Priority Date : 5/1/1884
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
MILL CREEK
SINKS
SPRING CREEK
MILL CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SPRING CREEK
14S
23E
3
0
SE
NE
SW
CASSIA
MILL CREEK
14S
23E
3
0
SE
NE
SW
CASSIA
Rediversion
MILL CREEK
14S
23E
3
0
NE
NW
SW
CASSIA
Rediversion
SPRING CREEK
14S
23E
3
0
NE
NW
SW
CASSIA
MILL CREEK
14S
23E
3
0
NE
SW
SE
CASSIA
Injection
MILL CREEK
14S
23E
10
0
SW
SE
NE
CASSIA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
03/15
11/15
0.30 CFS
TOTAL
0.30 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (CASSIA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
14S
23E
3
SW
SW
1.5
14S
23E
4
SW
NE
13.0
14S
23E
4
SE
NE
38.0
Irrigation Totals
Total Acres
Acre Limit
52.50
51.00
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.
T18
Prior to diversion of water under this approval, the right holder shall provide a means of measurement and lockable controlling works for all authorized points of diversion. The means of measurement and controlling works must be suitable for control of the diversions and acceptable to the watermaster.
X57
Approval of Transfer 67922 does not grant any right-of-way or easement for use of a delivery system owned by person(s) other than the right owner.
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. 45-A.
X27
This right is limited to the irrigation of 51 acres within the place of use described above in a single irrigation season.
X35
Rights 45-581C and 45-582C when combined shall not exceed irrigation of 51 acres.
WB4
The total instantaneous diversion of water from all points of diversion under Rights 45-581C, 45-582C and 45-685 shall not exceed 0.72 cfs.
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.
T07
The right holder shall accomplish the change authorized by transfer 67922 by January 13, 2006.
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.
T09
Approval of this transfer does not preclude the opportunity for review of the validity of this water right in the ongoing Snake River Basin Adjudication.