Water Right Report : 32-7136( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner SORENSON ENGINEERING 5203 S 11 E IDAHO FALLS ID 83404
Current Owner SORENSON, TED S 5203 S 11 E IDAHO FALLS ID 83404
Original Owner BIRCH POWER CO ZZ
Security Interest NORTHWEST FARM CREDIT SERVICES FLCA 406 PARK VIEW LOOP TWIN FALLS ID 83301-3393
Security Interest NORTHWEST FARM CREDIT SERVICES PCA 406 PARK VIEW LOOP TWIN FALLS ID 83301-3393

Water Right Status

Priority Date : 1/3/1984
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
BIRCH CREEK SINKS

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
BIRCH CREEK 09N 30E 34 0 SE SW CLARK

Water Uses

Beneficial Use From To Diversion Rate Volume
POWER 01/01 12/31 30.00 CFS 18500.00 AFA
TOTAL 30.00 CFS 18500.00 AFA

Places of Use

Place of Use Legal Description : POWER (CLARK county)
Township Range Section Lot QQQ QQ Q Acres
08N 31E 14 NE NE

Conditions

Code Condtions
027 Use of water under this right shall be non-consumptive.
025 This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
R04 Use of water under this water right will be regulated by the watermaster of State Water District No. 32D.
001 A measuring device and lockable controlling works of a type acceptable to the Department shall be permanently installed and maintained as part of the diverting works. A second measuring device shall be maintained near the end of the feeder ditch so that the amount of water lost in the feeder ditch can be determined.
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.
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 7194-001 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.
The right holder shall maintain the pond and irrigation system that utilizes 0.11 cfs of water, described in the BLMs Finding of No Significant Impact and Decision/Rationale, EA Number ID-030-9-46 (January 11, 1990) including but not limited to 6 to 8 ponds below the hydropower diversion that create 2.46 acres of riparian habitat.
If the right holder does not comply with Condition No. 7 listed above, the right holder shall build and maintain a gate in the hydropower diversion located in the SESW, S34, T9N, R30E, B.M. and shall allow 11% of the flow of Birch Creek or 5.0 cfs, whichever is smaller, to flow past the feeder canal diversion on Birch Creek, said water to remain in the natural channel of Birch Creek.
Provisions shall be made to return the water to Birch Creek at the end of the first 1 1/2 mile of feeder ditch to assure that the section of feeder ditch will not be dewatered if the generator malfunctions or icing occurs or any other event necessitates that the water not be conveyed to the generator.
The first 1 1/2 miles of ditch must be maintained and operated in a manner that supports a fishery as described in the report entitled Feasibility of Developing a Trout Population in the Proposed Birch Creek Hydroelectric Project Feeder Ditch written by J.S. Griffith, Ph.D, and found in the official record of application for this water right.
The feeder canal shall be maintained in a manner that will reduce the amount of seepage loss by at least 11% of the flow at the point of diversion.
X36 Right 32-07128 is also diverted through the point of diversion described above.
Dates
  • Licensed Date : 12/10/2001
  • Decreed Date :
  • Permit Proof Due Date : 3/1/1990
  • Permit Proof Made Date : 9/22/1989
  • Permit Approved Date : 3/27/1985
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 1/3/1984
  • Protest Deadline Date: 7/2/1990
Other Information
  • State or Federal :
  • Water District Number : 32D
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit :
  • Combined Volume Limit:
  • Combined Rate Limit: 75.00
  • 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

10/13/2026