Priority Date : 2/20/2004
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
GROUND WATER
15S
38E
11
0
NW
NW
FRANKLIN
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
1.00 CFS
258.70 AFA
TOTAL
1.00 CFS
258.70 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (FRANKLIN county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
15S
38E
11
NW
NE
25.0
15S
38E
11
SW
NE
34.2
15S
38E
11
NE
NW
39.5
15S
38E
11
NW
NW
9.2
15S
38E
11
SW
NW
4.6
15S
38E
11
SE
NW
36.0
Irrigation Totals
Total Acres
Acre Limit
148.50
73.90
Conditions
Code
Condtions
X27
This right is limited to the irrigation of 73.9 acres within the place of use described above in a single irrigation season.
X35
Rights 13-7629 and 13-7649 when combined shall not exceed a total diversion rate of 2.00 cfs, a total annual maximum diversion volume of 520 af at the field headgate, and the irrigation of 148.5 acres.
To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall maintain control of twenty shares of stock in the West Cache Irrigation Company and shall hold the shares unused. Further, the right holder shall formally abandon water right 13-2164, which bears a priority date of August 8, 1952, and authorizes the diversion of 0.76 cfs and the irrigation of 80 acres. This right (13-7649) shall be limited to a diversion rate of 0.24 cfs, an annual diversion volume of 63 acre-feet, and the irrigation of 18 acres until water right 13-2164 is formally abandoned.
If the stream flow of the unnamed stream described in water right 13-2164, at the original point of diversion for water right 13-2164 (SWNE, Sec. 1, T15S, R38E), is less than 0.76 cfs, then the amount of water authorized for diversion under this right shall be reduced by the amount of the shortfall. If the unnamed stream dries up entirely, then this right shall be limited to a diversion rate of 0.24 cfs, an annual diversion volume of 63 acre-feet and the irrigation of 18 acres.
If junior water rights on Deep Creek are curtailed due to a delivery call on Deep Creek or on the Bear River, and the curtailment would affect a water right with a priority date of August 8, 1952, then this right shall be limited to a diversion rate of 0.24 cfs and the irrigation of18 acres during the curtailment period.
020
The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant and the right holder under a separate agreement 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 the agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
R19
The right holder shall maintain a totalizing measuring device of a type approved by the Department as a part of the diverting works.
R63
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the lands above.
004
This right does not grant any right-of-way or easement across the land of another.