate rvater berrveen the highest point of diversion of the Propem¡ water Rights and the confluence of the san Rafael River rvith the creen River, and to take any further action Dívision deems necessary to protect the properry
water Ríghts on such new application after consultation with company, unless otherwise agreed to between Division and company at the time said new apprication is fired.
I' company wilt make available to Division at its expense ifs records, personnel, and other expertise to support Division's change application and in any other judicial or administrative proceeding
relating to the Properry Water Rights.
9. Company makes no r¡va¡ïanty as to the validiry of the properry rÁ/ater Rights rransferred pursuant to this Agreement, except that they are of record, on file with the cour! and published in the proposed determinations for the san Rafael River Drainage by the utah Division of water Rights. Both parties acknowledge that challenges to the validity of the Properry water Rights recently have been fited
and are pending ín the san Rafael River a-djudication (Emery county civitNo. 1435). Each parry agrees
to use its best efforts to defend the validity and continued property use of the water Righrs in the adjudication of the San Rafael River. Upon Division,s request, Compan¡r will make its personnel and
records available at company's expense to defend the validity and use of the properry water Rights in the adjudication of the San Rafael River or in any other administrative or judicial proceeding relating ro the Properry Water Rights.
l0' The Division of waler Resources, the united states Deparrment of Agriculrure soil conservation service, and the united states Department of the Interior Bureau of Reclarnation are finalizing an Environmental Impact statement for the Price-San Rafael Rívers unit of the colorado River salinity control Program and are seeking appropriations for funding to make on-farm and other agricultural practices improvements to decrease salinity in the san Rafael River. The Division of water
Resources' on behalf of itself and the other parricipating agencies, has initiated discussion wirh Division
5 ? rJ7
t-or use of some of the Propeqv in mitigation tbr the Pricc-San Rafael Rivers unit of rhe salinit-v control
program' while Division prefers on-site mitigation t'or salinity control programs. Division ¿rgrees to
rvork cooperatively with the Division of water Resources ro enhance portions of the propeny ro meer
saliniry control program mitigation requiremenrs. provided that the full cost of performing the mitigation
will be bome by the project sponsors.
ll' If any of the covenants and conditions set forth in paragraph 4 of this Agreement are
alleged to have becn violated by Division, company agrees ro notiry and meet with Division and attempt
to resolve the alleged violation. In the event company derermines, afrer consultation with Division, that
a violation hæ occurred, then company, at its sole option. mayr upon written notice, demand and require
that Division immediately r€convey the Properry, with any improvements thereon made by Dívision, to
company' The parties will record a copy of rhis Agreement with the Deed in the offìce of the Emery
county Recorder to give full public notice of the covenants and conditions in this Agreement and
Division's duty to r€convey the Properry pursuant to this paragraph. The purpose and intent of this paragraph I I is to create a power of termination in favor of company as Granùor upon its determination
of a violation of the covenants and conditions described in paragraph 4 of this Agreement.
12' This Agreement shall be governed by, construed. and enforced in accordance wirh the laws of the State of Utah.
l3' This Agreement shalt constitute the entire agreement between the parties and supersedes
the Memorandum of u¡iderstanding dated october 6, Igg3 and any prior undersranding, reprcsentation, or agreement of the panies regarding the subject matrer hereof.
14' No delay or failure by either party to exercise any right under this Agreemenr and no partial or single exercise of that right shall constitute waiver of that or any other right unless expresslv provided herein' Either parry may by wrinen notice waive any of its rights or any conditions to any obligations hereunder or any covenant or dury of rhe other parfy, provided, however. rhat company may
6 08 not tvåive Division's covenant to owners of upstream water Rights set forth i' paragraph 4(Ð hereot. No rvaiver shall affect or alter the remainder of rhis Agreement. Each and everv covenant, dutv, and condition hereof shall continue in full force and effect with respect to any other then existing or subsequentlv occunin g breach.
15' In addition to the specific rights and remedies set forth in paragraph I I hereof, the parties shall have all rights and remedies provided under utah raw for a breach or threatened breach of this Agreement' These rights and remedies shall not be mutually exclusive and the exercise of one or more of the'se rights ¿:td remedies shall not preclude the exercise rrf any o.Jrer right or remedy. Each part-v confìrms that damages at law may be an inadequaæ remedy for a breach or threatened breach of a provision hereofand the respective rights and obligations ofthe parties hereunder shall be enforceable by a specific performance, injunction, or other equitable remedy.
IN wlTNEss lvHËREoF' the parties have executed this Agreement as of the day first above written.
APPROVED
? V
Utah Division of Wildlife Resources
Utah Resources
7 President and CEO Utah Power, a division of PacifiCorp, an Oregon Corporation
7 Appendix B.
Correction Special Warrarfty Deed
28 (} $jri
CORRECTION SPECIAL WARRANTY DEED
PACIFICORP, an Oregon corporation (successol in interesl by lnerger to Utah Porver & Light Cotnpany, a Utah corporation), Grantor, hereby conveys and warrants to THE STATE OF UTAH, DEPARTMENT'OF NATURAL RESOURCES, DIVISION OF WILDLIFE RESOURCES ("Grantee"), for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the land and water rights situate in Ernery Count¡ State of Utah, described on Exhibit "An' to this Correction Special Warranty Deed, excepting therefrom any coal, oil, gas, and other milrerals which rnay belong to Grantor,
Subject to easements, restrictions, and rights of way currently of record and/ol' enforceable in law or equity and the general ploperty taxes for the year 1994 and thereafter.
Said property is subiect to a partial release of mortgage.
Gtantor specially warrants the right, title, and interest hereunder conveyetl against the claims of any persons claiming by, through or under it, but not otherwise.
This grant and conveyance is made subject to the coveltants and conditions set forth in that Agreetnent betweell Grantor and Grantee dated May 3,1994,which is attached hereto as Ëxhibit "8" and itrcorporated herein by rcference. If said covenants and conditions are violated by Grantee, Grantor uray re'enter the Property subject of this Coruection Special Warranty Deed and demand and rcquir-e Grautee to rcconvey ¡t to Grantor pursuant to the procedr¡re set forth in paragraph ll of said May 3, 1994 Agreelnent.
