Water Right Report : 45-628( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner MARCHANT, CELIA S 24 E 1975 S OAKLEY ID 83346-5005
Current Owner MARCHANT, GERALD L 24 E 1975 S OAKLEY ID 83346-5005
Security Interest D L EVANS BANK PO BOX 87 TWIN FALLS ID 83303-0087
Security Interest LEWISTON STATE BANK C/O WESTERN AGCREDIT FLCA PO BOX 95850 SOUTH JORDAN UT 84095-0850

Water Right Status

Priority Date : 4/1/1912
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 13S 23E 32 0 SE SE CASSIA Rediversion
GROUND WATER 14S 23E 9 0 NE NW CASSIA
GROUND WATER 14S 23E 9 0 NE NW CASSIA Injection

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/15 11/15 0.08 CFS
TOTAL 0.08 CFS

Places of Use

Place of Use Legal Description : IRRIGATION (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
13S 23E 32 SW NE 40.0
13S 23E 32 NW SE 36.0
Irrigation Totals
Total Acres Acre Limit
76.00

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.
G03 WATER DIVERTED UNDER THIS RIGHT IS EXCHANGED BY INJECTING WATER DIVERTED UNDER THIS RIGHT INTO WARM SPRINGS AT THE POINT OF INJECTION DESCRIBED ABOVE, AND DIVERTING AN EQUAL AMOUNT FROM MILL CREEK AT THE POINT OF REDIVERSION DESCRIBED ABOVE.
E56 USE OF THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 76 ACRES IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 45-545, 45-546, 45-547, 45-628, 45-2497.
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.
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 : 140
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit : 76.00
  • Combined Volume Limit:
  • 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

IDAHO DEPARTMENT OF WATER RESOURCES

10/13/2026