Water Right Report : 29-36( 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
Current Owner DEMPSEY IRRIGATING CO C/O EARL SMITH 9589 E MAUGHAN RD LAVA HOT SPRINGS ID 83246

Water Right Status

Priority Date : 4/18/1898
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
PORTNEUF RIVER SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
PORTNEUF RIVER 08S 38E 28 0 SW NE SW BANNOCK

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 4/15 9/15 32.00 CFS
TOTAL 32.00 CFS

Places of Use

Irrigation Totals
Total Acres Acre Limit
1429.80

Conditions

Code Condtions
E56 USE OF THIS RIGHT WITH THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 1429.8 ACRES IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 29-36, 29-37, 29-180, 29-11773.
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.
C05 RIGHT INCLUDES ACCOMPLISHED CHANGE IN PLACE OF USE PURSUANT TO SECTION 42-1425, IDAHO CODE.
B09 THIS RIGHT IS SUBJECT TO REGULATION BY THE WATERMASTER OF WATER DISTRICT #29.
TOPAZ IRRIGATION CO. OWNS 51% OF DEMPSEY-TOPAZ CANAL SYSTEM. FISH CREEK IRRIGATING CO. IS ALSO CARRIED IN THIS SAME CANAL SYSTEM FROM FISH CK POINT OF DIVERSION TO NESENW SEC.28 T9S R38E WHERE IT IS SPLIT OFF THE CANAL SYSTEM AND BECOMES ITS OWN ENTITY.
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.
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.
THE USE OF WATER UNDER THIS RIGHT DOES NOT INCLUDE A USE ON FEDERAL PUBLIC LAND.
E04 USE OF THE RIGHTS LISTED BELOW IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 39.5 CFS. COMBINED RIGHT NOS.: 29-36, 29-37 AND 29-11773
129 Place of use is within the area served by Dempsey Irrigation Co.
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
  • 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