Priority Date : 1/12/1984
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BIRCH CREEK
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BIRCH CREEK
06S
13E
35
0
SW
NW
SW
GOODING
BIRCH CREEK
06S
13E
35
0
SW
SE
SW
GOODING
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
FISH PROPAGATION
01/01
12/31
6.00 CFS
4340.00 AFA
TOTAL
6.00 CFS
4340.00 AFA
Places of Use
Place of Use Legal Description : FISH PROPAGATION (GOODING county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
13E
34
NE
SE
06S
13E
35
NW
SW
06S
13E
35
SE
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.
027
Use of water under this right shall be non-consumptive.
This right authorizes the simultaneous diversion and use of up to 6.00 cfs of water from Birch Creek at each of the two authorized points of diversion.
122
The right holder shall not divert water at a rate exceeding what is reasonably necessary for the beneficial use authorized by this right.
X36
Rights 37-797 and 37-799 are also diverted through the point of diversion in the SW¼NW¼SW¼ Sec. 35, T6S, R13E, B.M., described above.
X35
Rights 37-797, 37-799 and 37-7116 when combined shall not exceed a total diversion rate of 6.00 cfs.
The agreement dated March 30, 1972, among Vernon J. Huff, E. Bud Jensen and Paul Fleming, is a part of this right for purposes of delivering water between the parties or their successors in interest.
T18
For each authorized point of diversion, the right holder shall maintain a means of measurement and lockable controlling works acceptable to the Department.