Water Right Report : 29-147( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner FISH CREEK IRRIGATING CO C/O EARL SMITH 9675 E MAUGHAN RD LAVA HOT SPGS ID 83246-1526

Water Right Status

Priority Date : 3/1/1893
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
FISH CREEK PORTNEUF RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
FISH CREEK 09S 38E 26 0 NW NW NW BANNOCK

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/15 09/15 4.90 CFS
TOTAL 6.00 CFS

Places of Use

This water right has a Large Place Of Use

Irrigation Totals
Total Acres Acre Limit
243.30

Conditions

Code Condtions
129 Place of use is within the area served by the Fish Creek Irrigating Company.
S35 THE USE OF WATER FOR IRRIGATION UNDER THIS RIGHT MAY BEGIN AS EARLY AS APRIL 1 AND MAY CONTINUE TO AS LATE AS OCTOBER 31, PROVIDED OTHER ELEMENTS OF THE RIGHT ARE NOT EXCEEDED. THE USE OF WATER BEFORE APRIL 15 AND AFTER SEPTEMBER 15 UNDER THIS REMARK IS SUBORDINATE TO ALL WATER RIGHTS HAVING NO SUBORDINATED EARLY OR LATE IRRIGATION USE AND A PRIORITY DATE EARLIER THAN THE DATE A PARTIAL DECREE IS ENTERED FOR THIS RIGHT.
C03 RIGHT INCLUDES ACCOMPLISHED CHANGE IN POINT OF DIVERSION PURSUANT TO SECTION 42-1425, IDAHO CODE.
F05 RIGHT NO. 29-11774 IS ALSO DIVERTED THROUGH POINT OF DIVERSION DESCRIBED ABOVE.
C18 THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFFICIENT ADMINISTRATION OF THE WATER RIGHTS AS MAY BE ULTIMATELY DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE ENTRY OF A FINAL UNIFIED DECREE. SECTION 42-1412(6), IDAHO CODE.
F01 WATER IS DELIVERED THROUGH FISH CREEK IRRIGATING CO. CANAL. SHARED WITH DEMPSEY-TOPAZ CANAL AND PRIVATE RIGHTS.
C05 RIGHT INCLUDES ACCOMPLISHED CHANGE IN PLACE OF USE PURSUANT TO SECTION 42-1425, IDAHO CODE.
135 The boundary encompassing the place of use for this water right is described with a digital boundary as defined by I.C. Section 42-202B(2) and authorized pursuant to I.C. Section 42-1411(2)(h). The data comprising the digital boundary are incorporated herein by reference and are stored on a CD-ROM disk issued in duplicate originals on file with the SRBA District Court and the Idaho Department of Water Resources. A map depicting the place of use is attached hereto to illustrate the place of use described by the digital boundary.
Dates
  • Licensed Date :
  • Decreed Date : 3/17/2004
  • 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 : S
  • Water District Number : 29
  • 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

10/13/2026