Priority Date : 7/23/1987
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BATISTE SPRING
PORTNEUF RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BATISTE SPRING
06S
34E
6
0
SE
SW
POWER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
0.33 CFS
MITIGATION
04/01
10/31
0.01 CFS
TOTAL
0.34 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (POWER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
34E
6
7
SW
SW
13.0
06S
34E
6
SE
SW
0.5
06S
34E
7
2
NW
NE
4.8
06S
34E
7
3
NE
NW
28.0
06S
34E
7
4
NW
NW
30.0
Place of Use Legal Description : MITIGATION (POWER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
34E
7
2
NW
NE
Irrigation Totals
Total Acres
Acre Limit
76.30
26.30
Conditions
Code
Condtions
K09
This right is for an enlargement of 26.3 acres within the place of use described for this right.
X35
Rights 29-2039, 29-4444 and 29-13955 when combined shall not exceed a total diversion rate of 0.62 cfs, and the irrigation of 76.3 acres.
193
This right mitigates for the depletion of water resulting from the diversion and use of water under Right 29-14027. To prevent injury to other water right holders, the right holder shall cease diverting 0.01 cfs of this right from Batiste Spring. If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 29-14027. 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 29-14027 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
K02
This right is based upon an enlargement of Right Nos. 29-2039 and 29-4444 pursuant to Section 42-1426, Idaho Code.
C11
This water right is subordinate to all water rights with a priority date earlier than April 12, 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the earlier priority right is the superior right.
R05
Use of water under this right may 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. 29D.
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).
R64
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the place of use.
T07
The right holder shall accomplish the change authorized by this transfer within one year 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 Idaho Code § 42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.