Water Right Report : 63-145( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner EUREKA WATER CO C/O BILL CLAYTON PO BOX 10 STAR ID 83669-0010
Representative STEENSON, DANIEL V SAWTOOTH LAW OFFICES PLLC 1101 W RIVER ST STE 110 BOISE ID 83702-7067

Water Right Status

Priority Date : 6/1/1865
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 01W 24 6 NW SE NW ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/01 10/31 33.02 CFS
GROUND WATER RECHARGE 04/01 10/31 0.15 CFS 28.40 AFA
AESTHETIC STORAGE 4 /1 10/31 22.60 AFA
DIVERSION TO STORAGE 4 /1 10/31 0.13 CFS
MITIGATION BY DELIVERY 04/01 10/31 0.02 CFS 4.20 AFA
TOTAL 33.32 CFS 55.20 AFA

Places of Use

This water right has a Large Place Of Use

Irrigation Totals
Total Acres Acre Limit
1809.70

Conditions

Code Condtions
172 The boundary encompassing the place of use for this water right is described with a digital boundary as authorized by Idaho law. The data comprising the digital boundary are stored in the electronic document management system of the Department and are incorporated into this approval by this reference. A map depicting the place of use is attached to this approval document to illustrate the place of use described by the digital boundary.
X27 This right is limited to the irrigation of 1809.7 of the 1826 acres decreed for this right within the authorized place of use in a single irrigation season. Transfer 71069 changed the nature of use of 8.1 acres to ground water recharge. Transfer 87249 changed the nature of use of 7 acres to diversion to storage and aesthetic storage. Additionally, 1.2 acres have been dedicated to mitigation by delivery for right 63-32811.
R05 Use of water under this right will be regulated by a watermaster with responsibility for the distribution of water among appropriators within a water district. At the time of this approval, this water right is within State Water District No. 63.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 63-32811. To prevent injury to other water right holders, the right holder shall divert 0.02 cfs of this right but shall return that amount of water unused to the Boise River. 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 use of Right 63-32811 that is being mitigated shall be reduced by the same proportion as the reduction to this right.
219 Rights 63-145 and 63-16383 authorize the diversion of an annual total of 28.4 acre-feet to be used for the replacement of losses caused by evaporation from the ponds authorized under Rights 63-31134, 63-31135, and 63-31136.
938 Transfer 87249 authorizes the diversion of water in the amount of 0.13 cfs and 22.6 af to be used for replacement losses caused by evaporation from two (2) ponds associated with Rights 63-12187 and 63-35350.
R43 The right holder shall maintain measuring devices and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control at the point of diversion and at the inflow of the ground water recharge ponds. The right holder shall also maintain measuring devices at all discharge points from the ground water recharge ponds. Water shall not be diverted for irrigation from the recharge ponds at a rate or volume higher than the amount delivered to the ponds less any amount allocated to ground water recharge.
R65 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre at the field headgate for irrigation of the lands above.
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 Reservoirs 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.
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 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.
F01 Water is delivered through the Eureka Canal.
F06 The following rights are diverted through point(s) of diversion described above: 63-161BU, 63-166A, 63-167A, 63-224, 63-225, 63-294, 63-295.
T07 The right holder shall accomplish the change authorized by this transfer within one year of the date of this approval.
T08 Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer.
T19 Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general provisions necessary for the definition of the rights or for the efficient administration of water rights as may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree.
SD1 This right originated as all or part of right no. 13 in the Stewart Decree and the historic Boise River Water Masters records.
Dates
  • Licensed Date :
  • Decreed Date : 7/19/2007
  • 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 : 0.02
  • Generic Max Volume Per Acre : 4.5
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False