War Memorial Hall (American Legion) 515 East 2nd South; Mountain Home, ID 83647
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MEETING
WEDNESDAY, 7:00 PM AUGUST 11, 2004
Location: Glenns Ferry City Hall, 204 East 2nd Avenue; Glenns Ferry, Idaho.
Chairman Nettleton called the meeting to order, and established a quorum. Members of the Elmore County Planning and Zoning Commission present were Chairman Nick Nettleton, Vice-Chairman Al Sobtzak, Patty Osborn, Doug King, Courtney Hiler, Todd Waite and K.C. Duerig. Also present were Attorney of Record Phil Miller, Danette O’Donnell and Hermila Kuannark, Staff.
PUBLIC HEARINGS
Commissioner Duerig recused himself due to conflict of interest.
ROCKY MOUNTAIN LAND AND CATTLE
Chairman Nettleton stated what the Commission was allowed to take into record as far as testimony.
Scott Campbell, attorney representing Rocky Mountain Land and Cattle. Hal Hawkins gave some background information. They have additional information. Rich Carlson, attorney for King Hill Community, stated he objected to gathering of new information and evidence. Chairman Nettleton stated he will note the objection in the record. New information will be permitted.
Scott Campbell gave handout to the Commission. This handout included and affidavit from Kent Foster with four different documents attached. He felt the evidence show they had valid water rights (state lease and domestic stock water right) at the time for 2166 animals. Also, they have water right for up to 2827 because of the application priority date was December of 2001, approved by DWR on May 8, 2003. There was general discussion between the Commission, Scott Campbell and Hal Hawkins regarding number of animal units versus head, history and background of water rights.
Rich Carlson, attorney for the King Hill Domestic Water and Sewer Association, presented a letter with attachments. The Commission must determine what water rights were established as of April 30, 2002, not May 1, 2002. All he has seen in the record is unsigned undated application to rent water was sent off on May 1, 2002. The water right they had from domestic stock water allowed them to water 1083 cattle. If they watered more than that they became an illegal operation, and since they must maintain a legal operation, they cannot be grandfathered. He discussed more with Commission members regarding grandfathering and the date of April 30, 2002. P. Miller asked about water right with the priority date of 2001. R. Carlson stated they should not get into it. Initially there was a transfer application, however he does not want water law to be confused with county law. He stated all RMLC had on April 30, 2002 was domestic stock water rights for 1083 head. C. Hiler stated the judge stated they are to use Ordinance 2001-3 as the ordinance. She cannot find in the ordinance where they have to prove water rights. R. Carlson stated the whole concept of grandfathering is that they are legal.
K. C. Duerig stated he felt the application could be complete, but was not accurate. Photocopies in application do not allow someone to extract information needed. Site plan should be a drawing not pictures. On water rights, they had rights on April 30, 2002 for 1083. On May 1, 2002, they had the water rights for the rental agreement for more, but not on April 30, 2002. Chairman Nettleton asked if they are allowed to consider the accuracy of the aerial photos. P. Miller stated he did not think so. K. C. Duerig stated the Findings from the judge included asking the Commission to look at accuracy.
Wes Wootan stated he wanted to say if the application was accepted by Planning and Zoning, that should mean it is complete. Also when water rights are permitted, the application date becomes the legal date.
Harry Knox stated his family bought farm in 1951 operated until 1972. He is familiar with water rights and CAFO. This is the only CAFO that has been on the property. He agrees with what Mr. Carlson has said. Pamela Knox stated she concurred with Harry.
Debby Bross stated she wanted to point out on their application they state they were an existing feedlot in operation since 1999. However, in Aug 2000, they had a community barbeque at the property to let community know they were going to approach Planning and Zoning and ask for the zoning on the property to be changed to allow a child treatment program. It did not work out because of problems. She felt that in order to be grandfathered it would have to be a continuous operation.
Scott Campbell stated in response, on April 30, 2002, there were two water rights for domestic stock water, which totaled 1083 head. However, on that date they had water right entitlements by an approved water bank lease, which is a legal process to use water. Kent Foster;s affidavit shows the water right lease, which was approved by DWR on April 24, 2002, six days before the date in question. He felt the Commission is not restricted to the evidence in existence on April 30, 2002, because the hearing was after and other evidence was submitted . Water law must be looked at along with county law, water rights date back to when the application was made, therefore they had a water lease, a valid water right entitlement, and the water right application dated back to 2001. Have to follow what the judge asks for. P. Miller asked if the relation back document allow that water to be used before that document is approved. S. Campbell stated no, but in this case the lease is the same as having a water right. P. Miller asked if they had a copy of the approval referenced by Kent Foster of the lease being dated on April 24, 2002, has anyone seen this. S. Campbell stated he did not think that Foster has copies of the document, unless they could find evidence that he is fibbing. P. Osborn stated it would certainly be permissible.
Chairman Nettleton asked if he could take questions from Mr. Carlson. P. Miller stated yes, as long as Mr. Campbell has opportunity to respond. Rich Carlson asked if they could have an opportunity to review Mr. Fosters affidavit.
Hal Hawkins stated he has the water rights numbers they had. Also he wanted to read from the Planning and Zoning minutes of the meeting, Wednesday, May 1, 2002. He stated the office told them it was complete and the minutes from this meeting show that. If the application is inaccurate, then it falls on the office. P. Miller stated the judge decided because of the water thing, everyone screwed up.
Chairman Nettleton stated they will schedule the next meeting for October 6, 2004, in this building. The will accept written comments until September 15, 2004, in response to the documents submitted. He adjourned the public hearing.
REGULAR MEETING
ROCKY MOUNTAIN LAND AND CATTLE
A. Sobtzak motioned to postpone this agenda item until October 6, 2004. P. Osborn seconded. Aye vote was unanimous.
MEETING ADJOURNED
_____________________________________
Nick Nettleton, Chairman Date
Attest:_________________________________
Bonnie Sharp, Senior Planner Date
