Document 136-3
Filed 08/01/2008
Page 1 of 20
IN THE UNITED STATES COURT OF FEDERAL CLAIMS A. DEAN OSWALT ET AL., Plaintiffs,
)
No. 97-733C (Judge Futey)
F~ECE~VE~~
DEC g 1998
U.S, COURT OF FEDERAL CLAIMS
UNITED STATES, Defendant
) )
OFFIOE OF THE CLERK
DEFENDANT'S STATEMENT OF GENUINE ISSUES
Pursuant to Rule 56(d), the Government provides the following statement of genuine,
iSSUeS:
4.
Defendant disputes both the relevance and the accuracy of the facts alleged in
paragraph four. The number of acres of crops is not relevant to any issue of contract interpretation or breach, and plaintiffs failed to provide documentation to support the factual allegations regarding the number of acres of crops. In addition, this statement is premature because there has been no discovery on this issue. 7. . Defendant agrees that plaintiffs were obligated to pay annual Operation and Maintenance (O&M) assessments prior to receiving irrigation water. However, defendant disputes plaintiffs' allegation that they either paid the O&M assessments or made satisfactory ~ul~uagements to pay them. Plaintiffs admitted that they did not pay the O&M assessments in a timely fashion, prior to the beginning of the 1994 irrigation season. Requests for Admission, App. at I-4, Domondon Affidavit, App. at 5-6, Howerton Declaration, ¶ 7, S. App. at 4. Moreover, the record indicates that the Oswalts did not make satisfactory arrangements to pay these assessments because they did not sign any promissory notes during the 1994 irrigation. Howerton Dec. ¶ 8, S. App. at 4.
SA1
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 2 of 20
8.
Defendant disputes the relevance of the facts alleged in paragraph 8 of plaintiffs'
proposed findings of uncontroverted fact. 9. Defendant disputes the relevance of the facts alleged in paragraph 9 of plaintiffs'
proposed findings of uncontroverted fact. 11. Defendant disputes the relevance of the facts alleged in paragraph 11 of plaintiffs' proposed findings of uncontr.overted fact. 14. Defendant disputes the relevance of the facts alleged in paragraph 14 of plaintiffs' proposed findings of uncontroverted fact. 19. Defendant disputes the facts set forth in paragraph 19 of plaintiffs' proposed findings of fact. The record demonstrates that plaintiffs were not entitled to irrigation water because they had not paid their O&M assessments, nor made satisfactory payment arrangements. Howerton Dec., S. App. at 3-4. Moreover, WIP went to great effort to provide irrigation water but were unable to do so due to the 1994 drought. Cartmell Dec. 11 3-5, S. App. at 39-40; Cartmell Affidavit 11 4-6, App. at 200-201; Oberly Affidavit, 11 6-8, 11, App. at 177-80, supplemental Oberly Affidavit, I¶ 6-8, App. at 192-93. In addition, there is no evidence that the water shortage during the period of June 10, 1994 through July 24, 1994 was the sole cause of plaintiffs' crop loss. 22. Plaintiffs dispute the facts alleged in paragraph 22. The water shortage was caused by a calculation error made by WIP, but was caused by the drought. Cartmell Dec. 15, S. App. at 39-40, Cartmell Affidavit 11 5-6, App. at 201-202; Oberly Affidavit ¶ 9, App. at 178. Moreover, Mr. Cartmell did not advise Mr. Oswalt that a calculation error occurred and does not recall such an error. Cartmell Dec. ¶ 5, S. App. at 39-40. Similarly, Mr. Anteloupe lacked 2
SA2
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 3 of 20
knowledge regarding the calculations of water available. Cartmell Dec. ~1 7, S. App. at 40. Respectfully submitted, FRANK W. HUNGER Assistant Attorney General DAVID M. COHEN Director
Deputy Director
!'
