Water Right Report : 45-86-D ( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner HALE, UTAUNA K 330 W POPLAR ST OAKLEY ID 83346-9729
Current Owner HUNTER, CHAD W 330 W POPLAR ST OAKLEY ID 83346-9729
Directors Report Owner LUKER, DANNY 330 W POPLAR OAKLEY ID 83346
Directors Report Owner LUKER, KATHLEEN 330 W POPLAR OAKLEY ID 83346
Original Owner GARNER, BLAIR 330 W POPLAR OAKLEY ID 83346
Original Owner GARNER, JULIE 330 W POPLAR OAKLEY ID 83346
Original Owner HUNTER, MAVIS C RT 1 BOX 1-A OAKLEY ID 83346
Original Owner HUNTER, RALPH W RT 1 BOX 1-A OAKLEY ID 83346

Water Right Status

Priority Date : 4/1/1881
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
BIRCH CREEK GOOSE CREEK

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
BIRCH CREEK 14S 22E 14 0 SE SE SE CASSIA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 2/28 11/15 0.03 CFS 1.60 AFA
TOTAL 0.03 CFS 1.60 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (CASSIA county)
Township Range Section Lot QQQ QQ Q Acres
13S 22E 33 SW SW 0.4
Irrigation Totals
Total Acres Acre Limit
0.40

Conditions

Code Condtions
S21 USE OF THIS RIGHT IS COMBINED WITH WATER FROM OAKLEY CANAL CO.
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.
E55 USE OF THIS RIGHT WITH RIGHT NO. 45-10249 IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF .4 ACRES IN A SINGLE IRRIGATION SEASON.
177 The operation and use of this water right is also subject to the terms and conditions of the Water Rotation Agreement (“Agreement”) entered into by certain users on 10 September, 1992. The Agreement was filed and recorded in the office of the Cassia County Recorder on 27 May, 1993 as Instrument No.: 224804; the provisions of such Agreement to apply fully to this water right.
PURSUANT TO APPROVED TRANSFER NO. 4272: 1. USE OF WATER UNDER THIS RIGHT WILL BE REGULATED BY THE WATER MASTER OF STATE WATER DISTRICT NO. 45B. 2. A MEASURING DEVICE OF A TYPE APPROVED BY THIS DEPARTMENT SHALL BE MAINTAINED AS A PART OF THE DIVERTING WORKS. 3. THIS RIGHT WHEN COMBINED WITH ALL OTHER RIGHTS SHALL PROVIDE NO MORE THAN 4.0 AFA PER ACRE FOR THE LANDS ABOVE. 4. APPROVAL OF THIS TRANSFER IN NO WAY GRANTS ANY RIGHT-OF-WAY OR EASEMENT FOR USE OF A DELIVERY SYSTEM OWNED BY PERSON(S) OTHER THAN THE RIGHT OWNER. 5. FAILURE TO COMPLY WITH THE CONDITIONS OF THIS TRANSFER IS CAUSE FOR THE DIRECTOR TO ISSUE AN ORDER TO SHOW CAUSE WHY THE APPROVAL OF THE TRANSFER SHOULD NOT BE RESCINDED. 6. APPROVAL OF THIS TRANSFER DOES NOT PRECLUDE THE OPPORTUNITY FOR REVIEW OF THE VALIDITY OF THE WATER RIGHT(S) IN THE ONGOING SNAKE RIVER BASIN ADJUDICATION. 7. PLACE OF USE IS LOCATED WITHIN W1/2 LOT 2, BLOCK 11, OAKLEY.
Dates
  • Licensed Date :
  • Decreed Date : 5/18/2006
  • 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 : 45B
  • 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

IDAHO DEPARTMENT OF WATER RESOURCES

10/13/2026