Priority Date : 4/29/1907
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
TENMILE CREEK
BOISE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
TENMILE CREEK
03N
01W
4
0
NE
SW
ADA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/15
10/15
0.37 CFS
TOTAL
0.37 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (ADA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
03N
01W
4
NE
SW
23.0
03N
01W
4
NW
SW
33.0
Irrigation Totals
Total Acres
Acre Limit
56.00
18.70
Conditions
Code
Condtions
S39
THE USE OF WATER FOR IRRIGATION UNDER THIS RIGHT MAY BEGIN AS EARLY AS MARCH 1 AND MAY CONTINUE TO AS LATE AS NOVEMBER 15, PROVIDED OTHER ELEMENTS OF THE RIGHT ARE NOT EXCEEDED. THE USE OF WATER BEFORE APRIL 15 AND AFTER OCTOBER 15 UNDER THIS REMARK IS SUBORDINATE TO ALL WATER RIGHTS HAVING NO SUBORDINATED EARLY OR LATE IRRIGATION USE AND A PRIORITY DATE EARLIER THAN THE DATE A PARTIAL DECREE IS ENTERED FOR THIS RIGHT.
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.
W51
Use of this right is combined with water from Nampa Meridian Irrigation District.
C05
Right includes accomplished change in place of use pursuant to Section 42-1425, Idaho Code.
K06
This right is limited to the irrigation of 18.7 acres within the place of use described above in a single irrigation season.
C03
Right includes accomplished change in point of diversion pursuant to Section 42-1425, Idaho Code.
Use of this right is also subject to an agreement, entitled "Non-Waiver Agreement", dated May 17, 2007, between Monte Janicek, the Nampa-Meridian Irrigation District and the US Bureau of Reclamation.
Non-Waiver Agreement language for settlement of the objection to this right is as follows: To the extent that all or a portion of the source of water right may consist of wastewater, the Claimant (Monte Janicek) and the Objector (Nampa and Meridian Irrigation District) and/or Respondent (United States Bureau of Reclamation), together with their respective assigns and heirs, hereby agree that the Objector and/or Respondent waive no right to assert in the future that the source of all or part of this water right is the wastewater of the Objector and/or Respondent and thereby is subject to the right of the Objector or Respondent to cease wasting it or recapture it.