Water Right Report : 13-7649( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner G & H DAIRY LLC 528 WASHINGTON ST TWIN FALLS ID 83301-5642
Original Owner J 7 LLC 1900 N 4000 W DAYTON ID 83232
Previous Owner CHECKETTS OXFORD MOUNTAIN FARM LLC PO BOX 200 DAYTON ID 83232

Water Right Status

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.
Dates
  • Licensed Date : 7/8/2024
  • Decreed Date :
  • Permit Proof Due Date : 6/1/2006
  • Permit Proof Made Date : 5/30/2006
  • Permit Approved Date : 5/26/2005
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 2/20/2004
  • Protest Deadline Date: 1/3/2005
Other Information
  • State or Federal :
  • Water District Number : EXC
  • Generic Max Rate Per Acre : 0.02
  • Generic Max Volume Per Acre : 3.5
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: True