IN WITNESS WHEREOF, Cratttor has¡:¡gcuted this Correction Special Warranty Deed by arrd thronglr its duly authorized representativethis H4 day of June, 1994.
d t¡Fu 3 PACIFICORP ", ,:Ð -&: \_ l, ¡ m {-:.cg .\ tr\ -a ttJ Þ'- v.1. -' ';I cr 'lLr,¡¡i N sñ ö.ri-:l; t\- ¿¡J Ç, "" \c-r Verl R. è Í.' C:i Senior Vice and cö Éä:* (.ô aL General Counsel ta -s; N Lri o t¡.¡ *ì eÊ t) -J ;3 Paci{iCorp, an Oregon Corporation Ë STATE OF ) :ss COI]NTY OÌ' )
on the ø- day of 1994, personally appeared before me, a notary public, Verl R. Topham, who being by first duly sworn, declared that he is the duly elected and authorized Senior Vice Prcsident and Connsel, PacifiCorp, arr Oregon corporation, and that the within and folegoing instt'ument was sigtted by authority of said corporation, and that he executed the same.
WITNESSETH MY HAND AND OT'I'ICIAL SEAL. r -r--0rÕ- $ I I Public t L ,.?0{i
EXTIIBIT A to Colrected Special War.ranty Deed Dated June 8, 1994. T. 19 S.. R. 9 E- SLB&M Section 20: N%NEt/.r, SE'/¿NE'/¿ Section 2l: SW'/¿NW/¿, SWÌ/+SEV¿, NE%SW% (less W%SE%NEVASWV4, SW%NE7¿S}V% containing l5 âcles, rnole or less) Section 28: NW% Section 29: NE%NE'/¿, E%SE'/+NEl/+, SWt/¿Srü% Section 35: SE'/¿SE7¿
T. 20 S.. R, 9 E,._S.LB&M Section l: Lots 1,2,3,4, SE%NE'l
T.. 2qS.. R. . 1 0 E.,_SLBglil Section 6: Lots 4, 5, 9, SE/,¡NW7+, NW%SEt/¡
T.2e.L. R. 14 E.. SLB&M Section 27: E%NlV7.r, SW/rNW%, N%SW'/, SW%SW% Section 28; NË'/¿SE%, SE/SEVI
A9 Secti<¡n 33: SE7+NE%, NE'/¡NEt/¿ r0 DEâCñ|Pllo¡| t/d t/a t/e Section 34: NW NW '/¡, SW % NW /¿, SE % NW , SW &?*- Less Utah State Roacl Right of Way and tlre County Road Right of Way
T. 23 S.. R. 14 E.. SLB&M. Section 3: Lots 3 and 4, SË'/¿NW7¡, NE%SW'/¡ Section 14: SW%NW%, SW%, SWt/¡SE% Section 15: W'ÁNE'/r, SE%NE7¿, NE7¿SE'/+ Section 23: NW%, W'lNE'/¿, SE%NE%, E%SWV+,WVzSEil, SE%SE7+ Section 25: SW'lNW'/¿, SWt/¿SW'/.r, N/zSW% Section 26: E%NE%, NW'/.¡NE/¿, SE%SE/+, SW¡/¡NW%, W%SEVq,EIASWVa Section 35: E7¿NË¡/¡ t/r Section 36: W % NW'/¡, SE t/NW %, SW 7¡ SW t/e, E /zSW
T. 23 S.. R, 16 8.. SLB&M Sectir¡n ?5: Lot ? Section 26: Lots 2.3 and 4, NIVV+SEV' Section 27: St/zNt/2, N%S\ry'l, NWÌ/+SEV+, S%SE% Section 2E: E%NE|/, SWt/rNBt/r, N%SE/¿, NE'/¿SW'/¿ Section 34: NW/+NE'/, S%NE%, N'/zSE'/¡ Sectíon 35: S%N%, N%SW'/¿, NWt/+SEVt
T. 24 S.. R. 14 8,. S|-B&M Section l: E%NE7¿, SW'/NE%, NE'/¿SE'/¿
T. 24 S.. R, .15 8.. SLB&M_ Section 6: Lot 5, SE/¿NW'/+, SV/%NE/¿, NE7¡SW/¿ Section 7: NET.TNEY¿ Section 8: W%NW'/¿, SE%NW% EXHIBIT A (page two) 701 TO CORRECTION SPECIAL WARRANTYDEED DATED JUNE 8, I994 WATER RIGHTS
93-463 (A42638) Cerr.#l 1095 93-1309 E. Johnson Decree 2nd Class 93-452(492637) Cert. #l 1096 93- I 0s4 (430755) Cert. #77 4t 93-973 Diligence 93-9'14 Diligence 93-975 Diligence 93-340 Diligence 93-341 Diligence 93-667 D3345 93-941 (47705) Cert. #1047 93- I 152 Diligence 93-1 158 (A4l9l l) Cert. #13076 93-976 93-977 93-978 93"979 93- I 285 93-2182 93-3194 93-35 l4 Appendix C.
Memorandum of Understanding
29 MEMORANDT]M OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made thistlh ciav of CrÅhÅ 1993. by and between PacifìCorp, doing business as Utah Power &. Liglit Company
("Company") and the State of Utah, Department of Natural Resources, Division of V/ildlitb
Resources ("Division"), The parties anticipate that a formal Donation Agreement incorporating
the principles set forth in this MOU will be executed between them within 120 days after
execution of this MOU.
l. Company owns land, lvater rights, grazing leases and permits, pumps and
inigation equipment and other miscellaneous personal property ("Property") in Ëmery County,
Utah, acguired for a continuous and assured water supply to its Hunter and Huntington steanr
electric generating plants. Such Properly is described on Exhibit "4" to this Mou.
2. Company's first prioritv in nranaging the Property has been to protect the
operation of its Hunter and l-luntington steam electric generating plants, This has resulted in
additional burdens on the Company and involvement in activities which are not within the
Conrpany's ordinary course of business,
3. Company wishes to dispose of the Property management burden while maintaining or iucreasing protection of the associated water rights for continued operation of its upstream steam electric generating plants.
4. Division recognizes significant rvildlife values associated with the Property and is willing to accepl the donation of the Property. subject to the terms and conditions set tbrth herein which will be more specifically set forth in the Donation Agreement and deed. and is willing to
'/4/PØ/¿- manage the Property to benelÌt rvildlife. enhance recrealion. allow multiple use consistent u'ith
rvildlife objectives, and protect the water rights fiom f-orf-eiture or abandonment.
5. Compauy will donate the Property. subject to existing leases and encumbrances to
tlte Division.
6. In order to further the traditional uses of the grazing permits and enhance agriculture in Emery County, Company rvill transfer the Dugout. Jeffery Well, Iron Wash and
Sweetwater AUMs to local, BlM-qualifred livestock operators after advertising for proposals.
