Water Right Report : 36-2704( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney HERNDON, STEVEN L IDAHO POWER CO PO BOX 70 BOISE ID 83707
Attorney MARTEN LAW LLP PO BOX 2139 BOISE ID 83701-2139
Current Owner IDAHO POWER COMPANY PO BOX 70 BOISE ID 83707-0070

Water Right Status

Priority Date : 1/31/1966
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
NIAGARA SPRINGS SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
NIAGARA SPRINGS 09S 15E 10 1 NE NE GOODING
NIAGARA SPRINGS 09S 15E 10 1 NE NE GOODING
NIAGARA SPRINGS 09S 15E 10 1 NE NE GOODING

Water Uses

Beneficial Use From To Diversion Rate Volume
FISH PROPAGATION 01/01 12/31 120.00 CFS 48180.00 AFA
FIRE PROTECTION 01/01 12/31 120.00 CFS 48180.00 AFA
MITIGATION BY NON-USE 03/15 11/15 0.08 CFS 9.80 AFA
TOTAL 120.00 CFS 48180.00 AFA

Places of Use

Place of Use Legal Description : FISH PROPAGATION (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
09S 15E 10 1 NE NE
09S 15E 10 9 SE NE
Place of Use Legal Description : FIRE PROTECTION (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
09S 15E 10 1 NE NE
09S 15E 10 9 SE NE
09S 15E 11 3 NW NW
09S 15E 11 11 SW NW
Place of Use Legal Description : MITIGATION BY NON-USE (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
09S 15E 10 1 NE NE
09S 15E 10 9 SE NE
09S 15E 11 11 SW NW

Conditions

Code Condtions
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 36-17169. To prevent injury to other water right holders, the right holder shall cease diverting 0.04 cfs of this right for irrigation uses from Niagara Springs. If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 36-17169. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 36-17169 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 36-17184. To prevent injury to other water right holders, the right holder shall cease diverting 0.04 cfs of this right for domestic purposes from Niagara Springs. If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 36-17184. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 36-17184 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
X27 This right is limited to the irrigation of 2.0 acres within the authorized place of use in a single irrigation season.
X35 Rights 36-2704, and 36-15221 when combined shall not exceed a total diversion rate of 120 cfs and a total annual maximum diversion volume of 48,180 af.
071 The domestic use authorized under this right shall not exceed 13,000 gallons per day and does not include lawn, garden, landscape, or other types of irrigation.
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. 130.
R68 This right when combined with all other rights shall provide no more than 0.03 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the place of use.
K01 Right No. 36-15221 is an enlargement of this right pursuant to Section 42-1426, Idaho Code.
077 Water shall not be diverted for fire protection use under this right except to fight or repel an existing fire.
106 Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture.
122 The right holder shall not divert water at a rate exceeding what is reasonably necessary for the beneficial use authorized by this right.
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.
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.
214 Prior to the diversion and use of water under Transfer approval 77695, 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 maintain an existing measuring device.
Right No. 36-15221 is also diverted from the northernmost of the three points of diversion (aka Niagara Utility Line).
Use of this water right shall be subject to the terms and conditions of the Niagara Springs Agreement, dated September 30,1993, and the Amendment to Niagara Springs Agreement, dated July 24, 2002.
Dates
  • Licensed Date :
  • Decreed Date : 10/18/2002
  • 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 : S
  • Water District Number : 130
  • 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