Water Right Report : 37-2492( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney HAEMMERLE, FRITZ X HAEMMERLE LAW PLLC PO BOX 1800 HAILEY ID 83333-1800
Current Owner HEART ROCK RANCH LLC 10302 HIGHWAY 75 BELLEVUE ID 83313-5102
Representative BROCKWAY ENGINEERING PLLC C/O CHARLES E BROCKWAY 2016 WASHINGTON ST N STE 4 TWIN FALLS ID 83301

Water Right Status

Priority Date : 9/16/1948
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 01S 18E 14 0 NE NE NE BLAINE

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/15 10/31 2.70 CFS 406.40 AFA
WILDLIFE 04/15 10/31 0.05 CFS 8.40 AFA
RECREATION 04/15 10/31 0.05 CFS 8.40 AFA
AESTHETIC 04/15 10/31 0.05 CFS 8.40 AFA
TOTAL 2.75 CFS 414.80 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (BLAINE county)
Township Range Section Lot QQQ QQ Q Acres
01S 18E 14 NE NE 31.0
01S 18E 14 NW NE 13.6
01S 18E 14 SW NE 37.9
01S 18E 14 SE NE 27.0
01S 18E 14 NE NW 0.5
01S 18E 14 SE NW 12.5
Place of Use Legal Description : WILDLIFE (BLAINE county)
Township Range Section Lot QQQ QQ Q Acres
01S 18E 14 NW NE
01S 18E 14 SW NE
01S 18E 14 SE NW
Place of Use Legal Description : RECREATION (BLAINE county)
Township Range Section Lot QQQ QQ Q Acres
01S 18E 14 NW NE
01S 18E 14 SW NE
01S 18E 14 SE NW
Place of Use Legal Description : AESTHETIC (BLAINE county)
Township Range Section Lot QQQ QQ Q Acres
01S 18E 14 NW NE
01S 18E 14 SW NE
01S 18E 14 SE NW
Irrigation Totals
Total Acres Acre Limit
122.50 116.10

Conditions

Code Condtions
X27 This right is limited to the irrigation of 116.1 acres within the authorized place of use in a single irrigation season.
X35 Rights 37-2492 and 37-22051 are limited to a total combined diversion rate of 2.75 cfs.
X35 Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, 37-577AZ, 37-2492 and 37-22050 when combined shall not exceed the irrigation of 1063.5 acres.
X35 Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-69B, 37-70, 37-71B, 37-139, 37-180, 37-181, 37-230, 37-231A, 37-231B, 37-232, 37-233, 37-577AZ, 37-1187, 37-1207, 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, 37-22459 and 37-22533 when combined shall not exceed a total diversion rate of 76.74 cfs.
X35 Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-69B, 37-70, 37-71B, 37-139, 37-180, 37-181, 37-230, 37-231A, 37-231B, 37-232, 37-233, 37-310A, 37-577AZ, 37-1187, 37-1207, 37-2492, 37-2538, 37-2597, 37-2764, 37-19831, 37-22050, 37-22051, 37-22052, 37-22459 and 37-22533 when combined shall not exceed a total diversion rate of 78.1 cfs.
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 diversions.
This right is the primary right for the irrigation of 84.5 acres within the place of use described above.
This right is the supplemental right for the irrigation of 31.6 acres within the place of use described above.
2.4 acres were agreed upon to be dried up under water right 37-2492 to account for consumptive use associated with the storage components of water right 37-22459.
065 The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the diversion of ground water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right.
105 If the surface water rights appurtenant to the place of use is abandoned, forfeited, sold, transferred, leased or used on any other place of use, this right to divert ground water shall not be used for irrigation purposes without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required.
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. 37.
The right holder shall be able to pump from any ground water right point of diversion during the irrigation season to the extent permitted by law, but shall not pump from any ground water right during the non-irrigation season. The right holder is free to maintain any ground water point of diversion in any lawful fashion during any time of year in order to maintain diversion rates under this right.
205 The approval of this transfer redefines all of the elements of this water right, and the new use of water authorized by this approval shall constitute the full extent of the right.
206 This right is limited to the irrigation of a specific 116.1 acres within the 122.5 acre place of use authorized by this right in a single irrigation season. The specific 116.1 acres to be irrigated by the right holder shall be identified prior to use by submittal of a land list and a representative electronic shape file or by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with this right. Before changing the 116.1 acres to be irrigated within the 122.5 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur.
206 The rights in Transfers #75849 (37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, and 37-577AZ), #75852 (37-22050), and #75853 (37-2492), when combined are limited to the irrigation of a specific 1063.5 acres within the 1160.5 acre combined place of use in Sections 10, 11, 12, 14, and 15 authorized by these rights in a single irrigation season. The specific 1063.5 acres to be irrigated by the right holder shall be identified prior to use by submittal of a land list and a representative electronic shape file or by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with these rights in the geographic information system component of the water rights database maintained by the department. Before changing the 1063.5 acres to be irrigated within the 1160.5 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur.
The diversion and use of water described in this right may be subject to additional limitations agreed to by the protestant(s) and the right holder under the Stipulation to Resolve Protests dated January 20, 2011 to which the Department is not a party and which may be enforceable by a court of law.
T07 The right holder shall accomplish the change authorized by this transfer within five years 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 : 8/31/2010
  • 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 : S
  • Water District Number : 37
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit : 1063.50
  • Combined Volume Limit:
  • Combined Rate Limit:
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False