Priority Date : 4/13/1914
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
ASPEN CREEK
MARSH CREEK
SPRING
MARSH CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SPRING
12S
37E
8
0
NE
NW
BANNOCK
ASPEN CREEK
12S
37E
8
0
NE
SE
SW
BANNOCK
ASPEN CREEK
12S
37E
8
0
SE
SE
SW
BANNOCK
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
0.67 CFS
STOCKWATER
01/01
12/31
0.02 CFS
TOTAL
0.67 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (BANNOCK county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
12S
37E
5
SE
SW
2.0
12S
37E
5
SW
SE
0.5
12S
37E
8
NW
NE
1.0
12S
37E
8
NE
NW
31.0
12S
37E
8
SE
NW
20.0
12S
37E
8
NE
SW
17.0
12S
37E
8
SE
SW
18.0
12S
37E
17
NE
NW
1.5
12S
37E
17
NW
NW
27.0
12S
37E
17
SW
NW
38.0
Irrigation Totals
Total Acres
Acre Limit
156.00
40.00
Conditions
Code
Condtions
X27
This right is limited to the irrigation of 40 acres within the authorized place of use in a single irrigation season.
X35
Rights 29-348A, 29-348B, 29-2178, 29-14003, and 29-14356 when combined shall not exceed a total diversion rate of 2.59 cfs and the irrigation of 156.0 acres.
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. 29H.
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).
X02
Stockwater use is for 30 range cattle.
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 place of use.
C24
THE OPERATION AND ADMINISTRATION OF THIS WATER RIGHT IS ALSO SUBJECT TO THE TERMS AND CONDITIONS OF THE FOLLOWING CONTRACTUAL AGREEMENT: WATER RIGHTS SETTLEMENT AGREEMENT ENTERED INTO ON JANUARY 26, 2005, BETWEEN KENT JENSEN, ATTORNEY-IN-FACT, ON BEHALF OF IVA LOU JENSEN, LAUNA MAYNARD (A.K.A. LONNA MAYNARD), ATTORNEY-IN-FACT ON BEHALF OF HELEN JENSEN, GERALDINE B MCNEE, DONNA RAE VAUGHAN DAVID B HARTVIGSEN, ATTORNEY-IN-FACT ON BEHALF OF THE REED & DORIS HARTVIGSEN FAMILY TRUST, AND DAVID B HARTVIGSEN, ATTORNEY-IN-FACT ON BEHALF OF RICHARD N HARTVIGSEN FILED OF RECORD IN THE OFFICE OF THE BANNOCK COUNTY RECORDER ON JANUARY 31, 2005, AS INSTRUMENT NO. 861; THE PROVISION OF SUCH AGREEMENT TO APPLY FULLY TO THIS WATER RIGHT NOTWITHSTANDING THE FACT THAT THE WATER RIGHT ELEMENTS IN THE AGREEMENT MAY DIFFER FROM THOSE SPECIFIED HEREIN.
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.