Priority Date : 3/1/1889
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
0.37 CFS
TOTAL
0.37 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (BANNOCK county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
09S
38E
22
4
NW
SE
14.7
09S
38E
22
SW
SE
3.8
Irrigation Totals
Total Acres
Acre Limit
18.50
Conditions
Code
Condtions
E51
USE OF THIS RIGHT WITH RIGHT NO. 29-152A IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 0.37 CFS.
E22
USE OF WATER UNDER THIS RIGHT IS COMBINED WITH WATERS FROM DEMPSEY IRRIGATION CO. AND FISH CREEK CANAL.
F04
POINT OF DIVERSION IS THE SAME USED FOR FISH CREEK CANAL.
C03
RIGHT INCLUDES ACCOMPLISHED CHANGE IN POINT OF DIVERSION PURSUANT TO SECTION 42-1425, IDAHO CODE.
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.
E62
THIS RIGHT WHEN COMBINED WITH RIGHT NO. 29-152A SHALL PROVIDE NO MORE THAN .02 CFS PER ACRE.
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.