December 2, 1998
NEM. Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street Washington, D.C. 20530 (202) 307-0290 Attorneys for Defendant
3
SA3
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 4 of 20
CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that on thisof December 1998, I caused to be placed in the United States mail (first class mail, postage prepaid) copies of "DEFENDANT'S STATEMENT OF GENUINE ISSUES " addressed as follows: J. Jay Caroll Velikanje, Moore & Shore, Inc., P.C. 405 East Lincoln Avenue ,:PO Box C2550 91
SA4
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 5 of 20
IN THE UNITED STATES COURT OF FEDERAL CLAIMS A. DEAN OSWALT ET AL., Plaintiffs,
UNITED STATES, Defimdant
) ) ) ) ) ) )
No. 97-733C (Judge Futey)
DECLARATION OF HARRY CARTME~L My name is Han'y Czrtmell. I am ov~" 18 years of age and have personal
knowledge of the facts sot forth in this declaration.
2. I began working for Wapato Irrigation Project ("WIP") in 1977. I retired fzom
WIP in 1991.However, in June 1994, Acey Oberly, who was then the Proj~t AdminisWator for WIP, asked me to assist the WIP during the 1994 drought. Sines September 1995, I have been employed as the Irrigation SystemsM~maggr at W~.
3. In June 1994, I was hired to assist the Irrigation Systems Manager in supervising the WIP watermasters and in distributing the little water allocated to the WIP during the drought. As explained in my affidavits dated June 27, 1997 and June 30, 1997, distributing water during the drought was a very difficult task because of the drought. ¯ -,. ,~ ~,~ espe~irdiy ?,:.~uit to provide wa~er to the Osw~ts beea-ase the i~d they
farm is located in the lower Wepato and Satus units. Indeed, as explained in my June 27, 1997 affidavit~ the drought made it impossible to deliver sufficient quantifies of water to the lower Wapato and Sat-as units. 5. The Oswalts' contention that they did not receive water from June 10, 1994 to July 24, 1994 because WIP made an error calculating the water available is not true. I am not aware
SA5
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 6 of 20
of'any c~Iculation error that prevented the delivery of water. Instead, the drought mad~ it impossible to deliver sufficient water. 6. I did not advise De, an Oswalt that WIP made an error regazding the amount of water available. Nor did I advise D~an Oswalt that an ¢u'ror caused the water shortage. 7. Dana Ant~Ioup¢, the other individual who may have allegedly advised Mr. Oswalt
that a cal~lation error was made, was not in a position to be famili~ with the caloulafions of available water. Mr. Anteloupe was employed as a "ditchrider" during the 1994 irrigation season, and his responsibilities were limited to delivering water. Hr was not involved in the dr~isions regarding the allocation of water. I declare under penalty of p~rjury that the foregoing is trur and correct. Ex~ute, d this ~ day of ):~ ,," e-/-~7 ~:/t , 199E.
Han'y Cartmell -
SA6
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 7 of 20
1 JAMES P. CONNELLY United States Attorney 2 BRUCE E. DIDESCH Assistant United States Attorney 3 Post Office Box 1494 Spokane, WA 99210-1494 4 Telephone: (509) 353-2767 5 6 7 8
Vo
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
A. DEAN OSWALT et. al., Plaintiffs,
9 UNITED STATES OF AMERICA i0
Defendant.
ii 12 13 and states: 14 15 16 17 18 19 20 2122 23 1.
) ) ) ) ) ) ) ) ) )
NO. CY-9~-3133-LRS AFFIDAVIT OF ACEY OBERLY, JR.
ACEY OBERLY, JR., being first duly sworn on oath, deposes
I am a Program Analyst for the Bureau of Indian
Affairs, (BIA), Yakima Agency. I have held this position since 1988, except for the period from December 1992 to September 1994 when I was the Project Administrator for the Wapato Irrigation Project. (WIP). 2. The Yakama Reservation was experiencing one of the worst droughts on record during the 1994 growing season, which placed a severe burden on our ability to deliver a sufficient supply of water to all of the farmlands within the project. The farmlands within the lower Wapato and Satus Units were especially
24 difficult because they lie at the end of the Project and rely 25 primarily on return flow. 26 27 28
AFFIDAVIT OF ACEY OI~ERLY, JR. " 1 PTO618jm.l:,de
3. On May 18, 1994 the U.S. Bureau of Reclamation notified all Yakima Reservation Irrigation District managers that each
SA7
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 8 of 20
i 2 3 4 5 6 7 8 9 io Ii 12
District would receive 35% of proratable storage water entitlements for the 1994 season. See attached U.S. Bureau of Reclamation news release dated May 24, 1994, exhibit A. 4. As a result of this notification, BIA Project personnel (including the Project Administrator, the Supervisory Civil Engineer, the Irrigation System Manager and the watermasters) met to develop a diversion plan for the season. After considering the growing season, historic demand, current demand, and consultation with the Yakima Reservation Irrigation District Board of Directors, the attached plan dated June I, 1994, exhibit B, was adopted and the Wapato Irrigation Project notified the Bureau of Reclamation of the plan. 5. At this time the Project also adopted delivery schedules
14 15 16 17 18 19 20
for each of the units of the Project, exhibit C. These delivery schedules were given to all ditchriders as a guideline for setting each of the delivery turnouts based on the number of acres of "A" and "B" land served from that turnout. The Project also adopted a water distribution plan to ensure an equitable distribution of the available water to each major lateral and subdivision of the Project.
