Water Right Report : 37-21118( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner KEARSLEY, BENJAMIN PO BOX 1044 VICTOR ID 83455-1031
Current Owner KEARSLEY, SHAYLEE PO BOX 1044 VICTOR ID 83455-1031
Original Owner DAWSON, DAVID PO BOX 2541 HAILEY ID 83333
Previous Owner CLARK, CHERRY A PO BOX 3005 BONNERS FERRY ID 59844
Previous Owner CLARK, DENNIS D PO BOX 3005 BONNERS FERRY ID 59844
Security Interest D L EVANS BANK PO BOX 64 RIGBY ID 83442-0064

Water Right Status

Priority Date : 12/3/1966
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 05S 15E 33 0 NE SW SW GOODING

Water Uses

Beneficial Use From To Diversion Rate Volume
COMMERCIAL 01/01 12/31 0.05 CFS 6.70 AFA
TOTAL 0.05 CFS 6.70 AFA

Places of Use

Place of Use Legal Description : COMMERCIAL (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
05S 15E 33 SW SW
05S 15E 33 SE SW

Conditions

Code Condtions
X35 Rights 37-21117 and 37-21118 when combined shall not exceed a total diversion rate of 0.06 cfs.
Beginning on the date of approval of Transfer 69336, Rights 37-20950, 37-21117 and 37-21118 when combined are limited to the following schedule of allowed diversion volume. The diversion of water shall be evenly distributed throughout the authorized season of use, except that minor variations are allowed for seasonal fluctuations in water requirements. The right holder shall file a notice of acknowledgement with the Department prior to changing the annual diversion volume each time a change according to the schedule is required. Years 1 through 5 the rights are limited to 21.5 afa. Years 6 through 10 the rights are limited to 18.1 afa. Years 11 and beyond the rights are limited to 14.0 afa.
115 Prior to the diversion and use of water under Transfer approval 69336, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications.
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.
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.
046 Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department.
Commercial use is for a tree farm nursery located in the SWSW and SESW, S33, T5S, R15E.
020 Use of water under this right may be affected by an agreement between the protestant and the right holder.
The model used to calculate depletion effects and mitigation for the Milner to King Hill reach may also show gains in other reaches of the Snake River. Such gains have not been quantified at this time. The right holder retains the right to seek quantification of such gains resulting from this transfer approval. Protestants retain the right to object to the quantification of such gains. If such reach gains are quantified and acknowledged by the Department, credits for such gains shall be available for use only after the Department has implemented a system for administering such credits.
T07 The right holder shall accomplish the change authorized by this transfer within one (1) 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 : 8/27/2001
  • 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
  • Combined Acre Limit :
  • Combined Volume Limit:
  • Combined Rate Limit: 0.06
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False