Water Right Report : 37-23430( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner BARNARD, STEPHEN T 18450 HIGHWAY 20 BELLEVUE ID 83313-5116

Water Right Status

Priority Date : 3/6/2023
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
LOVING CREEK SILVER CREEK

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
LOVING CREEK 01S 19E 14 0 NE NE BLAINE

Water Uses

Beneficial Use From To Diversion Rate Volume
WILDLIFE 01/01 12/31 2.00 CFS 1448.00 AFA
TOTAL 2.00 CFS 1448.00 AFA

Places of Use

Place of Use Legal Description : WILDLIFE (BLAINE county)
Township Range Section Lot QQQ QQ Q Acres
01S 19E 13 NW SW
01S 19E 14 SE NE
01S 19E 14 NE SE

Conditions

Code Condtions
X35 Rights 37-252, 37-712, and 37-23430 when combined shall not exceed a total diversion rate of 3.80 cfs.
R05 Use of water under this right may 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. 37.
R43 The right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion.
This right provides flow through water for the ponds associated with storage right 37-8569.
027 Use of water under this right shall be non-consumptive.
170 For mitigation, the right holder shall cease diverting and using water as authorized by the following water right for the purpose and amounts specified below. Moreover, the official record for the following water right will be changed to show that diversion and use of water is not authorized because the right, is being dedicated to mitigation by non-use. The mitigating right may also include a condition stating that the mitigation by non-use is for the benefit of this right. Use Changed to Mitigation Mitigation Mitigation Right No. Mitigation by Non-Use Rate (cfs) Volume (AF) Acres 37-8571 Wildlife 5.00 1,983.5 N/A If the specified mitigation right, or portion thereof, is sold, transferred, leased, used on any place of use, or is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this right approval shall be reduced by the same proportion as the reduction to the mitigation rights. In order to reflect the mitigation by non-use amounts identified in this condition, the following condition will be changed on rights 37-8571, 37-23424, and 37-22777 to reflect the mitigation by non-use identified above as follows: Rights 37-23424, 37-22777, 37-2553A, and 37-8571 when combined shall not exceed a total diversion rate of 5.18 cfs.
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 Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right.
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.
020 The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
Dates
  • Licensed Date : 10/21/2024
  • Decreed Date :
  • Permit Proof Due Date : 10/1/2024
  • Permit Proof Made Date : 8/28/2024
  • Permit Approved Date : 9/18/2023
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 3/6/2023
  • Protest Deadline Date: 4/24/2023
Other Information
  • State or Federal : S
  • Water District Number : 37
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • 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