The proposals may offer cash or a combination of cash and other benefits acceptable to the
Division for the future management of the property by the Division. Company will transfer the
grazing permits and hold the cash proceeds in escrow until the fìnal closing of this transaction. at which time the proceeds will be tlansferred to the Division by Company as part of the closing,
a: Company will contact those operators who have expressed interest in the
permits and indicate that the Company will accept proposals for their transfer. Company
also will advertise in local newspapers and notiff the Soil Conservation Service local
office in order to notify prospective transfbrees of the availability of'the AUMs.
b: Company and Division will evaluate the proposals and select one or
several which will (i) provide the greatest enhanced agricultural opportuniries while
fulfilling wildlife objectives in Emery County, and (ii) provide revenue f'or managemenr
of the remaining Property held by the Division and achíeve other goals of the Dívision.
c: Cash proceeds from the transfèr of the AUMs will go into a Division
special account dedicated only to the nranagement of the Property. The special account
may provide that some of the cash proceeds may be used, at the discr.etion of the
2 Division, as matching finds for participation in salinity conrrol projects in the San Rafael
River drainage.
7. It is the parties' mutual intent that the San Rafaet grazing permits will be retained
by Cornpany until retired by the United States Bureau of Land Management ("BLM,'). At tlre
BLM's request, Company, the Division, and the BLM will negotiate a Memorandum of
Understanding whereby the San Rafael grazing permits witl be held by the Cornpa¡y pending
their re-evaluation pursuant to the BLM's Range Management Plan, Management of the San
Rafael permits after the re-evaluation will be the responsibility of the Division working in
concert with the BLM.
8. Company will assign the State Lease on Section 32, Township 24 S., Range 14 E
to the Division along with the State Leases held within the San Rafael grazíngallotment.
9, Company will contact and keep Emery County and State officials informed on rhe
progress of the donation^ Company will be primarily responsible to coordinate responses to
information requests with the Division and disseminate information to the media on the donation.
10. The Division will agree to retain fee title to all the Property, except for a part of the Fullers Bottom parcel north of the San Rafael River, and to maintain the water rights in good standing consistent with State law in perpetuity. The parties anticipate that part of the F'ullers
Bottom parcel north of the San Rafael River lnay be transferred to the BLM by the Division for development of recreational facilities to pronote recreation in Ernery County. The description of land north of the San Rafael River not subject to the reversionary clause will be included in the
Donation Agreement and deed,
3 /t1¿4' ' 2-z- 'l'he I l. Donation Agreenrent and deed lvill contain covenants on behalf of the
Division and State not to sue the Company or thrcaten litigation for any cause of action or
damage or alleged danrage to any part of the Propertv including, but not limited to, claims þased
on impairment of water quality or quantitv, arising or alleged to arise out of Company's operatiotl
of'the Httnter and I{untillgton steam electric generating plants and their water supplies. and any
additions or modificatio¡rs to them or their operations.
12. The Donation Agreement and deed will contain covenants prohibiting the
Division frorn making a call o¡r the r,vater rights transferred to it as part of the property by
subordinating the Property water rights to all valid upstream r.vater rights cxisting at the clate ol'
the final closing of this transaction.
13. The Donation Agreement and deed will contain reversionary clauses acceptable to
Cornpany covering all of the Property except the Fullers Bottom parcel north of the San Raf'ael
Iliver. The reversionary clauses shall become operative upon the r,ìolation ol' any of the
covenants expressed in the Donation Agreement and deed. including but not limited to,
covenants to retain fee title to the Property; covenants to maintain tlie water riglrts in goocl
standing in perpetuity; covenants not to sue the Company for damage to the Property arising out
ofl the Company's operation of the Hunter and Huntington steam electric generating plants:
covenants prohibiting the Division from making a call on the water rights tra¡rsfèrred to it; and
covenants not to claim damage to water quality of the Property \.vater riglrts, all as will be more
finher set forth in the Donation Agreement and deed.
14. Company r,vill prepare applications to change the place and nature of use of the
Property rvater rights fol the Division of Water Rights to add instream flows for wildlife and recreational purposes as uses for the Property water rights, After the execution of this MOU. the
- 4 /t¿24-2 ¿rr/¿ Division and Company will joitrtly f,ile the change applications and use their best ef'forts to get
them approved by the Division of Water Rights. If the Division of Water Rights does rrot
approve the instream fìow applications. or if successf'ul appeals are fìled ro the order granti¡g
instream flows as an approved use of the water rights. the Division will use the rvater rights in an
approved manner for the benefÌt of wildlife. and including, but not limited to, inigation.
15. The Division of Water Resources has approached Company and Division to
discuss use of some of the Property in mitigation of its Price-San Rafael Salinity Conrrol project.
Participation in the Project will provide substantial benefits to the agricultural rvater users in
Emery County. Only after onsite mitigatiorr has been declared infeasible and where the fìrll cost
will be bome by the Salinity Program Sponsors, Division will work cooperatively wíth thc
Division of Water Resources to enhance the Property as part of mitigation of impacts associated with the Price-San Rafael Salinity Project.
16. This MOU expresses the present intent of the parties with respect to the transfer of the Property. Nothing in this MOU shall become binding upon the parries ultil the same shall be included in the Donation Agreement and deed. which are subject to final approval by Cornpany's board of directors and the State of Utah.
