Water Right Report : 37-865-A ( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner DRY CREEK PARTNERS C/O BILL NOVINGER 1598 E 1330 S GOODING ID 83330
Original Owner ROBERTSON, MABEL L ID
Security Interest RABO AGRIFINANCE LLC 14767 NORTH OUTER 40 RD STE 400 CHESTERFIELD MO 63017-2003

Water Right Status

Priority Date : 4/1/1905
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 05S 16E 7 2 NW SW NW GOODING

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/15 11/15 0.95 CFS 189.60 AFA
WILDLIFE STORAGE 03/15 11/05 12.00 AFA
AESTHETIC STORAGE 03/15 11/15 12.00 AFA
DIVERSION TO STORAGE 03/15 11/15 0.08 CFS
TOTAL 1.03 CFS 201.60 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
05S 14E 3 SW NE 37.8
05S 14E 3 SE NE 6.0
05S 14E 3 SE NW 0.7
05S 14E 3 NW SE 2.9
Place of Use Legal Description : WILDLIFE STORAGE (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
05S 14E 3 NE SW
05S 14E 3 NW SE
Place of Use Legal Description : AESTHETIC STORAGE (GOODING county)
Township Range Section Lot QQQ QQ Q Acres
05S 14E 3 NE SW
05S 14E 3 NW SE
Irrigation Totals
Total Acres Acre Limit
47.40 47.40

Conditions

Code Condtions
X27 This right is limited to the irrigation of 47.4 acres within the authorized place of use in a single irrigation season.
X35 Rights 37-865A and 37-865B when combined for irrigation use shall not exceed a total diversion rate of 5.52 cfs for irrigation, a total annual maximum diversion volume of 1104.0 af for irrigation at the field headgate, and the irrigation of 276 acres.
Right 37-865A authorizes the diversion of 0.08 cfs and an annual total of 12.0 af to be used for the replacement of losses caused by evaporation from the 4.0 acre total surface area of the pond established under Right 37-8894.
The right holder shall retain the canal shares historically used on the 4.0 acres previously irrigated under this right within the confines of the remaining irrigation place of use of Rights 37-580, 37-865A &37-865B and shall continue to allow the irrigation overflow to return to Black Canyon Creek.
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 diversions.
161 Delivery of this right is subject to the water exchange provisions contained in Bureau of Reclamation contract no. 14-06-W-73, executed October 14, 1954, between the United States of America and American Falls Reservoir District No. 2, as supplemented by Bureau of Reclamation contract no. 14-06-100-6031, executed June 1, 1962, between and among the United States of America, American Falls Reservoir District No. 2, and the Big Wood Canal Company.
F01 Water is delivered through the Robertson Ditch.
S03 Use of this right is combined with water from American Falls Reservoir Dist. No. 2.
S05 Use of this right is combined with water from Big Wood Canal Co.
004 This right does not grant any right-of-way or easement across the land of another.
R64 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above when delivered via pump and pressurized irrigation system.
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.
Dates
  • Licensed Date :
  • Decreed Date : 9/29/2006
  • 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 :
  • Water District Number : 37
  • Generic Max Rate Per Acre : 0.02
  • Generic Max Volume Per Acre : 4
  • Combined Acre Limit : 276.00
  • Combined Volume Limit: 1116.00
  • Combined Rate Limit: 5.60
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False

IDAHO DEPARTMENT OF WATER RESOURCES

10/16/2026