Water Right Report : 27-11375( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney BACON, WILLIAM S TRIBAL ATTORNEY'S OFFICE PO BOX 308 FORT HALL ID 83203-0308
Current Owner SHOSHONE BANNOCK TRIBES FORT HALL INDIAN RESERVATION FORT HALL BUSINESS COUNCIL PO BOX 306 FORT HALL ID 83203

Water Right Status

Priority Date : 6/14/1867
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
BLACKFOOT RIVER SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
BLACKFOOT RIVER 02S 38E 7 0 SE NW NW BINGHAM
BLACKFOOT RIVER 03S 35E 13 0 NE NE NE BINGHAM
BLACKFOOT RIVER 03S 35E 14 0 NW NE NW BINGHAM
BLACKFOOT RIVER 06S 33E 30 0 SW SW SW POWER
BLACKFOOT RIVER 07S 32E 1 0 NW NE NE POWER
BLACKFOOT RIVER 07S 32E 2 0 NE SE NW POWER
BLACKFOOT RIVER 07S 32E 2 0 NW NW SW POWER
BLACKFOOT RIVER 07S 32E 3 0 SW SE SW POWER
BLACKFOOT RIVER 07S 32E 3 0 SE NW SE POWER
BLACKFOOT RIVER 07S 33E 6 0 SW NW NW POWER
BLACKFOOT RIVER 07S 33E 6 0 NE SE SW POWER
BLACKFOOT RIVER 07S 33E 6 0 NE SE SW POWER

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 3/15 11/15 1380.00 CFS 150000.00 AFA
TOTAL 1380.00 CFS 150000.00 AFA

Places of Use

This water right has a Large Place Of Use

Irrigation Totals
Total Acres Acre Limit
14687.00

Conditions

Code Condtions
Place of Use: 30,469 present and future acres within the Reservation.
Future Points of Diversion may be developed to divert water from (1) anywhere on the Blackfoot River or (2) ground water within the Reservation as described in Matters Necessary for Definition, Clarification or Administration of the Right, below.
Matters Necessary for Definition, Clarification or Administration of the Right: . a If the natural flow of the Blackfoot River is not sufficient to satisfy this right and other rights to divert Blackfoot River natural flow pursuant to state law, the Tribes my satisfy this right by using water right nos. 27-02007 and 25-02160, provided that the combined use in satisfaction of this right shall not exceed 150,000 AFY. .b If the diversion under this right exceed 150,000 AFY, the amount in excess of 150,000 AFY shall be charged against water right no. 01-10223. .c This right combined with water right nos. 01-10223, 27-02007 and 25-02160 can be used to irrigate up to 53,828 present and future acres from the combined water sources.
.d The Tribes and the United States shall exercise this water right in a manner that ensures persons diverting natural flow from the Blackfoot River under water rights listed on Attachment E to the Consent Decree and under de minimis domestic and stock water rights with a priority date earlier than January 1, 1990, will continue to receive their full legal entitlement under state law. “De minimis domestic water right” for purposes of this paragraph means (a) the use of water for homes, organization camps, public campgrounds, livestock and for any purpose in connection therewith, including irrigation of up to one-half (1/2) acre of land, if the total use is not in excess of thirteen (13,000) gallons per day, or 14.5 acre-feet per year or less for storage, or (b) and other uses, if the total use does not exceed a diversion rate of four one-hundreds (0.04) cubic feet per second and a diversion volume of twenty-five hundred (2,500) gallons per day. Domestic rights shall not include water for multiple ownership subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitation set forth in (b) above. “De minimis stock water right” for purposes of this paragraph means the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day or 14.5 acre-feet per year or less for storage. These state created water rights listed on Attachment E are estimated to divert not more than 45,000 AFY of water from the Blackfoot River. The Blackfoot River Equitable Adjustment Settlement Agreement Pursuant to the 1990 Fort Hall Indian Water Rights Settlement Agreement set forth in Attachment F provides for an equitable adjustment to this water right in the event the Primary Volume diversions under the partial decrees listed on Attachment E exceed 45,000 AFY. .e The Tribes and the United States shall exercise this right in a manner that will not impair the project entitlements of the Fort Hall Irrigation Project water users. .f If the water supplied under this right and water right nos. 27-02007 and 25-02160 does not provide 150,000 AFY, the Tribes may divert groundwater within the Reservation under this right, exclusive of the water right nos. 21-11376 and 29-12052, such that the combined water supply from water right nos. 27-02007 and 25-02160 and surface and groundwater under this right yields 150,000 AFY.
Point of Diversion in T02S, R38E, S07, SENWNW is from the Blackfoot River into the Little Indian Canal. Point of Diversion in T03S, R35E, S13, NENENE is from the Blackfoot River into the Fort Hall Main Canal. Point of Diversion in T03S, R35E, S14, NWNENW is from the Blackfoot River into the North Canal.
Annual Volume of Consumptive Use: 79,546 AFY
Dates
  • Licensed Date :
  • Decreed Date : 8/2/1995
  • Permit Proof Due Date :
  • Permit Proof Made Date :
  • Permit Approved Date :
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date:
  • Protest Deadline Date:
Other Information
  • State or Federal : F
  • Water District Number : 27
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False

IDAHO DEPARTMENT OF WATER RESOURCES

10/15/2026