22 23 24 25 26 27 28
the U.S. Bureau of Reclamation that the water supply conditions had deteriorated somewhat and only 34% of proratable entitlements would be available to each district, exhibit D. Adjustments were them made to the diversion and distribution schedules to reflect this change. On July 8, 1994 U.S. Bureau of Reclamation announced that conditions had improved somewhat and that 39% of
AFFIDAVIT OF ACEY O~ERL¥, JR. ~ 2 PT~61Bjm.bc~e
SA8
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 9 of 20
1
proratable entitlements would be available to the Districts, exhibit E. 7. After the July 8 Reclamation announcement, the BIA Wapato Irrigation Project made a significant revision of the diversion schedule and the distribution plan. Diversions were increased from 1150 cfs to 1300 cfs for approximately 30 days (to be returned to the original schedule) in order to try and meet increased crop water demands and decreased canal distribution efficiency caused by warmer than normal temperatures this summer. 8. Given WIP's reduced water entitlement for that year, allocating water throughout the Project was a monumental task that required decisions to be made on where, when, how long and. how much water was to be delivered to the various Project laterals. 9. Because of substantially reduced return flows,
2
3 4 5 6 7 8 9
lO
Ii 12 13 14 15 16 17
transmission losses and less natural recharge from the water table due to a series of years of drought, it was especially difficult to get water to the lands at the lower end of the Wapato and Satus Units. i0. I instituted a number of measures to deliver water to those lands. I hired Harry Cartmell out of retirement in June 1994 because of.his knowledge of the system operation. We developed a plan for delivery for the summer based on a projected allocation of 35% of proratable storage water entitlements.
18
19 20 21 22 23 24 25 26 27 28
AFFIDAVIT OF ACEY O~ERLY, JR. - 3 PTO6~Sjm.bde
SA9
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 10 of 20
1
2 3 4 5 6 7 8 9 i0
In consultation with Bureau personnel and the W.I.Po Project Engineer, we determined it was necessary to allocate some of the water for later in the irrigation season, when water was especially critical for crops, to avoid even greater crop losses than we anticipated. I authorized farmers to pump water from drains in addition to receiving delivery from the laterals, if no delivery was required below the point of withdrawal. I established a rotation system. I allowed water transfers between parcels, provided the farmers received approval from WIP, BIA Realty and the
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
landowners. WIP worked with the Bureau of Reclamation to reactivate a series of wells within Wapato and the Satus Units to provide emergency water, as well as to authorize use of WIP equipment to pump ponds, sloughs, gravel pits and any other available water source. I requested the Yakama Council to authorize the emergency pumping and use of the Tribe's groundwater for irrigation. ii. Since the system is only metered at the head of the New Reservation Canal on the Yakima River and the main laterals, the delivery of water to a particular field under drought conditions is an 'inexact process. The ditchriders were directed to deliver water on a proratabasis, and the decision making with regard to the amount distributed to any particular lateral at a given time was ~oordinated from my office down to the ditchriders in consultation with the Bureau of Reclamation. Allocating the
AFFIDAVIT OF ACEY OBERLY, JR. - ~ PTO618jm.bde
SA10
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 11 of 20
1 2 3 4 5 6 7 8 9 io, Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
water and ensuring its distribution throughout the system entailed a series of decisions by me and my staff, beginning in January, 1994 when the first supply forecasts were provided, to October, 1994, when the system was shut down for the season.See the Diversion and Distribution Plans for 1994 attached as exhibits B, C & F. 12. A number of disgruntled farmers filed an action in the Acquavella case, which was pending in the Superior Court, challenging WIP's actions in responding to the drought. I prepared an affidavit at that time, which was filed by Mr. Charles E. O'Connell, an attorney from the Indian Resources Section of the Environment and Natural Resources Division of the Department Of Justice. A copy of the affidavit is attached as Exhibit G and incorporated herein. DATED this ~7~N day of June, 1997. --
ACEY OBERLY JR.
