Water Right Report : 63-28977( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney RINGERT CLARK CHARTERED C/O S BRYCE FARRIS 455 S 3RD ST PO BOX 2773 BOISE ID 83701
Current Owner NEW DRY CREEK DITCH CO C/O BRYCE FARRIS SAWTOOTH LAW OFFICES PLLC 1101 W RIVER ST STE 110 BOISE ID 83702-7067

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 23 7 NE SE ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 0.26 CFS
AESTHETIC STORAGE 01/01 12/31 18.20 AFA
DIVERSION TO STORAGE 03/01 11/15 0.14 CFS
TOTAL 0.40 CFS 18.20 AFA

Places of Use

Place of Use Legal Description : AESTHETIC STORAGE (ADA county)
Township Range Section Lot QQQ QQ Q Acres
04N 01W 1 SW NW
04N 01W 1 SE NW
04N 01W 1 NE SE
04N 01W 2 NE SE
Irrigation Totals
Total Acres Acre Limit

Conditions

Code Condtions
X27 This right is limited to the irrigation of 2957.2 acres within the boundary of New Dry Creek Ditch Co.
R43 The right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion.
R05 Use of water under this right may 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.
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.
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.
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.
SD1 This right originated as all or part of right no. 3 in the Stewart Decree and the historic Boise River Water Masters records.
F01 Water is delivered through the New Dry Creek Ditch.
938 Transfer 90176 authorizes the diversion and delivery of 0.03 cfs and 4.1 af of water to storage for replacement of evaporation losses from the pond authorized by Right 63-35772.
938 Transfer 88836 authorizes the diversion and delivery of 0.11 cfs and 14.1 af of water to storage for replacement of evaporation losses from three ponds authorized by Right 63-35482.
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 Idaho Code § 42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.
Dates
  • Licensed Date :
  • Decreed Date : 12/10/2007
  • 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
  • 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

10/15/2026