Priority Date : 3/16/1938
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
JORDAN CREEK
OWYHEE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
JORDAN CREEK
05S
04W
6
2
NW
NE
OWYHEE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINING
1/01
12/31
0.41 CFS
296.80 AFA
DOMESTIC
1/01
12/31
0.02 CFS
0.60 AFA
TOTAL
0.41 CFS
296.80 AFA
Places of Use
Place of Use Legal Description : MINING (OWYHEE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
05S
04W
8
NE
NE
05S
04W
8
SW
NE
05S
04W
8
SE
NE
05S
05W
11
NE
SE
05S
05W
11
SW
SE
05S
05W
11
SE
SE
05S
05W
12
NE
SW
05S
05W
12
NW
SW
05S
05W
12
SW
SW
05S
05W
12
SE
SW
05S
05W
13
NE
NW
05S
05W
13
NW
NW
05S
05W
13
SW
NW
05S
05W
13
SE
NW
05S
05W
13
NW
SW
05S
05W
14
NE
NE
05S
05W
14
NW
NE
05S
05W
14
SW
NE
05S
05W
14
SE
NE
05S
05W
14
SE
SW
05S
05W
14
NE
SE
05S
05W
14
NW
SE
05S
05W
14
SW
SE
05S
05W
14
SE
SE
05S
05W
23
NE
NW
Place of Use Legal Description : DOMESTIC (OWYHEE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
05S
04W
8
NE
NE
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.
USE OF THIS RIGHT WITH RIGHT NO. 55-07078 IS LIMITED TO A TOTAL COMBINED DIVERSION RATE OF 1.52 CFS AND TO A TOTAL COMBINED ANNUAL DIVERSION VOLUME OF 1100.4 AF.
N12
THE QUANTITY OF WATER UNDER THIS RIGHT FOR DOMESTIC USE SHALL NOT EXCEED 13,000 GALLONS PER DAY.
DOMESTIC USE IS FOR OFFICES.
MINING USE IS FOR MINING AND MILLING OF SILVER AND GOLD ORE. THE WATER USED FOR MINING UNDER THIS RIGHT IS APPLIED TO AND IRRIGATES LAND LISTED IN THE PLACE OF USE TO SATISFY WATER QUALITY REQUIREMENTS. WATER SHALL NOT IRRIGATE GROWING PLANTS UNLESS THE WATER IS FIRST BENEFICIALLY USED IN THE EXTRACTION OF MINERALS AS AUTHORIZED BY THE WATER RIGHT.
A04
THIS RIGHT INCLUDES A CHANGE IN USE APPROVED BY ADMINISTRATIVE ORDER OF IDWR. THE CHANGE IN USE SHALL BE ACCOMPLISHED WITHIN ONE (1) YEAR OF THE DATE OF THE ADMINISTRATIVE ORDER APPROVING THE CHANGE.
A06
FAILURE TO COMPLY WITH THE CONDITIONS OF THE ADMINISTRATIVE ORDER IS CAUSE FOR IDWR TO ISSUE AN ORDER TO SHOW CAUSE WHY THE APPROVAL OF THE TRANSFER SHOULD NOT BE RESCINDED.
M01
A MEASURING DEVICE OF A TYPE APPROVED BY IDWR SHALL BE MAINTAINED AS A PART OF THE DIVERTING WORKS.
THIS RIGHT IS CONSIDERED TO BE WHOLLY CONSUMPTIVE.
AFTER SPECIFIC NOTIFICATION BY IDWR, THE RIGHT HOLDER SHALL MEASURE THE DIVERSION OR SHALL ENTER INTO AN AGREEMENT WITH IDWR TO DETERMINE THE AMOUNT OF WATER DIVERTED FROM POWER RECORDS AND SHALL ANNUALLY REPORT THE INFORMATION TO IDWR.
UPON RECEIVING A PETITION FOR DELIVERY CALL ON JORDAN CREEK AND A DETERMINATION BY IDWR THAT THE PRIOR WATER RIGHTS ARE NOT BEING SATISFIED, THE RIGHT HOLDER MUST CEASE DIVERTING WATER FROM JORDAN CREEK WHEN IT IS NOT AVAILABLE OR MUST FULLY MITIGATE FOR DEPLETIONS IN THE FLOW OF JORDAN CREEK CAUSED BY THE DIVERSION.
N10
THE QUANTITY OF WATER DECREED FOR THIS WATER RIGHT FOR DOMESTIC USE IS NOT A DETERMINATION OF HISTORICAL BENEFICIAL USE.
PRIOR TO DIVERSION AND USE OF WATER UNDER THIS RIGHT, THE RIGHT HOLDER SHALL COMPLY WITH ALL BONDING REQUIREMENTS OF APPROPRIATE GOVERNMENTAL ENTITIES.
USE OF WATER UNDER THIS APPROVAL SHALL COMPLY WITH APPLICABLE WATER QUALITY STANDARDS OF THE DIVISION OF ENVIRONMENTAL QUALITY OF THE IDAHO DEPARTMENT OF HEALTH AND WELFARE.