Priority Date : 11/12/1936
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BIG WOOD RIVER
MALAD RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BIG WOOD RIVER
02N
18E
16
0
SE
SW
NE
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MITIGATION
04/15
10/31
0.08 CFS
TOTAL
0.08 CFS
Places of Use
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.
Pursuant to a call in times of scarcity, this right is senior to all other rights that did not result from saved water in the Rockwell By-Pass, as established by and subject to the provisions included within the Rockwell vs. Coffin decree issued on 29 July, 1949.
Rockwell By-Pass owners must maintain the by-pass for the entire length of the by-pass capable of carrying 17.36 cfs of water during the irrigation season.
The saved water shall be made available to the Rockwell By-Pass saved water right holders any time the Rockwell By-Pass is being used to deliver water to Broadford Slough right holders. The Rockwell saved water rights shall be curtailed when calls for senior water rights from the Broadford Slough cannot be delivered.
193
This right mitigates for the depletion of water resulting from the diversion and use of water under Right 37-8760. To prevent injury to other water right holders, the right holder shall cease diverting and using 0.08 cfs of this right, which shall remain undiverted in the Big Wood River.
If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 37-8760. 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 37-8760 shall cease.
Mitigation use is for water left in the Big Wood River undiverted to allow diversion and use of right 37-8760 diverted from ground water.