Priority Date : 11/23/1981
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
GROUND WATER
10S
31E
33
0
SW
SE
POWER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
0.97 CFS
194.40 AFA
TOTAL
0.97 CFS
194.40 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (POWER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
10S
31E
33
NE
SW
23.0
10S
31E
33
NW
SW
4.0
10S
31E
33
SW
SW
15.0
10S
31E
33
SE
SW
28.0
Irrigation Totals
Total Acres
Acre Limit
70.00
48.60
Conditions
Code
Condtions
X27
This right is limited to the irrigation of 48.6 acres within the authorized place of use in a single irrigation season.
X35
Rights 41-9B and 41-7058 when combined shall not exceed a total diversion rate of 1.4 cfs and the irrigation of 70 acres.
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 place of use.
943
The right holder shall make full beneficial use of all surface water available to the right holder for irrigation of lands within the authorized place of use for this right. The right holder may divert ground water under this right to irrigate land with appurtenant surface water rights when the surface water supply is not reasonably sufficient to irrigate the place of use for this water right or is not available due to drought, curtailment by priority, or the seasonal startup and shutoff or maintenance schedule for canal company deliveries. The right holder shall not divert ground water for irrigation purposes under this right if use of the surface water supply is intentionally discontinued or reduced (for example abandoned, forfeited, sold, disallowed by court decree, or leased to the Water Supply Bank), or is not deliverable due to non-payment of annual assessments, without an approved transfer pursuant to Idaho Code § 42-222 or other Department approval.
01M
After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department.
048
The use of water under this right shall not give rise to any claim against the holder of a senior water right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable estoppel, estoppel by laches or customary preference.