SUBSCRIBED AND SWORN TO this ~7~-[ day of June, 1997.
~ota~y Public in ~nd for the State of Washington, residing
AFFIDAVIT OF ACEY O~,ERLY, JR. - 5 PTO618~m.I:,de
SA11
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 12 of 20
UNITED
STATES
DE PARTMENT of the INTERIOR news release
~OR IMmeDIATE RELEASE B~,EAU OF RECL~TION YAKIN~ ~IELD OFFICE got further information Brian Person ~P 509-575-5848 May 24, 1994 Continuing analysis of the Total Water Supply Available (TWSA) indicates thatthe proration level must be reduced to assure that Non-Proratable districts' entitlements, including "heretofore recognized" water rights, can be satisfied through September 30, 1994. The level of proration necessary to meet.contractual obligations for the remainder of the season is 95% of pror~tah]= entitlement. This level cf rationing will apply to each districts' proratab!e water supply in proportion by vc!ume to their proratable entitlements in acre-feet from May 1 through September 30. -~" This process of pror~lon_ng ~ill give each dis~r _c~ the flexibility to develop a diversion schedule that will least impact their pa_~icular users' or users' crop water ne~. Some . districts may choose to app!':, the proration ecua!!y to the entire irrigation period, whereas others may opt for a less restrictive suDolv during certain periods, couD!ed with early shutoff. In any case, a district's preratable diversions must not exceed 35% of th~ Hay 1 to Seot_mD_~ ~0 proratable entitlement, nor may any district exceed entitlement level ofdlve___on'" ~ in any given period or in total. Several factors contributed tca decline in the level cf .proration. Apri! through mid-May pan evaporation levels for Yakima have been well above average. The main snowpack runoff appears to be over. Rainfall for Hay to date is running below average, continuing the low. precipitation levels experienced so far this water year. Operations for the remainder of the season will be very dependent upon future weather conditions, districts' decisions regarding use of their remaining water supplies and the timing of some districts' shutoffs. The Yakima Field Office will continue to analyze the supply and demand situation and further revise the proration against Hay 1 to September 30 proratable entitlements as necessary.
SA12
Case 1:97-cv-00733-BAF
United States Depart.~,,ent o,r the Interior
BUREAU OF' INDIAN AFFAIRS .Wapato Irrigaticr, Projec,' P.O. Box 220 Wapato, Washington, 98951
Document 136-3
Filed 08/01/2008
Page 13 of 20
June I, 1..4
£rian Person, Yaki~a Project Manager United States Bureau of Rec!amaticn Yakima Project Office 1917 Marsh Road Yakima WA, 95901
Dear F!r. Person:
DATE 01/F!ay 0o/May 24/14;v--. 06/Jun 16/Aug 29/Aug 31/Oct
D~..S 7 ~ 13 71 !3 63
TOTAL CFS !, 200 ~,-.~0 _~,300 i, 150 £50 720 OFF
~TOPJ-.~= CFS 480 730 580 430 230 0
S TOP~.GE BA~_~_.NCE ACRE £T 111,475 104,811 8~,645 66,690 6,137 206 206
This schedule reflects the 35% prsraticn of reservoir storage ¯ a!!ccations as dete~ined by your. May 24 TWSA forecast. This schedule may be "4÷4~ mcc ..... if oDera&inc conditions change during ~..= sa~son. ~n that event WZP willp_~v_e~~^ ~ "~ you with advanced notice of any changes in un!s schedule.
Sincerely,
Acev Ober!y, Jr. Wapatc irrigation Project Administrator
SA13
Case 1:97-cv-00733-BAF May 23, iggl
R£PLY TO
Document 136-3
Filed 08/01/2008
Page 14 of 20
memo~Qndum
Irrigation Program Specialist Water Dls~rzbu~lo;. for various units on WZ
Supervisory Irrigation System Operator, Watermasters Attached is a chart for distribution of water based on the n~mber of &cres and the unit that the lands are located in. The infor~ation is based on the followin~: I) Wapato Unit - Includes gravity distribution system below the Bench and the non-pu~.p areas of the Sa~us Unit. DIS~IBUTIO~ - 1 CFS per 40 a~L~= .
