Water Right Report : 63-20041( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner BOISE CITY CANAL CO PO BOX 2157 BOISE ID 83701-2157

Water Right Status

Priority Date : 6/1/1866
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 03N 02E 14 0 SE NE ADA
BOISE RIVER 03N 02E 24 1 NW NE ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 29.20 CFS
STOCKWATER 03/01 11/15 0.17 CFS
MUNICIPAL 03/01 11/15 0.68 CFS
AESTHETIC 03/01 11/15 6.35 CFS
AESTHETIC STORAGE 03/01 11/15 46.44 AFA
DIVERSION TO STORAGE 03/01 11/15 6.35 CFS
MITIGATION BY NON-USE 03/01 11/15 0.14 CFS 31.50 AFA
TOTAL 36.37 CFS 46.40 AFA

Places of Use

This water right has a Large Place Of Use

Irrigation Totals
Total Acres Acre Limit
2367.00 1458.00

Conditions

Code Condtions
S45 Diversion for irrigation, stockwater, and municipal 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.
RIGHT 63-31937 IS ALSO DIVERTED THROUGH THE POINT OF DIVERSION DESCRIBED ABOVE AS T03N, R02E, S24, NWNE, LOT 1.
THE STOCKWATER COMPONENT IS INCIDENTAL TO THE IRRIGATION COMPONENT
C04 RIGHT INCLUDES ACCOMPLISHED CHANGE IN PURPOSE OF USE PURSUANT TO SECTION 42-1425, IDAHO CODE.
K06 THIS RIGHT IS LIMITED TO THE IRRIGATION OF 1458 OF 1467 DECREED ACRES WITHIN THE BOUNDARY OF THE BOISE CITY CANAL COMPANY. 6.0 ACRES ARE MITIGATED FOR 63-34136 AND 3.0 ACRES FOR 63-34518.
P29 THIS RIGHT IS A COMBINATION OF OLD RIGHT NOS. 63-165K AND 63-165L
135 The boundary encompassing the place of use for this water right is described with a digital boundary as defined by I.C. Section 42-202B(2) and authorized pursuant to I.C. Section 42-1411(2)(h). The data comprising the digital boundary are incorporated herein by reference and are stored on a CD-ROM disk issued in duplicate originals on file with the SRBA District Court and the Idaho Department of Water Resources. A map depicting the irrigation place of use is attached hereto to illustrate the place of use described by the digital boundary.
F01 WATER IS DELIVERED THROUGH THE BOISE CITY CANAL
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.
THE AESTHETIC COMPONENTS OF THIS RIGHT ARE LIMITED TO AND CONDITIONED UPON THE CONTINUED EXISTENCE OF THE PONDS AT WARM SPRINGS GOLF COURSE LOCATED IN T03N, R02E, SEC 13, SWNW, SESW; THE POND AT JULIA DAVIS PARK LOCATED IN T03N, R02E, SEC 10, SESE, NWSE, SWSE, SESW; THE VETERANS PARK SLOUGH POND LOCATED IN T04N, R02E, SEC 32, NESE, SESE, SWSE. THE AESTHETIC COMPONENT DIVERSION RATE OF 6.35 CFS IS FOR THE FLOW OF WATER THROUGH THE PONDS DESCRIBED ABOVE WHEN THE PONDS ARE FULL AND THIS COMPONENT IS CONDITIONED UPON THE EXISTENCE OF THE PONDS DESCRIBED ABOVE.
THE MUNICIPAL COMPONENT IS USED WITHIN THE SERVICE AREA OF UNITED WATER
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.
During March and November 1 through November 15 water may be diverted for aesthetic use at Julia Davis Pond or into storage for later use at the Pond. If during those periods measured or calculated Boise River Flows at the point of diversion are less than 240 cfs, (1) diversion of water under this right shall be limited to 1 cfs and (2) the total volume diverted shall be limited to 25 acre feet during March, and 12.5 acre feet from November 1 through November 15. Measured or calculated Boise River flows at the point of diversion shall be based on gauged Lucky Peak Dam discharge minus the gauged diversion to the New York Canal.
SD1 This right originated as all or part of right no. 33 in the Stewart Decree and the historic Boise River Water Masters records.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 63-34136. To prevent injury to other water right holders, the right holder shall cease diverting 0.09 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 63-34136. 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 63-34136 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 63-34518. To prevent injury to other water right holders, the right holder shall cease diverting 0.05 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 63-34518. 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 63-34518 that are being mitigated shall be reduced by the same proportion as the reduction to this right.
Dates
  • Licensed Date :
  • Decreed Date : 5/1/2012
  • 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
  • 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

6/12/2026