Water Right Report : 63-134( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner IDAHO DEPARTMENT OF PARKS AND RECREATION PO BOX 83720 BOISE ID 83720-0065
Directors Report Owner HART DAVIS DITCH CO INC C/O JIM BRESZINSKY 1111 TROUT RD EAGLE ID 83616
Original Owner STATE OF IDAHO DEPT OF FISH AND GAME PO BOX 25 BOISE ID 83707-0025
Original Owner CATLIN, T C ZZ

Water Right Status

Priority Date : 6/1/1864
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 04N 01E 17 0 NW NW ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 3.18 CFS
MITIGATION BY NON-USE 03/01 11/15 0.13 CFS
TOTAL 3.30 CFS

Places of Use

Place of Use Legal Description : IRRIGATION (ADA county)
Township Range Section Lot QQQ QQ Q Acres
04N 01E 18 14.8
04N 01E 18 4 NW NW 40.0
04N 01E 18 3 SE NW 13.9
04N 01E 18 5 NW SW 19.2
04N 01W 13 2.8
04N 01W 13 6 SW NE 38.9
04N 01W 13 7 SE NE 40.0
04N 01W 13 NE SE 36.8
04N 01W 13 NW SE 35.8
04N 01W 13 SW SE 20.2
04N 01W 13 8 SE SE 13.9
Irrigation Totals
Total Acres Acre Limit
276.30

Conditions

Code Condtions
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 63-35594. To prevent injury to other water right holders, the right holder shall cease diverting 0.16 cfs of this right from the Boise River. If the mitigation portion of this right is used for any purpose other than conveyance loss, then water shall not be diverted under Right 63-35594. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 63-35594 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
F05 RIGHT NO. 63-31772 IS ALSO DIVERTED THROUGH THE POINT OF DIVERSION DESCRIBED ABOVE.
C03 RIGHT INCLUDES ACCOMPLISHED CHANGE IN POINT OF DIVERSION PURSUANT TO SECTION 42-1425, IDAHO CODE.
155 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 preceding 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 preceding 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.
F01 WATER IS DELIVERED THROUGH THE HART-DAVIS CANAL.
S45 Diversion for irrigation under this water right prior to April 1 and after October 31 shall occur only as authorized by the Water District 63 Water Master and only when water is being released for flood control by the United States from the Lucky Peak Dam outlet under procedures and requirements for the Memorandum of Agreement between the U.S. Department of the Army and the U.S. Department of the Interior for Flood Control Operations of the Boise River Reservoirs, dated November 20, 1953, the Water Control Manual for Boise River Reservoir dated April 1985 and any future amendments or revisions made thereto pursuant to state or federal procedures or law; provided that any such use of this water right prior to April 1 and after October 31 shall be subordinated to water rights for storage in Lucky Peak Reservoir, Lake Lowell, Arrowrock Reservoir, and/or Anderson Ranch Reservoir, as decreed in SRBA Case No. 39576.
E56 The rights listed below are limited to the irrigation of a combined total of 437.4 acres in a single irrigation season. Combined Right Nos.: 63-134, 63-33068, 63-33070.
SD1 This right originated as all or part of right no. 6 in the Stewart Decree and the historic Boise River Water Masters records.
Dates
  • Licensed Date :
  • Decreed Date : 12/9/2009
  • 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 : 63
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit : 449.00
  • 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

10/14/2026