5 APPROVED:
7-2^ ^qz Date Director Utah Division of Wildlife Resources
ùt-- (,*.,- Ted6tewart,/ i Executitøßirector/ Utah Department of Natural Resources
William C. Brauer President PacifiCorp, dba Utah Power
,rUü¿ 6 4 Ð IÞmription of property tn be conveyed Ul Division of \Viftllife Resourccs T r0 s._ ¡ì..9 E., sr B&M Saction 2I): NIáNEt{, sEt¡N}rtl Section 21: SWl4Nwr¿, SWl/SE'/' NI.tÁSSÙN (lcss WIáSE ¡/ NE N SW t¡, SV/ { NEr¡ SW t/ confaining I 5 acrtxJt more or lcss, leRsed tn llniversity of Uuh) Soction 28: l,[Wt/ Secdon 29: NEt/NHN, Et/tSE'/Ntit/, Swt/¡SrÀ/ly' Sætiun 35; SE¡/SE¡/ T..,20S R IE_ SlRÁtM Soction l: IÆts I ,2, SE /tNBrÁ (this ponion of Sectlr¡n I mny t¡e uanslbted pursusnl t¡l the Llcmation Agrccntent) Sccrion l: kts 3,4 T în $.. R.Jo 8., SLB&.M Soction 6: l^ots 4, 5, 9, SE'lNlVt/, NIVXSEI¿ M Scction 27: EIáNw|/, S\t/rÁNWl¿, Nr/tSW¡/, Sìtr'%SWX $ocdon 28: NE!ÍSEI/4, SEt¡SE% seætion 33: sts14NËl1, NEtINE{ Ssctlo¡ 34: NW'lNW¡¡, StVl/Nlvg, SE%Nwt4, SW¡¿ T. 23 S.. RJ4 E . SLB&M Section 3: t¡¡ts 3 und 4, SEkNWf , NE|,4S\ryl/ Sætlon 14: Swt¡Nwtf , SlV14, SW¡I(SE}4 Soction 15: W%N814, SEI4NEN, NElr'SEl/ Sætim 23: NlVt/, \V|áNlìl¿, SEl,lNE¡r', E%Slvr/, WtáSËl{, SEl¡6Sh:r¡ Scr:tlon 25: S\ryt¿NlY%, SlryfSWt/, N%S\¡Vr¡ Section 26: E|áNEI¿, NlVr¿NE¡¡, SE|¿SEll, SWr¿Nrly'ü, W7:SE%, Et/tSWt¡ Særion 35: E'áNEX Section 36: \\,táNWl4, SB|INW%, SWXSWI¿, Et{SU/rr' T.23,S.,R f6F_SlÄ&M Sætion 25: Lo¡? Soction 26: tots 2, 3 and 4, NW|ÍSE'/ Section 2?: SráN%, N'áSWX, NWÍStiM, St¡lSEl{ Section 28: E|áNEt¡, Slvr¡Nti*, NráSEN, NEISWrf Sælion 34: NSTXNE'í , S¡áND!¿, NIáSEI{ Socdon 35; S%N%, N!áSWt¿, NWr/6SaU T^ 24 S., R- 14 E.-JLB&M Section l: E1áNEX SWt¿NEt/, NE%SDI/6 T-.21 S., R. l-r E JLB&M Sectir¡n 6: SW¡lNEt/, S'áNw%, NEt/SWt/¿ Section ?: NEI{NBI/ Sootion 8: wráNwt/, SË1óN\Y\4 excepting thercfrom any corl, oil, gas and othcr minernls which may hetong ttl Gruntor. Efli.bÍt À f{ater Rights Attached Sheet ll ''--- Þãrãsiiih ä, Prtority Paragraph 3: Ì,later Right Paragraph 4: Flow P,ropÊrt,v Pri o.L! tY. Hder Rlshi F'lpW fqfsì Thaì er' Lower Cottonwood Creek 6-?5-r973 93-45s (442ô38) Cert. rlU095 I l0 1879 93- 1309 t.Johnson Decree Znd Cl ass 0 533 Ihaler-Lower Ferron Creek 6-?5-1973 93-452 (4e2637) Cert. ll1096 0,873 Fuìler Eottoms-San Rafael River 3-6-19se 93-1054 (430755) Cert. #7141 5.00 Hatt Ranch-San Rafael River 3- n - 1893 93-97 3D Í ì igence 457, 7,50 93-97 40 il igence l7% 93-97 50 1l igence 3870 Frenchmans - San Ra fae I Ri ver 1887 93-340 0l I lgence I 5 00 1887 93-341 Diì lgence 4 00 I900 93'657 03345 2 00 { -23- r9l8 93-941 (47705) Cert. r1047 I 66 Chaffin-Sart Rafael Ranch r8B5 93- I 152 Di I igence I 00 r0-30- 1972 93-1158 (A4l9l1) Cert. ill3076 0 32 Total 38.99 Attached Sheet f2 Paragraph E : Source Paragraph 7 I Pofnts of Diversion Prgps-r.lr Source Tha'ler- Lor.rer Cottonwood Creek Cottotn+ood Creek Points of Dlversion: 93-463: l) s 150 ft. & E.370 ft.; 2) s 635 ft. & E. t020 ft.; bottr from N4 Cor. i 3)N 705 ft. & r,/. 535 ft.; 4) N ¡ 106 ft, & t{ . 475 ft. ; both frorn f4 Cor. ; 5)N 1030 fr. & E. 775 ft.; 6) N 665 fr. & E. 1320 fr.; 7) N 95 ft. & E. l7t5 ft.; aìl frorn t.l4 Cor..; aìl Sec. 21, I195, Rgt, SL8&M 93-l 30 9: r) S. 150 ft. .& E. 370 ft. from N4 Cor, Sec. 20, Tl9S, Rgt, S[g&H Thaler-Lower Ferron Creek Ferron Creek Points of 0ivers'ion: 93-452t l) N 490 rt, e t.795 ft. from 54 Cor. Sec. 2l; 2) N r0l0 ft. & t. 2345 ft. 3) N 945 ft. & E. l5l0 ft.; both from l,l4 Cor. Sec. 28i 4) S 70 fL. & t,. 95 ft. frorn t4 Cor. Sec. 29; alì Tl95, RgE, SLB&ll Fuì ler Bottoms-San Raf ael R'iver San Raf ae] River Points of 0lverslon: 93-1054: l) il. 1320 ft. & }l. 1320 ft. fron sE cor, sec. 35, It9s, RgE, SLB&H Hatt Ranch-San Rafaeì River San RafaeJ Rlver Point of Dlverslon: 93-973, 93-97{, 93-975: l) N. lll0 fl. & hl, 720 fl. from 54 Cor, Sec. 22, T225, Rt4E, SLB&H Attached Sheet fl? Contlnued Pfoo_çt t v Source Frenchmans-San Rafael Rivet' San Rafae'l River Points of Diverslon: 93-340: l) s. 750 rt. & t. 2lo ft. from N4 Cor. Sec. Io, T23S, Rl4t, SLe&M 93-341r l) s. 750 ft. g t. 2lc ft. ft'orn N4 Cor. Sec. 10, T23S, Rl4t, SLB&l'l 93-667r l) 5. 