Water Right Report : 29-7772( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner MARSH VALLEY DEVELOPMENT INC 5203 S 11TH E IDAHO FALLS ID 83404
Original Owner MARSH VALLEY HYDRO ELECTRIC CO MCCAMMON ID 83250

Water Right Status

Priority Date : 8/1/1984
Basis : License
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 09S 37E 22 3 SE NW BANNOCK

Water Uses

Beneficial Use From To Diversion Rate Volume
POWER 01/01 12/31 75.00 CFS 42900.00 AFA
TOTAL 75.00 CFS 42900.00 AFA

Places of Use

Place of Use Legal Description : POWER (BANNOCK county)
Township Range Section Lot QQQ QQ Q Acres
09S 37E 20 6 SW NE

Conditions

Code Condtions
025 This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
The right holder shall be responsible for the cost of installing or retrofitting any diversion works, located between the project point of diversion and the downstream point of discharge, which is detrimentally affected by the hydropower diversion.
048 The use of water under this right shall not give rise to any claim against the holder of a senior water right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable estoppel, estoppel by laches or customary preference.
X36 Right 29-07578 is also diverted through the point of diversion described above.
R22 The rights for the use of water confirmed in this license shall be junior and subordinate to all rights for the use of water other than hydropower, within the State of Idaho that are initiated later in time than the priority of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right.
A shutdown bypass shall be constructed at the power plant site. The operation of the power system shall not alter normal flow characteristics of the Portneuf River.
106 Use of water under this approval shall comply with applicable water quality standards of the Department of Environmental Quality.
X43 The diversion and use of water for hydropower purposes under this license is subject to review by the Director after the date of expiration of license 10468-000 issued by the Federal Energy Regulatory Commission. Upon appropriate findings relative to the interest of the public, the Director may cancel all or any part of the use authorized herein and may revise, delete or add conditions under which the right may be exercised.
Prior to diverting water pursuant to this right, measuring devices and lockable controlling works of a type acceptable to the Department shall be permanently installed and maintained as part of the diverting works. Additional measuring devices may also be required for the accurate measurement of water diverted, water returned and water available to satisfy this and other water rights.
For purposes of interim distribution pending judicial determination, any senior unadjudicated water right, including those perfected through the beneficial use method, for which a claim is made in the pending Snake River Basin Adjudication (SRBA) shall be delivered prior to this right, provided the water is being beneficially used and provided the use is consistent with the right as recommended in the Directors Report when filed with the district court in the SRBA pursuant to Section 42-1411, Idaho Code.
A minimum flow of ten (10) cfs or the entire available stream, if less than ten cfs, must be maintained within the bypass reach at all times, except as specified in the FERC license.
R04 Use of water under this water right will be regulated by the watermaster of State Water District No. 29.
027 Use of water under this right shall be non-consumptive.
The adequacy of the project design to protect public and employee safety during all phases of construction and operation of the project shall be reviewed and certified by a professional engineer licensed to practice in the state of Idaho.
Dates
  • Licensed Date : 6/25/2001
  • Decreed Date :
  • Permit Proof Due Date : 10/1/1994
  • Permit Proof Made Date : 12/7/1994
  • Permit Approved Date : 9/24/1990
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 6/5/1984
  • Protest Deadline Date:
Other Information
  • State or Federal :
  • 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