Richard Parrott 1389 East 4400 North Buhl, 10 83316 Telephone: (208)308-7113

PROSE

RECEIVED

APR O 7 2016 DEPT OF WATER RESOURCES

SOUTHERN REGION

Before IDWR, In the matter of application for Transfer 79357 and 79380

RICHARD PARROTT

Petitioner,

vs

IDAHO DEPARTMENT OF WATER RESOURCES ANO Gary Spackman, in his official capacity as Director of JDWR

Respondents,

and

CEDAR RIDGE DAIRY LLC,

Intervenor

Copy to water court

) ) ) ) ) ) ) ) ) ) ) ) } ) ) ) ) ) )

April 7, 2016

case No. CV-42-2015-4552

Request Director to include and fulfill the record as it exists

COMES NOW the Petitioner, Richard Parrott, to add 47 page document supporting

transfer to J-3 Dairy.

FACTUAL BACKGROUND

l. Leno was not using the well in the time frame necessary to grant a transfer .

2. Insufficient proof was offered in the form of diesel receipts.

ORDER SITTUNG THE AGENCY RECORD -Page 1

3. Google earl images since 2000 show no beneficial uses (green) during appropriate time

period.

4. Exhibit A reveals the hearing officer was taking notice of past (unprotested) decision and

he relied on Cedar Ridge council for information.

RESPECTFULLY SUBMITIED,

ORDER SETTLING THE AGENCY RECORD -Page 2

RICHARD PARROTT, 208-308-7113

Richard Parrott

Pro-Se

1 (Transcript of Proceedings.) 2

3 HEARING OFFICER: Good afternoon. My name is

4 James Cefalo. rm the program manager from the 5 Department of Water Resources In the Eastern Regional 6 office located in Idaho Falls. I'm the hearing officer 7 on behalf of the Department. Sharta Cox is also from 8 Idaho Falls and is assisting me with the hearing.

9 The purpose of this hearing is to receive 10 evidence and testimony In connection with applications

11 for transfer number 79380 and 79384 filed under the

12 name of Thomas and Dorothy Leno which have been

13 protested.

14 This hearing will be conducted in compliance 1 S with the applicable provisions of Chapter 2 of Title 42,

16 Chapter 52 Title 67 of the Idaho Code, and the 17 Department's Rules of Procedure. 18 The hearing is beglMing on Thursday,

19 March 19th, at 1:30 p.m. at the SRBA Court located In

20 Twin Falls, Idaho.

21 Present at the hearing today we have

22 Mr. Travis Thompson, an attorney on behalf of the 23 appficants. We have - let me read through this list

24 We have Mr. Conder, Jimmie Concfer as a protestant 25 Leslie Ellsworth still with us?

6

1 Elliott here. So going through the parties, that's who

2 we've got with us. 3 As the hearing officer, I will take official

4 notice of the Department's files for transfer

5 applications 79357 and 79380, past orders and decisions

6 of the Department. the Department's water right records, 7 reports, measurements and streamflow records in the

8 Department's files, and any weU logs and weH dnller 9 reports that may be relevant to this case.

10 At this point I will also take official

11 notice of the testimony, the expert testimony that has

12 been offered in contested case transfer 79384 which was 13 held yesterday and eartier this morning. Expert

14 testimony was offered by Greg SuHivan, Chuck Brockway, 15 DuWayne Klmball, Bill Bonnichsen, and Ed Squires. 16 Did I get everybody? And that expert 17 testimony and the cross-examination of those individuals

18 wiU be incorporated into this administrative record as

19 it pertains and Is relevant to this record. to these 20 contested cases. ~1 With that, I think we're prepared to begin

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 7th day of April, 2016, I served true and correct copies of the foregoing upon the following by the method indicated:

SRBA District Court 253 3rd Ave. North PO Box 2707 Twin Falls, Idaho 83303-2707

Garrick Baxter Meghan Carter Deputy Attorneys General Idaho Department of Water Resources

Cedar Ridge Dairy, LLC Travis L. Thompson Paul Arrington 195 River Vista PL Suite 204 Twin Falls, Idaho 83301-3029

ORDER SETTLING THE AGENCY RECORD -Page 3

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