Priority Date : 6/1/1888
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BOISE RIVER
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BOISE RIVER
05N
05W
25
6
NW
NW
CANYON
Injection
BOISE RIVER
05N
05W
25
2
SW
SE
CANYON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MITIGATION
03/01
11/15
0.11 CFS
TOTAL
0.11 CFS
Places of Use
Place of Use Legal Description : MITIGATION (CANYON county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
05N
05W
23
NW
NE
05N
05W
23
SW
NE
05N
05W
23
SE
NE
05N
05W
23
NE
NW
05N
05W
23
SE
NW
05N
05W
23
NE
SE
05N
05W
23
SE
SE
05N
05W
24
NE
SW
05N
05W
24
NW
SW
05N
05W
24
SW
SW
05N
05W
24
SE
SW
05N
05W
24
SW
SE
Conditions
Code
Condtions
This right is diverted from the Boise River in the SWSE, S25, Twp. 5N, Rge. 5W, and injected into Sand Hollow Creek in the NWNW, S25, Twp. 5N, Rge. 5W for mitigation of Sand Hollow Creek Right Nos. 63-33570 and 63-33571.
183
Whenever it becomes necessary for the watermaster to deliver this right the following condition shall apply. This right shall receive 100 percent of its decreed quantity until the natural flow of the waters of the Boise River shall decrease so that all rights containing this condition cannot receive 100 percent of their decreed quantities, at which time this right and the other rights containing this condition shall first be cut to 75 percent of their decreed quantities, as the natural flow of the river decreases, beginning with the latest rights containing this condition and proceeding to the earliest rights containing this condition in the order of their priority dates, and after all of the rights containing this condition shall have been reduced to 75 percent of their decreed quantities, should the natural flow of the waters of the river decrease below the amount necessary to supply 75 percent of those decreed quantities, then this right and the other rights containing this condition, beginning with the latest and proceeding to the earliest, shall be reduced to 60 percent of their decreed quantities.
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.
Diversion for mitigation water under this water right prior to April 1 and after October 31 shall occur only when the natural flow of the Boise River below the Star Bridge in Township 04 North, Range 01 West, Section 18, NE¼ of the SE¼ of the SE¼, Boise Meridian (approximate river mile 33.9) is sufficient for water to be available for diversion at the point of diversion described above, provided that any such use of this water right prior to April 1 and after October 31 shall not interfere with storage of water under water rights for Lucky Peak, Lake Lowell, Arrowrock, or Anderson Ranch Reservoirs.
SD1
This right originated as all or part of right no. 104 in the Stewart Decree and the historic Boise River Water Masters records.
C05
Right includes accomplished change in place of use pursuant to Section 42-1425, Idaho Code.
C04
Right includes accomplished change in purpose of use pursuant to Section 42-1425, Idaho Code.