2) Bench Area - Al! lands cn the bench area inc!udinq Unit 1 pump, Unit 2 and Island P,'~,p Canals; and the Main Canal Exzension. DIST~IBUT_ION - ! CFS per 65 acres 3) Satus Unit ~u~p lands in Satus 2 and Satus 3. DIS_9/R_XBUTIO~; - 1 C~S per 55 acres
SA14
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 15 of 20
WAPATO IRRIGATION PROJECT RETURN FL~ EFFECTIVE DATE: ~'~ Jane
GROSS DI STR I B RATES @ TOTAL R I VER D I VERS IONS OLD RESERVATION CANAL Ab'OED SPILLS: DRAIN 1 DRAIN 2 AVAILABLE AT TRACK LATRL
efficiency factor "A" "B" FRORAT I ON 58g 25~ (NOT DELIVERY RATES) CFS 1150
50 4 30 84 C~S (::~'S CFS CFS REQUIRED DIVERSION
EQU I VLNT ACRES ACRES
TRAC~ LATERAL
ADC~D SP ILLS : DRAIN 3 G&P1 P b~'~'
AVAILABLE AT SPENCER LAT
7887
35 2 39
7887
CFS G'FS CFS
82
CFS
E~I~ ACRES A~ES SPENCER LATERAL ADDED SP ILLS : I:,~A I N 4 LATE~.AL 4 AVAILASLE LAT 4 EXTENSICN 2109 0 40 57 E.::::U I VLNT ACRES ACRES LATERAL 4 EX-TENSIGN AL-'OED SPILLS: I'%~.RI¢-~I DRAIN WANITY SLCXJGH AVAIL~,BLE SAT'US FEEDER 5219 270 0 273 5219 CFS C~S CFS 2"109
REWIRED DI~RSION
22
CF$
REQU I RED DIVERS ION 54
EQLI I VLNT ACRES ACRES
RE(IUIRED DIVERSION 47 CFS 9 47 74 C~$ 177 C~S RE'~JIRED
SATUS EAST LATERAL. SATUS WEST LATERAL SAT'US Ii Pt,,b"P CANAL SATUS III PLt'IP CANAL t"IAR, ION DRAIN FISH LADDER
PASS THRU HARRAH DRAIN
4564 853 6229 9750 20
4564 853 4530 7120
SA15
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 16 of 20
WAFATO IF, F, IGATION PROJECT P~A!N CANAL DISTRIBUTION SCHEDULE
EFFECTIVE DATE: TOTAL RIVER DIVERSIONS OLD RESERVATION ~ EFFICIENCY ADJUSTED FLC~ .... PASS THRCt~ FLC~S: ~IN 2 ~R~ D~I N ~R~ 4 TOTAL FLOAt AVAILABLE, NO 1150 50 1025 ~ 0 40 955 C:FS C~S C~S
mS
eff factr 93.20~
~S ~S ~S (~FS
LATERAL M - 45 M - 68 H - 80 M - 119 H - 137 BEAT 24 BEAT 21 HA IN EXTENSION UNIT 1 PL~ CANAL DROP I LATF_,RAL I - 254 WILBUR B&~T 24
ACRES 556 918 543 662 804 1032 282 12620 9672 9432 378 2367 364 1880 10608 276 97 375 308 14602 275" 300 3180 18226 89756
ECXJAVALENT % PRO RATA I~F._ASUR, ED ACRES TOTAL (CFS) (C~S)
DATE
556 918 543 662 804 1032 174 7766 5952 9432 378 1455 364 1880 10608 276 60 375 189 14602 27~ 300 1957 18225
0.71% 1.17~ 0.69~ 0.84~ 1.02~ 1.31,~ 0.22~ 9.86~ ?. 55% 11.97% 0.48% 1.85% 0.46~ 2.39~ 13.4~ 0.35~ 0.08~4 0.45~ 0.24~ 18.53~ 0.35% 0.38% 2,48~ 23.i3~
7 11 7 8 10 13 2 94 72 114 5 18 4 53 129 3 I 5 2 177 0 3 4 24 261 1025
DRC~ 2 DRAIN 2 (& L.AT 2-278) LATERAL 2 H - 457 H - 512 BEAT 24 DROP 3 I'1- 528 LATERAL 3 HARRAH DRA I N BEAT 24 M - 577 !SI.._,~I,,D_ PLI'dP CANAL LATERAL 4
I'tAIN CANAL TOTALS
78785 100.00%
SA16
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 17 of 20
UNITED STATES
DEPARTMENT of the INTERIOR news release
FOR IMMI~DIATE RELEASE
BUREAU OF RECLAMATION YAKIMA FIELD OFFICE
For further |nforrnalion Brian Person ~ 509-575-5848 June 8, 1994
Continuing analysis of the Total Water Supply Available O"WSA) indicates that the proration level must be reduced to assure that Non-Proratable district entitlements, including "heretofore recognized" water rights, can be satisfied ....... ,- ,',^-,^-~.,,.. ,an !994 "r~ I~.v~.I hi" proration mrvugn necessary to meet contractual obligations for the remainder of the season is 34% of proratable entitlement. This level of diversion will apply to each district's proratable entitlements in Acre Feet from May. 1 through September 30. This process of