Water Permit Report: 63-34926(Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney CITY OF BOISE CITY ATTN: SCOTT B MUIR BOISE CITY ATTORNEYS OFFICE 150 N CAPITOL BLVD PO BOX 500 BOISE ID 83701-0500
Attorney BROMLEY, CHRIS M C/O MCHUGH BROMLEY PLLC PO BOX 107 BOISE ID 83701-0107
Current Owner CITY OF BOISE DEPT OF PARKS & RECREATION 1104 ROYAL BVLD BOISE ID 83706
Representative ROLDAN, JOHN PO BOX 500 BOISE ID 83701-0500

Water Permit Status

Priority Date : 5/26/2020
Status : Active

Water Source

Source Tributary Tributary Qualifier
BOISE RIVER SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section QQQ QQ Q County Diversion Type
BOISE RIVER 03N 02E 4 SW SW ADA
BOISE RIVER 03N 02E 5 SE SE ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
RECREATION 01/01 12/31 35.00 CFS
AESTHETIC 01/01 12/31 35.00 CFS
TOTAL 35.00 CFS

Places of Use

Place of Use Legal Description : RECREATION (ADA county)
Township Range Section Lot QQQ QQ Q Acres
03N 02E 4 NW NW
03N 02E 4 SW NW
03N 02E 4 6 NW SW
03N 02E 5 1
03N 02E 5 17 NE NE
03N 02E 5 11 NE SE
Place of Use Legal Description : AESTHETIC (ADA county)
Township Range Section Lot QQQ QQ Q Acres
03N 02E 4 NW NW
03N 02E 4 SW NW
03N 02E 4 6 NW SW
03N 02E 5 1
03N 02E 5 17 NE NE
03N 02E 5 11 NE SE

Conditions

Code Condtions
Aesthetic and recreation uses are for flow through water associated with ponds at Esther Simplot Park.
R05 Use of water under this right may be regulated by a watermaster with responsibility for the distribution of water among appropriators within a water district. At the time of this approval, this water right is within State Water District No. 63.
Prior to diversion of water under this approval, the right holder shall install and maintain a measuring device and lockable controlling works at both point of diversion and the point of retun to the Boise River of a type and at a location acceptable to the Department as part of the diverting works. The point of return shall be located in or near Township 03N, Range 02E, Section 5, NENE.
931 The point of diversion and place of use for this water right include unsurveyed accretion land. The quarter-quarter descriptions have been protracted from the adjacent public land surveys.
027 Use of water under this right shall be non-consumptive.
Water diverted under this right shall be returned to the Boise River and shall not be comingled with water diverted by Farmers Union from the Boise River into its delivery canal.
This right does not authorize the diversion or use of water released from Lucky Peak Reservoir for streamflow maintenance purposes pursuant to water right 63-3618. Pursuant to water right 63-3618, the quantity, duration, and timing of streamflow maintenance releases from Lucky Peak Reservoir are determined accoring to joint written instructions from the United States Bureau of Reclamation and the Idaho Department of Fish and Game to the Idaho Department of Water Resources.
945 Any obstruction in the Boise River channel for diversion of water under this right must provide for watercraft and fish passage. The right holder must bypass sufficient flows in the Boise River at the point of diversion to accommodate watercraft navigation and fisheries values in the Boise River downstream of the diversion. The quantity of the bypass flow may be established in the future by the filing of a petition with the Department to establish the bypass flows and subsequent proceedings as described in the Department’s Rules of Procedure.
004 This right does not grant any right-of-way or easement across the land of another.
020 The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestants and the right holder under separate agreements, dated January 6, 2021 and April 26, 2021, to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of an aggrement not specifically addressed in other conditions herein. Enforcement of those portions an aggrement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
Dates
  • Licensed Date :
  • Decreed Date :
  • Permit Proof Due Date : 10/1/2026
  • Permit Proof Made Date :
  • Permit Approved Date : 9/27/2021
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Water Supply Bank Enrollment Date Accepted :
  • Water Supply Bank Enrollment Date Removed :
  • Application Recevied Date: 5/26/2020
  • Protest Deadline Date: 7/20/2020
Other Information
  • State or Federal : S
  • Water District Number : 63
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False

IDAHO DEPARTMENT OF WATER RESOURCES

6/12/2026