Water Right Report : 29-13773( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner TOLY, LISA PO BOX 476 LAVA HOT SPGS ID 83246-0476
Current Owner TOLY, STEVEN PO BOX 476 LAVA HOT SPGS ID 83246-0476
Original Owner EAST BANNOCK AGRICULTURAL PROPERTY TRUST C/O PAUL FRANDSEN 4361 N GARTON LN POCATELLO ID 83201
Previous Owner BRENNAN, RONDA 310 PORPOISE POINT DR ST AUGUSTINE FL 32084
Previous Owner BRENNAN, WILLIAM 310 PORPOISE POINT DR ST AUGUSTINE FL 32084

Water Right Status

Priority Date : 1/29/1960
Basis : Decreed
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 08S 38E 21 0 SW SE BANNOCK

Water Uses

Beneficial Use From To Diversion Rate Volume
MITIGATION BY NON-USE 04/01 10/31 0.34 CFS 70.00 AFA
TOTAL 0.34 CFS 70.00 AFA

Places of Use

Place of Use Legal Description : MITIGATION BY NON-USE (BANNOCK county)
Township Range Section Lot QQQ QQ Q Acres
08S 38E 21 SW SE
08S 38E 21 SE SE

Conditions

Code Condtions
01M After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department.
046 Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department.
R63 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.5 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 year(s) of the date of this approval.
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.
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.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 29-14112. To prevent injury to other water right holders, the right holder shall cease diverting 0.34 cfs of this right from ground water. If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 29-14112. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 29-14112 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
Dates
  • Licensed Date :
  • Decreed Date : 3/22/2004
  • 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 :
  • Water District Number : 129
  • Generic Max Rate Per Acre : 0.02
  • 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

IDAHO DEPARTMENT OF WATER RESOURCES

10/15/2026