prorationing will give each district the flexibility to develop a diversion schedule that will least impact their particular crop water needs. Some districts may choose to apply the proration equally to the entire irrigation period, whereas others may opt for a less restrictive supply during certain periods, coupled with early shutoff. In any case, a district's proratable diversions must not exceed 34% of it's May I to September 30 proratable entitlement, nor may any district exceed entitlement level of diversion in any given month. Operations for the remainder of the season will be very dependent upon future weather conditions, district decisions regarding use of their remaining water supplies and the timing of some individual district shutoffs. The Yakima Field Office will continue to analyze the supply and demand situation and further revise the proration against May 1 to September 30 proratable entitlements as necessary.. Irrigation districts and water users are urged to phone in requests for changes in water diversion - a minimum of 48 hours in advance -- to Stephen K. Fanciullo at 509-454-5621. Storage conditions as of June 1 were as follows: RF..SERVOIR Keechelus Kachess Cle Elum Bumping Rimrock
TOTALS
CONTENT (AF] 122,910 99,330 277,5z10 29,150 126,780
655 710
TOTAL CAPACITY 157,800 239,060 436,900 33,700 198,000
1,065,400
pERCENT
CAPACITy 78 42 64 86 64
62
Reservoir Content has decreased to 651,898 acre feet as of June 8.
SA17
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 18 of 20
UNITED
STATES
DE PARTMENT of the INTERIOR
*****************~*~***~~*** news release FOR I~LHEDIATE .RELEASE '" "
, .For further inforaatlo~ .. Brian July 8, ~994 YAKI~ PROJECT
Continuing analysis of the Total Water Suo~ly Available (TWSA) indicates that the proration level may be'increased and still assure that Non-Proratable district entitlements, including "heretofore recognized" water rights, be satisfied through September 30, 1994. The level of Proration necessary to meet contractual obligations for the remainder of the season is 39% of proratable entitlement. This level of diversion wil! aDDIy to each district's proratable entitlements in Acre Feet fr~ ~ay 1 through September 30.
This process of prorationing will give each cls~._c, the flexibility to develop a diversion schedule that will least impact their particul~r crop water needs. Some dis~ric=s may c..c_.__ to aPPly., the proration ecually, tb the entire l__~_~n'~?-~ period, whereas other may opt for a less restrictive supply during certain periods, coupled, with early shutoff.= ~ In any case, a district's proratab!e diversions must not exceed 39% cf ~t's Hay ! to September 30 proratab!e entitlement, nor may any di~trict exceed entitlement leve~ of diversion in any clven month. Oee_at_ons for the remainder of the season wi~1 be ve*v dependent. .. upon. future weather conditions, distric~ decisions regarding use of their remaining water supplies and the timin~ of so~.e individual district shutoffs. The Yakima Field Office will centinue to analyze the supply and demand situation and further revise. :~ the proration against May 1 to September. 30 proratable enz.~lements as necessary. Irrication districts and water users are urged to phone in [equests for changes in water diversion -- a minimum of 48 hours advance -- to Stephen K. Fanciullo at 509-454-5621.
