Water Right Report : 63-32458( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney CREAMER, MICHAEL C GIVENS PURSLEY LLP PO BOX 2720 BOISE ID 83701-2720
Current Owner W & H LLC 7036 N SPURWING WAY MERIDIAN ID 83646-5178
Original Owner W & H PARTNERSHIP LLC DBA MALLARD FARMS PO BOX 7943 BOISE ID 83707
Representative HDR INC 412 E PARKCENTER BLVD BOISE ID 83706-6659

Water Right Status

Priority Date : 9/12/2006
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
UNNAMED DRAIN BOISE RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
UNNAMED DRAIN 05N 05W 27 4 NW NW CANYON

Water Uses

Beneficial Use From To Diversion Rate Volume
WILDLIFE 11/16 02/28 4.60 CFS 958.00 AFA
WILDLIFE STORAGE 11/16 02/28 78.80 AFA
DIVERSION TO STORAGE 11/16 02/28 4.60 CFS
TOTAL 4.60 CFS 958.00 AFA

Places of Use

Place of Use Legal Description : WILDLIFE (CANYON county)
Township Range Section Lot QQQ QQ Q Acres
05N 05W 21 NE NE
05N 05W 21 2 NE NE
05N 05W 21 NW NE
05N 05W 21 3 NW NE
05N 05W 21 7 NW NE
05N 05W 21 SW NE
05N 05W 21 3 SW NE
05N 05W 21 7 SW NE
05N 05W 21 SE NE
05N 05W 21 8 SE NE
05N 05W 21 9 NE SE
05N 05W 21 NW SE
05N 05W 22 NW NW
05N 05W 22 SW NW
05N 05W 22 4 SW NW
Place of Use Legal Description : WILDLIFE STORAGE (CANYON county)
Township Range Section Lot QQQ QQ Q Acres
05N 05W 21 NE NE
05N 05W 21 2 NE NE
05N 05W 21 NW NE
05N 05W 21 3 NW NE
05N 05W 21 7 NW NE
05N 05W 21 SW NE
05N 05W 21 3 SW NE
05N 05W 21 7 SW NE
05N 05W 21 SE NE
05N 05W 21 8 SE NE
05N 05W 21 9 NE SE
05N 05W 21 NW SE
05N 05W 22 NW NW
05N 05W 22 SW NW
05N 05W 22 4 SW NW

Conditions

Code Condtions
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.
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.
004 This right does not grant any right-of-way or easement across the land of another.
103 When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of water required for mitigation, which is to be released into the Snake River or a tributary for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall be in conformance with applicable rules allowing the right holder due process as the need for mitigation and the amount of mitigation are determined.
176 The waste water diverted under this right is subject to the right of the original appropriator, in good faith and in compliance with state laws governing changes in use and/or expansion of water rights, to cease wasting water, to change the place of use or manner of wasting it, or to recapture it.
220 The nine (9) ponds established by the storage of water under this right shall not exceed a total capacity of 78.8 acre-feet or a total surface area of 45 acres.
Wildlife use is for flow through and return flow water associated with wildlife storage under this right during the non-irrigation season.
Wildlife storage use is for habitat improvement during the non-irrigation season.
This right shall be junior and subordinate to future water rights authorizing the diversion and use of water from the Boise River and its tributaries, including ground water, for consumptive uses, except that this right shall not be subordinate to future water rights for similar wildlife, recreation and/or aesthetic uses.
This right shall be junior and subordinate to future minimum in-stream flow water rights that may be established for the Boise River and its tributaries.
Subsequently approved permits based on earlier-in-time applications may reduce the amount of water available under this right.
The water source is from drains locally known as Meadows and Baldridge Drains.
Water returns to the Boise River in the NENE, Sec. 21, Twp 05N, Rge 05W and to the Snake River in the NENW Sec. 11, Twp 05N, Rge 06W.
This right is subordinate to Water Right No. 63-33508.
Dates
  • Licensed Date : 2/28/2025
  • Decreed Date :
  • Permit Proof Due Date : 5/1/2024
  • Permit Proof Made Date : 11/14/2023
  • Permit Approved Date : 3/25/2014
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 1/12/2006
  • Protest Deadline Date: 11/22/2010
Other Information
  • State or Federal :
  • 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