750 ft. & t,?lq ft. from N{ Cor. Sec, l0; 2) s, 920 rt. & E' 350 ft. front Ntl Cor, Sec, 361 both T23S' Rl4t' SLB&H 93-941: l) s. 750 fr, a E. 210 ft. fron N4 Cor. Sec, 10, T23S, Rl4E, SL8&H Chaffin-San Rafaeì Rlver San Rafaeì Rlver Points of Dlversion: 93-1152; l) S, 150 ft. A E, 30 ft. frorn l{4 Cor, Sec. 3, TZ4S',ß16q,-SLB&H; ii N. 850 ft. & H. lt00 ft, from 54 cor. sec. 35, T23S' R¡6E' SL8&¡4 e3-1158:-- il ¡¡. 1205 ft. & [. 619 ft, from Sil Cor. Sec.35, T23S, Rl6E' SLBSM Attached Sheet #3 Paragraph l0: Nature anrJ Period of Use Palaglaph I l : Purpose and txtent of Use Propertv I'latur'e $ Pqr:i od of .Use Thaì er-Lower Col"tonwood Creek 93 "463 I r"r . - Apr. I to Cct. 3l 87,92 acs,/55.58 acs. Slock - Jan. I to Dec,3l 2IO ELU 93-1309 lrr. - Mar. I to Nov. 30 36,0 ac.s ./32.34 acs . ïhaìer-Lower Ferron Creek 93-452 lrr. - Apr. I to 0ct, 3l 64.00 acs. Stock - Jatt. I to Dec. 3l 2IO ELU Ful ìer Bottoms-San Rafaeì River 93-1054 [rr. - APr' I to Nov, I 179. l0 acs. Hatt Ranch-San Rafael Rlver 93 - 973 , 97 4 , 915 I r't'. APr. I to 0ct. 3i 348. 50 acs ./300 acs . Stock - Jan. I to Dec. 3l 8I2 ELU Frenchnrans -San Rafael River 93-340 lrr. APr.l to Oct. 3l 182.05 acs ./10.3 acs. Stock Jan, I to Oec. 3l 205 tLu 93-341 lrr, - Apr. I to Oct. 3l 182.05 acs ./36.60 acs Stock - Jan. I to 0e c 3l 205 EIU 93-667 lrr. Apr. I to 0c t 3l 182.05 acs,/67. I acs. Stock - Jan. I to De c. 3l 205 ELU 93-941 lrr. Apr. I to 0c t. 3l 193.05 acs.,166.5 acs, Stock - Jan. I to Dec. 31 205 ELU Chaffin-San Rafaeì River 93-1152 trr, - APr. I to Oct. 3l 43.5 acs. Stock - Jan. I to Dec. 3l 2OO ELU 93- t 158 1n'. - APr. I to Oct. 3t 59.56 acs./16.06 acs. Stock - Jatt. I tc Dec. 3l 200 tlu Attached Sheet #4 Heretofore paragraph l?; place of Use P4ope rt,v ïhaìer-Lower Cottonwood Creek 93-463: N2Nt4, sE4Nt4 sec. ?0; s*4r\w4, NE4sll4 sec. ?l; Tr9s, R9E, sLB&H. 93-1309: NH4NE4, st4Nr4 sec. á0, rtgs, äõË,"SreãH. ïhaìer-[ower Ferron Creek 93'454: sr.r4st4 scu. 2r; Nw4 sec. 2g; sE4NE4 sec. 29i Tr9s, R9t, sLB&1,r. tu'l I er Bottoms - San Raf aeì Rl ver 93-1054: Lots 1,2,3,4, St4NE4 Sec.-1, TZOS, Rgt, SLB&trt; Lots S,9, SE4Nt,J4 Sec, 6, T2óS,-nióf,-iigãM. Hatt Ranch-San Rafael River 93-973,914,975: S2Nl,l4, NZSll4, Stt4S'Ti4 S99, 27; N2St4 Sec, tZN€4 Sec. l,l2Nlil4, l{2st'l4 Sec. 34; a'll T2¿S, Rl4E,-ilAaUi'¡ti,illlWq ?g; 33, Sec. 3, TZ3S, Rl4t, sLB&H. Frenchmans-Sarr Rafael River 93-340,34¡,667,941: SH4 Sec. l4t t.t!!f4, St4Nll4, NE4St4_Sec. l5; N?t{t{4 Sec. sl',4N1',4, NzsH4, sl,4st.l4 sec. 23¡ 25; stasÈa éeõ, äô;'NËiHro sec. 35; HZNt.l4, sE4Nt/4 Sec,36; all T23S, Rl4t, SLB&14. Chaffi n - San Rafael Ri ver li-lll?' !1.,4f!!4, Nt{4sr4-S;;:'¡i,,rå sec. 3s, T 23S, Rl6t, SLB&H e3.ll58: st.l4NE4, I!11!H, ¡lqlqlJ4, sE4Nt/4; Nt4slt4i WZSÈl 35, Rl6t, sLgaH. Attached Sheef #5 n-[r¡f_0ivcr_us-n uttorrwood Cl'eek: l) S. t50 ft. & t. 370 ft. from 5LB&l'l ?) S. 635 & 1020 ft. t. ft. fr Herea,fter_p_aratr¡ph_?? I lIÂÇ€. ol Use ¡i¿NE4 , S[4NE4 Sec. 201 Sl/4NWq Nt4St,t4 , 29, aìl Tl95, R9E, SL8&Í'l; Lots 1,2,3, Lot s 5 , 9, St4Nr,l4 Sec. 6, T2ûS, Rl0t , S Ìl2St4 Sec. ?8: É2Nt4 Sec. 33i t,lZNt.J4, t,l f.lk4Nl.l4 Sec. 3i Sl,l4 Sec. l4; l,t2NE{, SE4 Sl.J4NI,l4. N¿Sþ/4, Stl4Stl4 Sec, 25; St4SE4 Sec . 36; al I T;¿3S, Rl4Ê, SLBå14; srilINE Rl5E, SLg&H. f From fhe strea nrs entì'ance i¡to the lppl icants property located at a point I,l. 660 ft. from E4 Cor. Sec. 29, Tl95, RgE, SIB&l'l to i ts confìuence rvi th t.he San Raf aeì River ìoc ated at a po int l{. 4l 0 ft. e E. 835 ft. from the S4 Cor. Sec. 2t, Tl95, R9E, S L B&M. lutllluuOd.Jfsrh. irom the streams crrtråtìce into t.he applicants pr.operty located-at a polnt t. al0 ft. from the N4 cor, sec. a0,'Tlgs, Rgt, sLB&l'1 to its confl,¡ence with the San Rafael Âiver located at ¿ óoint Ñ, 4t0 ft. & E. , RgE, SLB&14. inrrirrg located at a polnt ll.4l0 ft. & l9S, RgE, SL8&H to its conflrrence with 160 ft. & t. 3/5 ft. froin the 54 Cor. ïtjT,tL P, f ü llxhilrit A Pumps and lrrigation Equipment Berkeley ModelNo, BIOQBN-l pump Detroit 453 4 cylinder engine FuelTank Radiator Miscellaneous hardware mounted on a steel franre 1,200' of 8" dia. x 45' aluminum main line inigatiorl pipe (26 sections) 2,320'of 3" dia. x 40'aluminum irrigation pipe (58 sections) 2 each 4" x 3" r'alve openers 2 each Big Gun Carts with Nelson F-100-R Big Guns I each 8" x 6" reducer I each 6" surge end plug I each diesel motor with pump, fuel tank, and trailer I each pipe trailer 4" x 3" SBS - ABC - ONL valve opener Appendix D. Water Rights Change Application Number 93-340 30 't0ßt13 CHPRINT(a17629) ' Onllno SarYlc.t Aa.ncy Llrt ) Surtnrer t-qe".