Priority Date : 10/21/1899
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
KELLY CREEK
SNAKE RIVER
SNAKE RIVER
COLUMBIA RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SNAKE RIVER
03N
41E
5
0
SE
SW
BONNEVILLE
KELLY CREEK
04N
41E
32
2
SE
SW
JEFFERSON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
0.76 CFS
STOCKWATER
04/01
10/31
0.02 CFS
TOTAL
0.76 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (BONNEVILLE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
03N
41E
5
SW
NE
3.7
03N
41E
5
5
NE
NW
4.8
03N
41E
5
6
SE
NW
25.5
Irrigation Totals
Total Acres
Acre Limit
34.00
Conditions
Code
Condtions
Exchange 78939 authorizes diversion of this right from the Snake River at the point of diversion described above, which is upstream of the confluence of the original source, Kelly Creek, and the Snake River.
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.
R43
The right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion(s).
N05
The quantity of water under this right for stockwater use shall not exceed 13,000 gallons per day.
N08
The quantity of water decreed for this water right for stockwater use is not a determination of historical beneficial use.
G23
Diversion of water under this right is limited to those times when water is available for diversion under the priority of this right at the original point of diversion from Kelly Creek in the T04N, R41E, S32, L2, NESWSW.
Changes to right 23-9B authorized under Exchange 78939 will remain in effect until the right holder notifies the director that the exchange has been discontinued.
004
This right does not grant any right-of-way or easement across the land of another.
T07
The right holder shall accomplish the change authorized by this exchange within one year of the date of this approval.
T08
Failure of the right holder to comply with the conditions of this exchange is cause for the Director to rescind approval of the transfer.
T19
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general provisions necessary for the definition of the rights or for the efficient administration of water rights as may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree.