Water Right Report : 35-13708( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner FARMLAND RESERVE INC 60 E SOUTH TEMPLE SALT LAKE CITY UT 84111-1029
Original Owner HENDERSON, MARILYN BERRETT 2402 N SEVENOAKS PL EAGLE ID 83616
Original Owner C & N FAMILY LAND INVESTMENTS LLC 4050 E LINCOLN RD IDAHO FALLS ID 83401
Previous Owner BURTENSHAW, KAYLENE 1758 N 1000 E TERRETON ID 83450-5034
Previous Owner BURTENSHAW, LYNN 1758 N 1000 E TERRETON ID 83450-5034
Security Interest RABO AGRIFINANCE LLC 970 PIER VIEW DR STE B IDAHO FALLS ID 83402-4918

Water Right Status

Priority Date : 4/3/1984
Basis : Decreed
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 34 0 NW NW NW POWER

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/01 10/31 0.66 CFS 150.80 AFA
TOTAL 0.66 CFS 150.80 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (POWER county)
Township Range Section Lot QQQ QQ Q Acres
06S 29E 28 NE SE 31.0
06S 29E 28 NW SE 31.0
06S 29E 28 SW SE 30.0
06S 29E 28 SE SE 24.0
06S 29E 33 NE NE 8.0
06S 29E 33 SE NE 38.0
06S 29E 33 NE SE 8.0
06S 29E 34 NW NW 8.0
06S 29E 34 SW NW 37.0
06S 29E 34 NW SW 8.0
Irrigation Totals
Total Acres Acre Limit
223.00 37.70

Conditions

Code Condtions
K09 This right is for an enlargement of 37.7 acres within the place of use described for this right.
X35 Rights 35-7537 and 35-13708 when combined shall not exceed a total diversion rate of 3.29 cfs and the irrigation of 223 acres.
113 Beginning on the date of approval of Transfer 86715, rights 35-7537 and 35-13708 when combined are limited to the following schedule of allowed irrigated acres: Year 1 (2023) the rights are limited to 208 acres.
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.
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 86715, 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.
201 The combination of changes under Transfer 86712 as described under rights 25-14514 and 25-14515 and Transfer 86713 as described under rights 25-14516 and 25-14517 and Transfer 86715 as described under rights 35-7537 and 35-13708 provide the necessary mitigation for any increased depletion to connected reaches of the Snake River that would result from each individual transfer. These transfer approvals shall not require mutual dependence for ongoing mitigation. Any future action, including a subsequent transfer of this right or an order rescinding a transfer approval, which would result in a change to the point(s) of diversion under this right may require mitigation for the effects of the change. Such future action to change the point(s) of diversion under this right shall be analyzed for effects to connected reaches of the Snake River based on the priority date, point(s) of diversion and steady-state quantity as authorized for this right under Transfer 86715.
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 place of use.
C11 This water right is subordinate to all water rights with a priority date earlier than April 12, 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the earlier priority right is the superior right.
K02 This right is based upon an enlargement of Right No. 35-7537 pursuant to Section 42-1426, Idaho Code.
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 may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree.
Dates
  • Licensed Date :
  • Decreed Date : 5/19/2010
  • Permit Proof Due Date :
  • Permit Proof Made Date :
  • Permit Approved Date :
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date:
  • Protest Deadline Date:
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: False