Water Right Report : 37-2128( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney MARTEN LAW LLP PO BOX 2139 BOISE ID 83701-2139
Current Owner STATE OF IDAHO TRUSTEE PO BOX 83720 BOISE ID 83720-0010
Original Owner WRENCH, A M ID
Present Owner IDAHO POWER COMPANY PO BOX 70 BOISE ID 83707-0070

Water Right Status

Priority Date : 11/25/1908
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
COVE CREEK MALAD RIVER
MALAD RIVER SNAKE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
COVE CREEK 06S 13E 25 0 SW SW GOODING
COVE CREEK 06S 13E 35 0 NE NW GOODING Injection
COVE CREEK 06S 13E 35 0 NE NW GOODING Rediversion
MALAD RIVER 06S 13E 35 0 NE NW GOODING

Water Uses

Beneficial Use From To Diversion Rate Volume
POWER 1/01 12/31 700.00 CFS
TOTAL 700.00 CFS

Places of Use

Place of Use Legal Description : POWER (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
06S 13E 27 2 SW SW

Conditions

Code Condtions
C18 This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code.
G01 Point of injection and point of rediversion from the Malad River.
1. Right Nos. 02-0100, 02-2001A, 02-2001B, 02-2032A, 03-2032B, 02-2036, 02-2056, 02-2057, 02-2059, 02-2060, 02-2064, 02-2065, 02-4000A, 02-4000B, 02-4001A, 02-4001B, 02-10135, 36-2013, 36-2018, 36-2026, 37-2128, 37-2471, 37-2472, 37-20709 and 37-20710 entitle the Company to unsubordinated average daily flows of 3900 CFS from April 1 to October 31, and 5600 CFS from November 1 to March 31, both to be measured at the Murphy U.S.G.S. gauging station immediately below Swan Falls. These flows are not subject to depletion by junior water right holders. (Exceptions to the Company’s unsubordinated average daily flows are listed below in paragraphs 2 through 5.) The Murphy gauging station is located at latitude 43° 17’ 31”, Longitude 116° 25’ 12”, in T01S, R01W, S35, NWNESE, Boise Meridian, Ada County Hydrologic Unit 17050103, on the right bank 4.2 miles downstream from Swan Falls Power plant, 7.5 miles NE of Murphy, at river mile 453.5. 2. Right Nos. 02-0100, 02-2001A, 02-2001B, 02-2032A, 03-2032B, 02-2036, 02-2056, 02-2057, 02-2059, 02-2060, 02-2064, 02-2065, 02-4000A, 02-4000B, 02-4001A, 02-4001B, 02-10135, 36-2013, 36-2018, 36-2026, 37-2128, 37-2471, 37-2472, 37-20709 and 37-20710, when used in combination in amounts specified above shall be subordinate to subsequent beneficial upstream uses upon approval of such uses by the Idaho Department of Water Resources in accordance with State law unless the depletion violates the flows set forth in paragraph 1. Average daily flow, as used herein, shall be based upon actual flow conditions; thus, any fluctuations resulting from the operation of Company facilities shall not be considered in the calculation of the minimum daily stream flows set forth herein. 3. The rights listed in paragraphs 1 and 2 above are subordinate to the water rights of those persons dismissed from Idaho Power Co. v State of Idaho, Case No. 81375 (Fourth Judicial Dist. Feb. 16, 1990) pursuant to the contract executed between the State and Company implementing the terms of I.C. §§ 61-539 and 61-540. 4. The rights listed in paragraphs 1 and 2 above are subordinate to those water rights with a priority date prior to October 1, 1984. 5. The portion of Right Nos. 02-0100, 02-2001A, 02-2001B, 02-2032A, 03-2032B, 02-2036, 02-2056, 02-2057, 02-2059, 02-2060, 02-2064, 02-2065, 02-4000A, 02-4000B, 02-4001A, 02-4001B, 02-10135, 36-2013, 36-2018, 36-2026, 37-2128, 37-2471, 37-2472, 37-20709 and 37-20710, in excess of the amounts set forth in paragraph 1 are held in trust by the state of Idaho, by and through the governor, for the use and benefit of the users of water for power purposes and of the people of the state of Idaho as provided for in the contract entered into by the governor and the Idaho Power Company on October 25, 1985 and ratified by the Idaho Legislature by Idaho Code § 42-203B(5).
Power generation is at the Lower Malad Gorge Power Plant.
Legal Title Although the name of the State of Idaho appears in the Name and Address section of this partial decree, legal title is held in trust by the State of Idaho, for the use and benefit of the user of the water, Idaho Power Company, for power purposes and the people of the State of Idaho, pursuant to the Swan Falls Agreement and Idaho Code §42-203B. Equitable title IDAHO POWER CO PO BOX 70 BOISE ID 83707 Equitable title STATE OF IDAHO, in and for the people of the State of Idaho STATEHOUSE PO BOX 83720 BOISE ID 83720
700 CFS is held in trust for the use and benefit of the user of the water for power purposes, and of the people of the State of Idaho. The quantity of this right is further defined below in “Other Provisions Necessary for Definition or Administration of this Water Right.”
Dates
  • Licensed Date :
  • Decreed Date : 1/12/2012
  • 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 : TBD
  • 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

IDAHO DEPARTMENT OF WATER RESOURCES

10/14/2026