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Board approves due-diligence application to preserve conditional water rights
Summary
After a staff explanation of prior filings and conditional-use rules, the Board approved a six-year due-diligence application to maintain county-held conditional water rights used for road maintenance and related purposes.
Staff and an outside water attorney summarized the county’s prior water-rights filings and the need to submit a due-diligence application to preserve conditional water rights. The presenter explained the federal-state context and that conditional rights require periodic diligence filings to remain viable.
A staff member (S5) described the history: "...about 6 years ago or so, 7 years ago, the feds came in ... they were applying for in-stream flows ... we put in for water rights at this port of the creek ... mainly ... for pulling water out of the creek for road maintenance." The board moved to approve the diligence application, recognized the possibility that the state division could request clarifications, and noted property owners and other rights-holders could oppose the application. The motion was seconded and passed by voice vote.
Staff cautioned that if the diligence filing proceeds to contested issues that produce costs or litigation, they would return to the board for consultation. The board approved the filing to preserve the county’s options for road maintenance and future augmentation uses.
