Water Right Report : 45-554( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner BASIL K FAIRCHILD FAMILY TRUST 1853 E GLACIER SUMMIT CT DRAPER UT 84020-8883
Original Owner FAIRCHILD, BETTY JANE 1975 S 25 W OAKLEY ID 83346
Previous Owner FAIRCHILD, BASIL 2025 S 00 E OAKLEY ID 83346-8704

Water Right Status

Priority Date : 12/31/1879
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
MILL CREEK SINKS

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
MILL CREEK 14S 23E 4 4 NW NW NW CASSIA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/15 11/15 0.40 CFS 100.00 AFA
STOCKWATER 01/01 12/31 0.03 CFS 1.40 AFA
TOTAL 0.40 CFS 101.40 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
13S 23E 32 NW NW 34.0
13S 23E 32 SE NW 40.0
13S 23E 32 NE SW 37.0
13S 23E 32 SE SW 34.0
Place of Use Legal Description : STOCKWATER (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
13S 23E 32 NW NW
13S 23E 32 SE NW
13S 23E 32 NE SW
13S 23E 32 SE SW
Irrigation Totals
Total Acres Acre Limit
145.00 25.00

Conditions

Code Condtions
C22 Priority of appropriation shall give the better right as among those using the surface and ground waters of Mill Creek, Warm Springs, Spring Creek, Summit Creek, and their tributaries, and rights having the same priority date shall share equally in the available water supply in a manner that will equally apportion all natural channel losses among rights having the same date of priority. For example, if there are seven points of diversion from the natural channel, which have the same 1879 date of priority, and the flow in the stream is equal to one-half of the amount of flow necessary to fully satisfy all of the 1879 priorities at their respective points of diversion, then the diversion rates at each of the seven points of diversion shall be reduced by one-half. A pro rata sharing of the water in the stream shall continue to be enforced among rights of equal 1879 priority until the watermaster shall have determined that water in the stream is inadequate to reach a downstream 1879 point of diversion in a sufficient quantity to be applied to beneficial use. Thereafter, upstream 1879 appropriators who are still able to receive water in a sufficient quantity to be applied to beneficial use shall continue a pro rata sharing of the water in the stream.
C21 During times of low flow when the quantity of water is not sufficient to fill all the December 31, 1879 priority rights from the surface and ground waters of Mill Creek, Warm Springs, Spring Creek, Summit Creek, and their tributaries, the practice of delivery by rotation among individual appropriators within groups of water users may occur by agreement of the parties, or according to common practice and usage, provided that no water right user shall be denied the right to receive water on a continuous flow basis by reason of this decree.
USE OF THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 25 ACRES IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 45-554, 45-555, & 45-654.
E53 USE OF THIS RIGHT WITH RIGHT NO. 45-555 IS LIMITED TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 100.0 AF FOR IRRIGATION PURPOSES.
E56 USE OF THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 145 ACRES IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 45-554, 45-555, 45-556, 45-557, 45-572, & 45-654.
K06 THIS RIGHT IS LIMITED TO THE IRRIGATION OF 25 ACRES WITHIN THE PLACE OF USE DESCRIBED ABOVE IN A SINGLE IRRIGATION SEASON.
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.
E54 USE OF THE RIGHTS LISTED BELOW IS LIMITED TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 580.0 AF FOR IRRIGATION PURPOSES. COMBINED RIGHT NOS.: 45-554, 45-555, 45-556, 45-557, & 45-572.
E61 USE OF THE RIGHTS LISTED BELOW IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 2.5 CFS AND TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 584.2 AF. COMBINED RIGHT NOS.: 45-554, 45-555, 45-556, 45-557, & 45-572.
020 Use of water under this right may be affected by an agreement between the protestant and the right holder.
Dates
  • Licensed Date :
  • Decreed Date : 5/6/2005
  • 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 : 45A
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit :
  • Combined Volume Limit: 100.00
  • Combined Rate Limit:
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False