Water Right Report : 23-11387( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner FLEMING RANCH #3 LLC PO BOX 5 IRWIN ID 83428-0005
Original Owner ALEIXO, JEFFREY C/O HOLDEN KIDWELL HAHN & CRAPO PLLC PO BOX 50130 IDAHO FALLS ID 83405-0130
Original Owner ALEIXO, MICHELLE C/O HOLDEN KIDWELL HAHN & CRAPO PLLC PO BOX 50130 IDAHO FALLS ID 83405-0130

Water Right Status

Priority Date : 2/27/2008
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
PALISADES CREEK SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
PALISADES CREEK 01N 44E 25 0 SW NW BONNEVILLE

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/15 10/31 0.03 CFS 5.30 AFA
RECREATION STORAGE 01/01 12/31 1.00 AFA
AESTHETIC STORAGE 01/01 12/31 1.00 AFA
DIVERSION TO STORAGE 04/15 10/15 0.03 CFS 1.00 AFA
TOTAL 0.03 CFS 6.30 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (BONNEVILLE county)
Township Range Section Lot QQQ QQ Q Acres
01N 44E 25 SW NW 0.4
01N 44E 25 NW SW 1.1
Place of Use Legal Description : RECREATION STORAGE (BONNEVILLE county)
Township Range Section Lot QQQ QQ Q Acres
01N 44E 25 SW NW
01N 44E 25 NW SW
Place of Use Legal Description : AESTHETIC STORAGE (BONNEVILLE county)
Township Range Section Lot QQQ QQ Q Acres
01N 44E 25 SW NW
01N 44E 25 NW SW
Irrigation Totals
Total Acres Acre Limit
1.50

Conditions

Code Condtions
R05 Use of water under this right will 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. 01.
01H Prior to diversion of water under this right, the right holder shall install a lockable device, subject to the approval of the Department, in a manner that will provide the watermaster suitable control of the diversion.
048 The use of water under this right shall not give rise to any claim against the holder of a senior water right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable estoppel, estoppel by laches or customary preference.
To divert water in connection with this right, the right holder shall use a pump that is installed outside the high water mark of Palisades Creek or installed in a shallow well or sump constructed or excavated outside the high water mark but near enough to Palisades Creek that diversions of water from it cause the flow of Palisades Creek to be diminished by at least 50% of the diversion rate within a 24 hour period. If the right holder elects to install a well or sump, prior to its construction or excavation, the right holder shall submit a report prepared by a licensed professional engineer or geologist that demonstrates the depletion requirement of this condition and shall receive written approval from the Department. If the right holder does not employ a shallow well or sump, only a flexible pipe may extend from the pump to the water below the high water mark, and the intake for the flexible pipe shall be screened with ¼-inch or smaller mesh to protect fish and wildlife.
To prevent injury to senior right holders, when the 2/27/2008 priority is not being filled on either Palisades Creek or the Irwin to Heise Reach of the Snake River, the right holder shall provide storage water for the Water District No. 01 watermaster to release into the Irwin to Heise Reach of the Snake River equal to the daily amount being diverted. If storage is not provided to the watermaster by the right holder to mitigate for water diverted from Palisades Creek, the right holder shall not divert water under this right.
R67 This right when combined with all other rights shall provide no more than 0.03 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the lands above.
220 The pond established by the storage of water under this right shall not exceed a total capacity of 1 acre-feet or a total surface area of 0.2 acres.
X60 Place of use and point of diversion is located within Lot 27 Block 1, Palos Verde Estates.
F06 The following rights are diverted through point of diversion described above: 23-11387, 23-11418.
Dates
  • Licensed Date : 8/9/2012
  • Decreed Date :
  • Permit Proof Due Date : 12/1/2011
  • Permit Proof Made Date : 11/21/2011
  • Permit Approved Date : 12/18/2008
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 2/27/2008
  • Protest Deadline Date: 4/21/2008
Other Information
  • State or Federal :
  • Water District Number : 01
  • Generic Max Rate Per Acre : 0.03
  • 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: False