¡l Utah Division of Water Ðr,ßs ¡ I Select Related lnfomation E] (WÀRNTNG: water Rightg rnakes No claims as to thê accuracy of this data.) RUN DATE 70/09/201,3 Page cn¡¡eer â17629 wATER RrGHT: 93-340 cERT. No.r couNTy rÄx lD#: AMENDAToRy? No BASE IIATER RTGHTS: 93-340 93-34 1 qt-¿ q2 93-463 93-667 o?-o/ 1 -o3-975 93_1054 ôî 11E8 RIGHT EvIDENCÉD BYr 93-340,34I,452,463,66'7,9A1,,9'73,9'14t915,a054,1,1,52, 1158. CHANGES: Point of Diversion IX], P.lace of Use IX]/ Nature of Use IX]/ Reservoir Storaqe [ ]. NAMEr State of ULah Division of Wildfife Resources ADDR: 1594 West North Temple, SLe 2110 Salt Lake City UT 84114-6301 INTEREST:100å REMARKS: EILED: IO/20/1,993lPRIORITY: 70/20/1993IADV BÉG,AN: 11/09/1993lADV ENDED: INEWSPAPER: Emery County Progress ProtestEndrl2/23/19931 PROTESTEDT INo Heari] IHEARNG HLD: ISE AcTIoN: IApproved] lActionDater02,/24l1995lpRooF DUE: 07/3I/2004 EXTENSIONI IELEC/PROOF: IProof ] IELEC/PROOE:06/21/2002 ICERT,/¡IUC: ILAP, ETc: ILAPS LETTERI RUSH LETTR: IRENOVATE: IRECON REQ: ITYPET [ ] Status: Approved ttt*t*tttt*ti*lit***t*tt*ttlrlr*it¡i*t**¡¡¡t*lirliii¡ttti*t**ttrt itt*t***t*tt¡*ttr*ttti*tiii*t*tt**tr¡t***t**i*tiitrt¡trirt***it** ttttllitttltalrril*i**tH E RE T O F O RE**ti*it¡t¡*r*r¡¡r***t** tt*r¡t¡¡tt***t*tt***t¡tfll E R E AF T E Rtr¡r*t*t**tt*t****ti*rrf t*ttti*itttt*ttiilt**lttlt**i**i*t**tt**tri****t*tt*tt**t*it*¡r*r *tt*i*iti*t**irttttiii*i****tti**¡rt*i*tt*tt***rt¡Í*¡*tt*t*tt**** I FLOW: 38.453 cfs I lFLOVir 38.453 cfs | ------ISOURCE: Cottonwood Creek, Fe¡ron Creek, San Rafael Ríver I ISOURCE¡ Cottonwood Creek, Ferron Creek, Sao Rafael River ICOUNTY: Emery COUNTY: Emery COM DESC: Paraqrapb #2 PRIORITY OF CSANGE: 93-340, 1BB7; 93-341, 1,BB'1; 93-A52, 6/25/ I913 ; 93-463, 6/25/79'13 ; 93-661, 1,9OOt 93-941, 4/23/I9I8ì 93-913, 3/77/1,893; 93-9'14 | 3/77/1893; 93-91s, 3/17/r893; 93-1054, 3/6/t959¡ 93-7752, 1885; 93-1158, 10/30/I912. Paragraph #22, INSTREAM FLOW PLACE OE USE: Ferron Creek: Erom the streams entrance into the applicants p¡operty located at a poiot t'J. 660 ft. from E4 Cor. Sec. 29, T195, R9E, SLB&M to its conf.luence with the San Rafael River Ìocated at a point N. 410 ft. e E. 835 ft. from the S4 Cor. Sec,27t "1l9St R9E, SLBeM. Cottonwood Cleek: F¡om the streams entrance into the appÌicants property located at a point E. 21,0 fL. from the N4 Cor. Sec. 20, T195, R9E, SLB&M to its conf.luence with tbe San Rafael River located êt a point N. 410 ft. e E 835 fL. from the S4 Cor. Sec. 21, T195, R9E, SLBEM. San R¿fael Rive.: From Lhe r-ivers beginning Ìocated at a point N. 410 ft. 835 ft. from the 54 Cor. Sec. 21, T19S, R9E, SLB&M to its coofÌuence with the Green River .Located at a point N. 160 ft. e E. 375 ft. from the 54 Cor. Sec. 25, 't23s, R168, SLB&M. Paraqraph #24, EXPLANATORY: This chênge appÌication is being filed to inc.Lude instream flow uses as provided in Section 73-3-3.11. It is aÌso subject to the attached MOU beLween the app.licant and Pacificorp/ tbe prior water right owner. !wwv.waterri g l'rts.utah.g oúcblapps/chpri nt.e)€?chnum= a1 7629 'U3 't0t9t13 cHPRINT(a17629) IPOTNT(S) OF DMRSTON ------> I ICHANGED ÀS FOLLOWS: (Click Location link for WRPLÀT) I Point Surfacei I {1) S 150 ft E 3?0 fr from N4 cor. Sec 20, T 19S, R 9E. SLBM f1) S 150 ft E 370 ft from N4 cor, Sec 20. T 19S, R 9E, SLBM DvrLing l,lks i Dvrting úùks: Source: Cottonwood Creek Source: Cottonwood Creek (2) S 635 ft E 1020 ft from N4 cor. Sec 20- T 19S. R 9E. SLBM {2} s 635 ft E 1020 ft from N4 cor, sec 20. T 19s. R 98, SLBM Dvrting l,lks I Dvrtìnq Wks: Source: Cottonwood Creek Sou¡ce: Cottonwood Creek (3) N 705 ft l,ù 535 ft fron E4 cor, sec 20, T 19S. R 98, sr,BM l3) N 705 ft t/'l 535 ft from E4 cor, Sec 20. T 19s. R 98, SLBM Dvrtinq flks: Dvrting !