Priority Date : 7/10/1987
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
02S
36E
31
2
SW
NW
BINGHAM
GROUND WATER
02S
36E
31
0
SE
NW
BINGHAM
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
4/01
10/31
1.30 CFS
260.00 AFA
TOTAL
1.30 CFS
260.00 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (BINGHAM county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
02S
36E
31
2
SW
NW
28.0
02S
36E
31
SE
NW
37.0
Irrigation Totals
Total Acres
Acre Limit
65.00
Conditions
Code
Condtions
T17
Prior to diversion of water under this approval, the right holder shall provide a means of measurement acceptable to the Department from all authorized points of diversion which will allow determination of the total rate of 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.
079
This right shall not be used if the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on any other place of use.
The total instantaneous diversion of water from all points of diversion under Transfer No. 5129 shall not exceed 1.30 cfs, nor total combined annual volume of 260.0 af at the field headgate.
This right when combined with all other rights shall provide no more than .02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above.
T07
The right holder shall accomplish the change authorized by this transfer within one (1) year of the date of this approval.
065
The right holder shall use the full allotment of appurtenant surface water rights in conjunction with groundwater diverted under this right and shall only divert groundwater under this right when water from the appurtenant surface water rights cannot be delivered to the right holder.
046
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code.
067
The right holder shall measure and annually report diversions of water and/or other pertinent hydrologic and system information as required by Section 42-701, Idaho Code.
T09
Approval of this transfer does not preclude the opportunity for review of the validity of the water right(s) in the ongoing Snake River Basin Adjudication.
T08
Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer.
049
The Director retains jurisdiction of the right to incorporate the use into a water district, require streamflow augmentation or other action needed to protect prior surface water and groundwater rights.