Priority Date : 6/15/1887
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
LOVING CREEK
SILVER CREEK
SILVER CREEK
LITTLE WOOD RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
LOVING CREEK
01S
19E
24
0
NE
SE
NW
BLAINE
SILVER CREEK
01S
20E
20
0
NE
SW
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/15
10/31
1.35 CFS
TOTAL
1.35 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
01S
20E
20
NW
NE
21.0
01S
20E
20
NE
NW
39.0
Irrigation Totals
Total Acres
Acre Limit
60.00
Conditions
Code
Condtions
X35
Rights 37-448C and 37-2739 when combined shall not exceed the irrigation of 60 acres.
192
When water is diverted under this right at the Point of Diversion, located in TWP 01S, RNG 20E, Sec. 20 NESW, the watermaster shall deliver 0.04 cfs from right 37-448C into the point of diversion, located in TWP 01S, RNG 19E, Sec. 24 NESENW, locally known as the Gillihan Ditch, to mitigate for injury to other water users which have historically relied on sharing ditch loss with the right owner. Future adjustment to the amount needed for mitigation may be made by IDWR if improved conveyance loss analysis is developed. If water use from the headgate located in TWP 01S, RNG 20E, Sec. 20 NESW is curtailed the mitigation requirement ceases.
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.
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(s).
004
This right does not grant any right-of-way or easement across the land of another.
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.