Water Right Report : 45-13545( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner WARD LAND & LIVESTOCK LLC 227 E 400 S BURLEY ID 83318-5684
Current Owner WARD, GLEN 227 E 400 S BURLEY ID 83318
Original Owner FEHLMAN, GRANT A PO BOX 101 MALTA ID 83342
Original Owner FEHLMAN, SHERRY L PO BOX 101 MALTA ID 83342

Water Right Status

Priority Date : 3/5/1956
Basis : Decreed
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 11S 23E 15 0 NE NE CASSIA
GROUND WATER 11S 23E 15 0 NW NE CASSIA
GROUND WATER 11S 23E 15 0 NW NE CASSIA
GROUND WATER 11S 23E 15 0 NW NE CASSIA

Water Uses

Beneficial Use From To Diversion Rate Volume
STOCKWATER 01/01 12/31 3.30 CFS 390.00 AFA
COMMERCIAL 01/01 12/31 3.30 CFS 390.00 AFA
DOMESTIC 01/01 12/31 0.06 CFS 2.40 AFA
TOTAL 3.30 CFS 390.00 AFA

Places of Use

Place of Use Legal Description : COMMERCIAL (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
11S 23E 14 SW NW
11S 23E 14 SW NW
11S 23E 15 NE NE
11S 23E 15 NE NE
11S 23E 15 NW NE
11S 23E 15 NW NE
11S 23E 15 SW NE
11S 23E 15 SW NE
11S 23E 15 SE NE
11S 23E 15 SE NE
11S 23E 15 SE NW
11S 23E 15 SE NW
11S 23E 15 NE SW
11S 23E 15 NE SW
11S 23E 15 SE SW
11S 23E 15 SE SW
11S 23E 15 NW SE
11S 23E 15 NW SE
11S 23E 15 SW SE
11S 23E 15 SW SE
Place of Use Legal Description : STOCKWATER (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
11S 23E 15 NE NE
11S 23E 15 NE NE
11S 23E 15 NW NE
11S 23E 15 NW NE
11S 23E 15 SE NE
11S 23E 15 SE NE
Place of Use Legal Description : DOMESTIC (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
11S 23E 15 NW NE

Conditions

Code Condtions
WB4 The total instantaneous diversion of water from all points of diversion under Right 45-13545 shall not exceed 3.30 cfs, nor total combined annual volume of 390.0 af.
T17 Prior to diversion of water under this approval, the right holder shall provide a means of measurement acceptable to the Department from all authorized points of diversion which will allow determination of the total rate of diversion.
115 Prior to the diversion and use of water under Transfer approval 69768, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications.
01Q After specific notification by the Department, the right holder shall measure the diversion or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department.
116 The water right holder shall maintain control of the necessary portion of rights 43-4037 and 43-7126 for mitigation purposes under Transfer approval 69768. The mitigation rights when combined are limited to the following schedule of allowed use which begins on the date of approval of the transfer. If the necessary portion of the mitigation rights are sold, transferred, leased, used on any place of use, or are not deliverable due to a priority call, then the amount of water authorized for diversion under this transfer approval shall be reduced by the same proportion of the amount reduced under the mitigation rights. The right holder shall file a notice of intent with the Department prior to the increased use of water under the mitigation rights each time an increase according to the schedule is sought. Years 1 through 8 the diversion and use of water under the rights are limited to 13.87 cfs, 4905.0 afa and 1226.3 acres (434.0 acres left unirrigated). Years 8 and beyond the diversion and use of water under the rights are limited to 16.32 cfs, 5773.0 afa and 1443.3 acres (217 acres left unirrigated).
114 The model used to calculate depletion effects and mitigation for the Milner to King Hill reach may also show gains in other reaches of the Snake River. Such gains have not been quantified at this time. The right holder retains the right to seek quantification of such gains resulting from Transfer approval 69768. Protestants retain the right to object to the quantification of such gains. If such reach gains are quantified and acknowledged by the Department, credicts for such gains shall be available for use only after the Department has implemented a system for administering such credits.
Commercial use is for a dairy.
082 Prior to the diversion and use of water under this approval, the right holder shall comply with applicable county zoning and use ordinances.
106 Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality.
WD8 The place of commercial use authorized by this approval includes land upon which wastewater may be applied for irrigation purposes to satisfy water quality requirements. Water diverted under this approval shall not be used for irrigation unless the water is first used in the dairy as authorized by this water rights.
Domestic use is for 2 homes.
T07 The right holder shall accomplish the change authorized by this transfer within one (1) 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 : 7/18/2002
  • 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 : S
  • Water District Number : 140
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False