ùks: Source: Cottonwood Creek Sourcei Cottonwood Creek {41 N 1160 fh W 475 ft fron 84 cor, SLBM Sec 20. T 19S. R 9E, I Dvrting llks: Dvrting Wks I I Source: Cottonwood Creek I Source: Cottonwood Creek I l5) N 1030 ft E ?75 ft from W4 cor, Sec 21, T 195, R SLBMI 98, I Dv¡ting f,[ks i I Dvrting Wks Source: CotLonwood Creek I Source: Cottonwood Creek (6) N 665 ft E 1320 ft from W4 cor. Sec 21, T 19S, R 9E. SLBMI I DvÌting flks: I I Dvrting f,ùks: Source I Cottonwood Creek Source; CoLtoowood Creek {?) N 95 ft E 1715 ft from W4 cor, Sec 21, T 19s. R 98, SLBM Dvrting Wks: Dv¡tlng 9^lks: Source: Cottonwood Creek Source: Cottonwood Creek (8) N 490 ft E ?95 ft from s4 cor, sec 21. T 195, R 98, SLBM Dvlting l,f ks: Dvrting Wks: Source: Ferron Creek Source: Fetron Creek {9) N 1010 ft E 2345 ft fron tI4 cor. Sec 28. T 195, R 98, SLBM Dvrting Vùks: Dvrting tùks: Source i Eet¡on Creek Soulce: Fer¡on Creek Dvrhing Wks: Dvrting Wks: Source: Ferroo Creek Source: Ferron Creek (11) S ?0 ft tI 95 ft fron E4 cor. SLBM Sec 29, T 19S. R 98. I Dvrtiog tlks: Dvrting l.lks: Source i Ferron Creêk I Source: Ferron Cteek I {12} N 1320 ft W 1320 ft fron SE cor, Sec 35. T 195, SÌ,BMl R 9E. I Dvrting t^iks: I Dvrting Wks Source: San Rafael River I Source: San Rafael River 113) N 17?0 ft W 720 ft fron 54 cor. Sec 22, T 22S, R 148, SLBM il Dvrting Wks: Dvrting Wks: Source: San Rafael River Source: Sar Rafael River (14) s 750 ft E 210 ft from N4 cor, sec 10. T 23S, R 14E, SLBM Dvrting Wks I Dvrting Wks: Source: San Rafae] River Sourcei San Rafael River {15) S 920 ft E 350 ft fron NW cor, Sec 36. T 23S, R 14E, SLBM Dvrtinq Wks: Dvrting Wks i Source: San Rafael River Sourcei San Rafael River {16) N 850 ft W 1100 ft from 54 cor, sec a5, T 23S, R 16E. SLBM Dvrting Wks: Dvrting Wks: Source: San Rafael River Source: San Rafael Rivel {17ì N 1205 ft E 619 ft SW fron cor. sec 35, T 235. R 168. sr,BM I Dvrting Wks: Dvrting Wks: I Sourcei San Rafael River Source: San Rafael Ríver (18) I | S 150 ft E 80 ft from N¿ cor. Sec 03, T 24S. R 16E, SLBMI 118) s 150 ft E 80 ft fron N4 cor, Sec 03. T 24S. R 15E, SLBMI Dvrtìng Wks: Dv¡ting l,ùks: Source: San RafaêÌ River Source i San Rafael River St¡eam Alt? | No PLÀCE OF USE ------> C¡{ANGED as folloÈsi __NEk-- --NWrz-_ --s!'tt4__ __sElr__ --Ntùk-- --NEk-- --SWk-- --SEk-- IN N S SIIN N S SIIN N S SIIN N S S IN N S SIIN N S SIIN N S SIIN N S SI lr,ù E r'ù El ll.¡ E r,r El ll,ù E 9,t El ¡vJ E W E l14 E W Elll,ù E l{ EllW E W EllW E [,¡ Ell I sec 20 T 19S R 9E SLBM :X** Sec20T1 R 9E SLBM **v.Y. .v** . , I Sec 21 T 19S R 9E SLBM X X Sec 21 T 1 R 9E SLBM X *Y.y.Y.Y{* . I sec 28 T19SR 9E SLBM lsec 28TI R 9E SLBM *x lsec 29 T 19S R 9E SLBM I Sec 29 T 795 R 9E SLBM lsec 01 T2OSR 9É SLBM : X** 01 T 20s R 9E SLBM *LOT lSec lSec 01 T2OSR 9E SLBM 1 01 r 20s R 9E SLBM *LOT 1 +LO'r lSec I sec 01 T2OSR 9E SLBM 2 llSec 01 T 20s R 9E SLBM *LOT 2 *LOT I sec 01 T2OSR 9E SLBM 3 I lsec 01 T 2OS R 9E SLBM *LOT 3 *LOT lsec 01 T2OSR 9E SLBM 4 I sec 01 T 20s R 9E SLBM *LOT 4 lSec 06 T2OSR 1OE SLBM lSec o6 T 20s R 1OE SLBM I sec 06 T2OSR 1OE SLBM *LOT 5 06 T 2OS R *LOT *LOT lSec 1OE SLBM 5 I Sec 06 T2OSR lOE SLBM 9 I sec 06 T 2OS R 1OE SLBM *LOT 9 I sec 2'1 1225R 14E SLBM I Sec 21 T 225 R 148 SLBM 2B I sec T22SR 148 SLBM X X I Sec 28 T 22s R 148 SLBM X I Sec 33 I 225 F. 14E SLBM lsec 33 T 225 R 148 SLBM X I sec 34 T22SR 14E SLBM lsec 34 T 22s R 148 SLBM *x X X I Sec 03 T23SR 148 SLBM I sec 03 T 23S R 148 SLBM 14 **x,x.x.x** lSec T23SR 148 SLBM X lSec L4 T 23s R 148 SLBM *x X x x* * lSec 15 T23SR 14E SLBM lSec 15 T 23S R 14E SLBM X *v.y, . ** . I sec 23 T23SR 14E SLBM I sec 23 T 23s R 148 SLBM *X X I Sec 25 23S R SLBM T 148 I Sec 25 T 23S R 14E SLBM **x x x x** wvvw.waterr¡ g hts.utah.g or/cbl apps/chpri nt.o€?chnurYF a1 7629 2t3 1019t13 CHPRINT(a17629) lsec 26 T 23S R 148 SLBM x* I lsec 26 T 23S R 148 SLBM x* lSec 35 T 23S R 148 SLBM X I lsec 35 T 23s R 14E SLBM X lSec 36 T 23S R 148 SLBM X x* X I lSec 36 T 23S R 148 SLBM x** X lSec 35 T 23S R 168 SLBM x* X I lsec 35 T 23S R 168 SLBM X X X lNÀTURE OF USE ------> ICHÀNGED as follows: IRR = values are in acres. STK = values are in ELU9 meaning Cattle or EquívâIênt. DOM = values are in EDUS neaning Equivalent DonèsÈic Units (ôr FMilies). ------| I ------ISUPPLEMENTAL to Other Water Rights: Yes I ISUPPLEMENTAL to Other Water Riqhts: yes il USED O3l01 - TI/30 | 2452.0000 ELUS usED 01,/01 - 12/31 STKr 2452.0000 ELUS usED 01/01 - r2/3I OTH: OTHER: lnstrêam flow usED 01/01 - 72/37 pu ¡poses NAME: Cottonwood Creek Consolidated Irrioation co NAME: Emely County ADDR: c/o John Jorgensen ADDR: ?5 East Main Streêt 1'70 Nortb 100 East Castle Dale UT 84513 CastÌe Dale UT 84513 NAME : Emery ú{ater Conservaocy District NAME: Eerron