Priority Date : 6/30/1878
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BIRCH CREEK
SNAKE RIVER
BIRCH CREEK
SOUTH FORK
BIRCH CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BIRCH CREEK
06S
13E
34
0
NW
SE
SE
GOODING
BIRCH CREEK
06S
13E
35
0
NE
SW
SW
GOODING
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
03/15
11/15
0.60 CFS
MITIGATION BY NON-USE
03/15
11/15
0.04 CFS
TOTAL
0.64 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (GOODING county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
13E
34
NE
SE
2.9
06S
13E
34
SE
SE
39.0
06S
13E
35
SW
SW
36.0
07S
13E
1
4
SW
NW
6.0
07S
13E
2
2
SW
NE
6.8
07S
13E
2
1
SE
NE
28.0
Place of Use Legal Description : MITIGATION BY NON-USE (GOODING county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
07S
13E
2
2
SW
NE
07S
13E
2
1
SE
NE
Irrigation Totals
Total Acres
Acre Limit
118.70
39.50
Conditions
Code
Condtions
X27
This right is limited to the irrigation of 39.5 acres within the authorized place of use in a single irrigation season.
X35
Rights 37-795, 37-796, 37-798, 37-3155, 36-10446, and 36-15094 when combined shall not exceed the irrigation of 46.1 acres.
206
Rights 37-795, 37-796, 37-798, 37-3155, 36-10446, and 36-15094 are limited to the irrigation of a specific 46.1 acres within the 118.7 acre place of use authorized by this right in a single irrigation season. The specific 46.1 acres to be irrigated by the right holder are shown in the electronic shape file associated with this right in the geographic information system component of the water rights database maintained by the department. Before changing the 46.1 acres to be irrigated within the 118.7 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.
193
This right mitigates for the depletion of water resulting from the diversion and use of water under Right 36-17070. To prevent injury to other water right holders, the right holder shall cease diverting 0.04 cfs of this right from Birch Creek and the South Fork of Birch Creek for the irrigation of 2.5 acres as described by the mitigation by non-use portion of this right.
If the mitigation portion of this right is used for any purpose, then water shall not be diverted under Right 36-17070. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 36-17070 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
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. 130.
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).
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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.