Priority Date : 6/16/1894
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
LITTLE MALAD RIVER
MALAD RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
LITTLE MALAD RIVER
14S
35E
36
0
SE
SE
ONEIDA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
5/10
10/31
STOCKWATER
1/01
12/31
0.05 CFS
TOTAL
Places of Use
Place of Use Legal Description : IRRIGATION (FRANKLIN county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
14S
35E
36
SE
SE
Irrigation Totals
Total Acres
Acre Limit
Conditions
Code
Condtions
Right holder is entitled to 100% of flow available at described point of diversion from 5/10 through 10/31.
Place of use is 14.2 acres as described in SESE, S36, T14S, R35E, B.M., Oneida County, Idaho. Additional place of use consisting of a total of 117 acres, 67.8 acres located in "Parcel 2" & 49.2 acres located in "Parcel 5 & 7" as described in the decree.
The quantity of water available to satisfy the above-described water rights of the Walter Jones Trust consists of the return flow from the upstream irrigation by Plantiff Thayne O. Daniels & Defendant Tom Palmer, together with any additional tributary gain from springs rising upon the property of Defendant Tom Palmer, Plantiff Thayne O. Daniels and downstream therefrom to the point of diversion of the Walter Jones Trust. Although the Walter Jones Trust water right appurtenant to the 14.2 acre parcel described above has the same June 14, 1894 priority as certain of the described water rights of Plantiff Thayne O. Daniels & Defendant Tom Palmer, the diversion and use of the waters of the Little Malad River by Plantiff Daniels & Defendant Palmer to satisfy their June 16, 1894 priority rights as above-described shall not be subject to call, demand or apportionment with the Walter Jones Trust. The Trust relies upon available return flow from upstream irrigation by Plantiff Daniels & Defendant Palmer, whose water rights are limited by their respective number of irrigated acres described in the decree.
(SEE DECREE IN FILE FOR ADDITIONAL CONDITIONS & FINDINGS.)