Priority Date : 6/2/1905
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
TOPONCE CREEK
PORTNEUF RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
TOPONCE CREEK
06S
38E
33
0
SW
SE
SE
CARIBOU
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/15
09/15
3.94 CFS
TOTAL
3.94 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (CARIBOU county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
39E
29
SW
NE
30.0
06S
39E
29
SE
NW
33.2
06S
39E
29
NE
SW
39.2
06S
39E
29
SW
SW
28.0
06S
39E
29
SE
SW
33.0
06S
39E
29
NW
SE
38.4
06S
39E
29
SW
SE
34.3
06S
39E
30
SE
SE
10.0
Irrigation Totals
Total Acres
Acre Limit
246.10
146.60
Conditions
Code
Condtions
X27
This right is limited to the irrigation of 146.6 acres within the authorized place of use in a single irrigation season.
X35
Rights 29-12B, 29-94C and 29-2435 when combined shall not exceed a total diversion rate of 5.93 cfs and the irrigation of 246.1 acres.
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.
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 March 22, 2004.
01M
After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department.
020
The diversion and use of water described in Transfer 79403 may be subject to additional conditions and limitations agreed to by the right holder and Portneuf-Marsh Valley Canal Company under a separate agreement to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
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.