lrriqation Company ADDR I c/o Eugene Johansen ADDR I c/o'ltacy Behliog 50 Soutb 1 East 1695 West Mill Road Castle Dale UT 84513 Ferron UT 84523 NAME I Huntingtor-Cleveland Ir¡iqation Company NAl"lE: Mill Ditch ADDR : c/o Varden Willson ADDR: c/o Mark H. Williams 55 North Main 410 South 400 East Huntington ùT 84528 Castle Da.Le UT 84513 NAME: Nielsen and Sen.ior NAME: Paradise Ranch ADDR: (Attorney for protestants) ÃDDRr c/o Guy SeeLy 1100 Eâqle Gate Towel Clawson UT 84516 SaIt Lake City UT 84111 NAI"IE: USA Department of the Interior NAME : V{ilburg Ditch ADDRT Bureau of RecÌamation ADDR : c/o CÌyde Magnuson PO Box 51338 West State Highway 29 Provo UT 84605-1338 Castle Dale UT 84513 NAME : WilsonviÌle Ditch NÀME : ADDR: c/o Ray Jorgensen ADDR I 190 vùest 100 North Castle DaIe UT 84513 EXTENSIONS OF TIME ¡IITHIN WHICH TO FILE PROOF*rrff***rtr*lrttt*ttiÍilr+r***ri*****t**rr+*+t***11+i*t**rrr*i*r**Í*ir+ri*t**rfr**i**i* FI LED 72/16/7998IPUB BEGAN: I PUB ENDEDI I NEWS PÀPER : ProtestEndl PROTESTED: I INo ] IHEARNG HLD: I SE ACTION : IApp¡oved] lActionDate | 01 /27/ 1999 lpRoOF DUE ; OI /3I / 2OO4 ttlt*tt**titrillttit*itttlt******ti**ttt**itl*l+*l*i**rr*¡***trrtf*t**i*tr***t*ti¡trit*tt**rr***i*r*t**i***rrt****t*r**tt***rt***ri* tttt'alliltt**tttt+ttttlltttt+*tt**tr*ti**itttt*t**ttttE N D O F DÀf'Àirt***t*rrt*********i***irrrt*ti*tr+tÍ***ri**tr*i¡*r**r* Ittttttltlaltltl*ttttlttt*l*t*lft**ti**ttt**t***tttr*t**i*rit*tttt+t*ttt**tttrtt***tt**ttt*t***tltt*tr**r**t**r*rt*t*t***tt***r**rrr 'l594WostllorthTsrpþsuit€22o,Po uahDv¡slonofWaterRights | Box146300,saltLakecity.LJtah84l14.6300 | Bo1-sg&7240 Nlatural Resources jAccesBibilitv | | tr'schimr | ft¡vacv Fol¡cv Èl¡cv I BrEroencv Racuation Hsn !ì,\¡r hts.utah.g or/cblapps/chprint.erc?chnunFa1 7629 ^r.waterrig 3t3 Appendix E. Bill of Sale 31 7\fter recorðing,, return to: ' Pivision of Wild.fife Resources 1636 !{est lüorth f'erp1e Sal-t .I¿lte Cit)¡, Utah 84116 '1'jlti BILL OF SALE PACIFICORP, an Oregon corporatiott (successor in interest by merger to Utah Power & Light Company, a Utah corporation), Grantor, hereby sells and conveys all its right, title, and interest in t]le property described on Exhibit "4" to this Bill of Sale to THE STATE OF UTAH, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF WILDLIFE RESOURCES ("Grantee"), for the sum of Ten Dollars ($10'00) and other good and valuable consideration. Grantor ¡nakes no warranty âs to the corrdition of said property. IN ìVITNESS V/HEREOF, Grantor has executed this Bill of Sale by and through its duly autlrorized representativetbislt-/. day of May, 1994, PACIFICORP tL^L Verl R. President Utah Porver, a division of PacifiCorp, an Oregon Corporatiou STATE OF' ) :ss COUNTY O[' ) on the fuday of 1994, pelsonally appeared before nìe, a notary public, Verl R. Tophaln, wlro beiug by lne fi s\ryorn, declared that he is the duly elected and authorized President and CEO of Utah Power, a divisioli of PacifiCorp, an Oregon corporation, and that the r.vithin and foregoing instrument was signed by authority of said corporation, and that he executed the same, WITNESSETH MY HAND A¡ID OFFICIAL SEAL. -n I I I I TH !- -J 2, rft Þ(f fã Pumps and lrrigation Equipment Berkeley Model No. BIOQBN-I pump Detroit 453 4 cylinder engine Fuel Tartk Radiator Miscellaneous hardware mounted on a steel frame 1,200'of 8" dia. x 45'aluminum main line iruigation pipe (26 sections) 2,320'of 3" dia. x 40' aluminum inigation pipe (58 sections) 2 each4rr x 3rr valve openers 2 each Big Gun Carts with Nelson F-100-R Big Guns I each 8" x 6" reducer I each 6" surge end plug I each diesel motor with pump, fuel tank, and trailer I each pipe trailer 4rt x 3" SBS - ABC - ONL valve opener Appendix F. Plans and Reports San Rafael Drainage Management Plan Paul Birdsey, Justin Hart, Kenneth Breidinger,2}t} Effects of Flooding and Tamarisk Removal on Habitat for Sensitive Fish Species in the San Rafael River, Utah: Implications for Fish Habitat Enhancement and Future Restoration Efforts Daniel L. Keller, Brian G. Laub, Paul Birdsey, David J.Dean,2014 Application of Science-Based Restoration Planning to a Desert River System Brian Laub, Justin Jimenez, Phaedra Budy,2015 Restoration and Monitoring Plan for the San Rafael River, Utah Brian Laub, David Dean, Jeremy Jamecke,2013 32