Water Right Report : 35-13521( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner POVEY, ANDREW E 2412 POVEY RD AMERICAN FALLS ID 83211-5107
Current Owner NORTHWEST FARM CREDIT SERVICES FLCA 73 FORT HALL AMERICAN FALLS ID 83211
Original Owner POVEY, K BROOKE 2412 POVEY RD AMERICAN FALLS ID 83211
Security Interest ZIONS BANCORPORATION NA DBA ZIONS FIRST NATIONAL BANK COMMERCIAL BANKING 1235 S UTAH AVE IDAHO FALLS ID 83402-3375

Water Right Status

Priority Date : 8/31/2004
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
GROUND WATER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
GROUND WATER 06S 29E 35 0 NW NW NE POWER

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/01 10/31 3.67 CFS 1040.00 AFA
TOTAL 3.67 CFS 1040.00 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (POWER county)
Township Range Section Lot QQQ QQ Q Acres
06S 29E 35 NE NE 33.3
06S 29E 35 NW NE 33.3
06S 29E 35 SW NE 30.1
06S 29E 35 SE NE 33.3
06S 29E 35 NE NW 33.3
06S 29E 35 NW NW 33.3
06S 29E 35 SW NW 30.1
06S 29E 35 SE NW 33.3
Irrigation Totals
Total Acres Acre Limit
260.00

Conditions

Code Condtions
R05 Use of water under this right will 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. 120. In addition, use of water under the mitigation rights will be regulated by a watermaster with responsibility for the distribution of water among appropriators within a water district. At the time of this approval, the mitigation rights are located within Water District No. 120 and Water District No. 130.
R02 A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will provide the watermaster suitable control of the diversion.
214 Prior to the diversion and use of water under Transfer approval 88782, the right holder shall install and maintain acceptable measuring device(s) at the authorized point(s) of diversion in accordance with Department specifications, or shall obtain an approved variance from the Department to determine the amount of water diverted from power records or to maintain an existing measuring device.
213 Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage information at the authorized point(s) of diversion in accordance with Department specifications.
The watermasters of Water District Nos. 120 and 130 are instructed to obtain and report annual water diversions under both this right and the mitigation rights to assure compliance with the mitigation requirements of this water right. GIS shape files for the place of use of each of the above mitigation rights will be obtained, reviewed, and retained in IDWR files for the rights.
170 To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and amounts specified below. Moreover, the official record for the following water rights will be changed to show that diversion and use of water is not authorized because the rights, or portions thereof, are being dedicated to mitigation purposes. Right No. Use Changed to Mitigation Mitigation Rate Mitigation Volume Acres 35-14581 Irrigation 1.99 cfs 383.2 95.8 35-14582 Irrigation 0.87 cfs 296.8 74.2 The land that will no longer be irrigated under these rights is located within W1/2NE, E1/2NW, NWNW, S17; SENE, S18; T04S, R31E. 36-16625 Irrigation 0.11 cfs 20.8 5.2 36-16627 Irrigation 0.16 cfs 31.2 7.8 36-16629 Irrigation 0.04 cfs 7.6 1.9 36-16631 Irrigation 0.01 cfs 4.4 1.1 The land that will no longer be irrigated under these rights is located within NWSE, S24, T08S, R21E. 43-13802 Irrigation 0.84 cfs 200.0 50.0 43-13803 Irrigation 0.15 cfs 96.0 24.0 The land that will no longer be irrigated under these rights is located within N1/2NE, SWNE, S02, T10S, R26E. If the specified mitigation rights, or portions thereof, are sold, transferred, leased, used on any place of use, or are not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this permit shall be reduced by the same proportion as the reduction to the mitigation rights.
R64 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above.
933 This right is for the use of trust water, and it is subject to review 5 years after its initial approval (date of permit approval) to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water.
935 Use of water pursuant to this right is either nonconsumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required.
140 Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water.
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.
Dates
  • Licensed Date : 4/16/2018
  • Decreed Date :
  • Permit Proof Due Date : 3/1/2010
  • Permit Proof Made Date : 1/14/2010
  • Permit Approved Date : 6/9/2005
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 8/31/2004
  • Protest Deadline Date: 1/3/2005
Other Information
  • State or Federal :
  • Water District Number : 120
  • Generic Max Rate Per Acre : 0.02
  • Generic Max Volume Per Acre : 4
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust : T
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: True