Water Right Report : 34-14339( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner FULTON, GORDON 5907 N US HIGHWAY 93 MACKAY ID 83251

Water Right Status

Priority Date : 6/29/2011
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
ROCK CREEK SINKS

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
ROCK CREEK 10N 22E 34 0 SW SE CUSTER

Water Uses

Beneficial Use From To Diversion Rate Volume
POWER 01/01 12/31 6.50 CFS 1810.00 AFA
TOTAL 6.50 CFS 1810.00 AFA

Places of Use

Place of Use Legal Description : POWER (CUSTER county)
Township Range Section Lot QQQ QQ Q Acres
09N 22E 5 SE NW

Conditions

Code Condtions
X35 Rights 34-57, 34-58, 34-836, 34-4039, 34-10585 and 34-14339 when combined shall not exceed a total diversion rate of 15.2 cfs.
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. 34.
Rights diverted from Rock Creek have historically been administered independently from the Big Lost River and its other tributaries.
01P Upon specific notification by the Department, the right holder shall install a lockable device of a type acceptable to the Department in a manner that will provide the watermaster suitable control of the diversion.
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.
When diverting water for power purposes under this right, the right holder shall maintain an instantaneous bypass flow of at least 0.20 cfs past the point of diversion on Rock Creek, located in the SESWSE of Section 34, T10N, R22E. The right holder shall cease diverting water under this right if the bypass flow in Rock Creek is less than 0.20 cfs.
The right holder shall maintain a permanent measuring device, with staff gage, in Rock Creek capable of measuring the required bypass flow of 0.20 cfs. The measuring device shall be approved by IDWR after consultation with the Idaho Department of Fish & Game. At least once per year, the right holder shall confirm that the bypass flow measuring device is in good condition and providing accurate measurements prior to diverting water for power purposes.
The measuring device for the bypass flow shall be located no more than 100 feet downstream of the authorized point of diversion for this right, located in the SESWSE of Section 34, T10N, R22E.
025 This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
916 The term of this water right license shall extend to December 31, 2035. Prior to the expiration of the term, the Director may issue an order canceling all or any part of the use authorized herein, may establish a new term, or may revise, delete, or add conditions under which the water right license may be exercised. The order shall take effect on the date the current term expires. If the Director does not issue such an order, the term shall automatically extend to a length equal to the project's prior term and any prior conditions on the water right license shall remain in effect.
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.
027 Use of water under this right shall be non-consumptive.
004 This right does not grant any right-of-way or easement across the land of another.
F06 The following rights are diverted through point(s) of diversion described above: Rights 34-57, 34-58, 34-836, 34-4039, 34-10585, 34-14339, and 34-14339.
Dates
  • Licensed Date : 2/11/2025
  • Decreed Date :
  • Permit Proof Due Date : 5/1/2020
  • Permit Proof Made Date : 3/4/2020
  • Permit Approved Date : 4/27/2015
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 6/29/2011
  • Protest Deadline Date: 4/2/2012
Other Information
  • State or Federal :
  • Water District Number : 34
  • 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