Storage conditions as of July 1 were as ~ollows:
.... ~R O_R Eeecheius Kachess Cle Elum BumDin~ ~mroc~ TOTALS
CONTENT
126,270 78,160 240,170 28,100 140,050 612,750
TOTAL CAPACITY
157,800 239,000 436,900 ~3 700 198,000 1,065,400
~ERCENT C~DAC~TV
~0 33 55 83 71 58
Reservoir Content has decreased to 584,282 acre feet as of July 8.
SA18
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 19 of 20
United States De.~r~rtment oF the Interior
BUREAU OF INDIAN AFFAIRS Wapa~o Irrigation Project P.O. Box 220 Wapato, Washin~ion, ~951 July 12, i~,, Brian Person, Yakima Project Manager United S~ates Bureau of Reclamation Yakima Project Office 1917 Marsh Road Yakima WA, 98901 Dear Mr. Person:
The fo!lowing table outlines t~qe Waoatc irrigation Project revisa=" diver=~. plan ~c~ th= 19.~ I~cat~cn Season
DA?E 0 !.l>!ay O~/:..ay 2~/~.~ay 06/Jun l~,/Ju! i~/~uc " " '~ 23/Auq 30/Aug ~2/Oct
EAYS 7 ~~ !~ 3~ 32
CFS !, 200 I, 450 !,300 ~ 150 1,300 !,_ ~50 950 720 OFF
CYS 480 z ~0 580 ~30 5S0 430 230
ACRE ~T 124,215 117,551 ~4,38~ 7~,430 47,02~ 10,209 3,386 193
8
7 53
This schedule reflects the 39% proration of'reservoir st.orage allocations as determined by your July 8 TWSA forecast. This schedule may be modified if operating conditions change during the season. In that event WIP will provide you with advaDced notice of any' changes in this schedule.
Acey Oherly, Jr. Wa~atc. T~-'_~.~c~.-~_Cn
Project
SA19
Case 1:97-cv-00733-BAF
Document 136-3
Filed 08/01/2008
Page 20 of 20
W#PATO IRRIGAT,O:4 FRO JEST RETURN FL'SW DiSTR I.~,. ...... iVE DATE: Ju~y 11, 19.~-'
GROSS D;STRIBm.-.,'~. ._ . r.'-,,..=A ~ 10[4 L_ ,'--
ODNVEYANCE EFFIC',ENCY
YAKiD'A RIVER DI'v'E=,SIONS RETURN FLO;IS: P'~ & TC T,','SA
96.00%
250 ] ~ CS
O CFS OLD RESERVATION CANAL A~ED SRILLS: DRAIN i DRAIN 2; divr~ed 1gO. CFS b~se flew i0 ~:ZNVEYANC2E LOSSES
~.~,~" AVAILA£LE AT .... LATRL 109 C=S
AC.~c~ 78~7.
#DSED SP!LLS~ DRAIN 3 LAT $ + G~ FUbIP OON~E'f%NCE LOSSES 20 10 -i
o: '
ECUIVLNT ACRES
~ TOTAL
PRO RATA
C=S C=S
:S CFS ASRES 2109 ADDED SFILLS: DRAIN 4 LATERAL g CONVEYANCE LOSSES .AVAILABLE I_AT 4 EXTENSION 25 50 -3 77 %"A" 5T.SS~ CFS G=S CES E~OIVLNT % A.&RES TOTAL i261 1 ~" FRO RATA (C~S)
28
E~mJIVLNT % PRO RATA ACRES %"A" ACRES TOTAL (~S) LATERAL 4 E
5219
"200 0 50 -8 249 ACRES
57.85%
CF'S
3367
4.64~
70
(minus c.per~Lien~1 spills)
E,2aJ I VLNT % ACRES TOTAL 8~.~ 57.85% 5T.85~ 57.85% 2945 550 3215 5053 ~.06% 0.76~ z.43% 6.~ ~ .6,~
PRO RATA (CFS) 61 11 66 ' 104 243
SATUS EAST LATERAL SATUS WEST LATERAL SAT1JS tl ~L2"P CANAL SATIJS III FL~P CANAL
4564 853 6229 9790
SA20
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms