Priority Date : 5/1/1883
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
MILL CREEK
SINKS
SUMMIT CREEK
SINKS
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
MILL CREEK
14S
23E
10
0
NE
NW
NW
CASSIA
SUMMIT CREEK
14S
23E
22
0
SE
NW
NW
CASSIA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
03/15
11/15
0.42 CFS
TOTAL
0.42 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (CASSIA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
14S
23E
5
SE
NW
33.0
14S
23E
5
NE
SW
33.0
Irrigation Totals
Total Acres
Acre Limit
66.00
48.00
Conditions
Code
Condtions
E56
USE OF THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 66 ACRES IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 45-590B, 45-591, & 45-13604.
K06
THIS RIGHT AND RIGHT NO. 45-590B ARE LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 48 ACRES WITHIN THE PLACE OF USE DESCRIBED ABOVE IN A SINGLE IRRIGATION SEASON.
E61
USE OF THE RIGHTS LISTED BELOW IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 0.96 CFS AND TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 2.70 AF. COMBINED RIGHT NOS.: 45-590B, 45-591, & 45-13604.
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.
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.
K01
RIGHT NO. 45-13604 IS AN ENLARGEMENT OF RIGHT NOS. 45-590B & 45-591 PURSUANT TO SECTION 42-1426, IDAHO CODE.