Water Right Report : 29-180( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner TOPAZ IRRIGATION CO 6500 HWY 30 E LAVA HOT SPRINGS ID 83246

Water Right Status

Priority Date : 4/1/1883
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
DEMPSEY CREEK PORTNEUF RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
DEMPSEY CREEK 09S 37E 23 2 SW NE BANNOCK Rediversion
DEMPSEY CREEK 09S 38E 29 0 SE SE BANNOCK Injection
DEMPSEY CREEK 09S 38E 33 0 SE NW NW BANNOCK

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 4/15 9/15 13.44 CFS
TOTAL 13.44 CFS

Places of Use

This water right has a Large Place Of Use

Irrigation Totals
Total Acres Acre Limit
672.00

Conditions

Code Condtions
X27 This right is limited to the irrigation of 672 acres within the authorized place of use in a single irrigation season.
X35 Rights 29-36, 29-37, 29-180 and 29-11773 when combined shall not exceed the irrigation of 861.3 acres.
186 Diversion of water from the additional point of diversion authorized under Transfer 80731 located in Lot 2 (SWNE), Sec. 23, T09S, R37E, shall not exceed a maximum diversion rate of 2.10 cfs.
Water may only be diverted from the point of rediversion located in Lot 2 (SWNE), Sec. 23, T09S, R37E during times when a greater amount of water is being injected into Dempsey Creek at the designated point of injection, accounting for travel time and a 1% conveyance loss between the two points.
R05 Use of water under this right will 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. 29.
X11 Prior to the diversion and use of water under this right, the right holder shall install and maintain acceptable measuring devices at the initial point of diversion from Dempsey Creek, the point of injection into Dempsey Creek, and at the point of rediversion from the Portneuf River. The right holder shall provide the watermaster access to all of these points.
Topaz Irrigation Co. owns 51% of Dempsey-Topaz canal system. Fish Creek Irrigation Co. is also carried in this same canal system from Fish Creek point of diversion to NESENW SEC 28 T9S R38E where it is split off the canal system and becomes its own entity.
129 Place of use is within the area served by the Topaz Irrigation Company.
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.
F01 Additional water from water rights 29-36, 29-37 and 29-11773 is delivered through Dempsey-Topaz canal system until injected into Dempsey Creek and rediverted.
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 January 5, 2005.
U42 Place of use does not include federal public lands.
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 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.
Dates
  • Licensed Date :
  • Decreed Date : 1/5/2005
  • 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
  • Combined Acre Limit : 1429.80
  • Combined Volume Limit:
  • Combined Rate Limit:
  • 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

10/14/2026