Water Right Report : 63-34080( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney MARSHALL, JOHN M JOHN MARSHALL LAW PLLC PO BOX 2297 BOISE ID 83701-2297
Current Owner EMMERT, CHRIS 7180 BOWMONT RD NAMPA ID 83686

Water Right Status

Priority Date : 5/8/2015
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
GROUND WATER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
GROUND WATER 01N 02W 1 0 SW NW CANYON

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/01 11/15 1.18 CFS 102.00 AFA
TOTAL 1.18 CFS 102.00 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (CANYON county)
Township Range Section Lot QQQ QQ Q Acres
01N 02W 1 3 NE NW 15.0
01N 02W 1 4 NW NW 30.0
01N 02W 1 SW NW 28.0
Irrigation Totals
Total Acres Acre Limit
73.00

Conditions

Code Condtions
R61 This right when combined with all other rights shall provide no more than 4.5 afa per acre at the field headgate for irrigation of the place of use.
WB7 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor exceed a combined annual maximum diversion volume of 240.0 af at the field headgate for the place of use.
The total volume of water diverted pursuant to this right shall not exceed 102 AF each irrigation season.
R19 The right holder shall maintain a totalizing measuring device of a type approved by the Department as a part of the diverting works.
067 The right holder shall record the quantity of water diverted and annually report diversions of water and/or other pertinent hydrologic and system information as required by Idaho Code § 42-701.
The right holder shall mitigate for the depletion of water stored in Lake Lowell that will occur as a result of the ground water diversions authorized by this right. Prior to March 1 each year, the right holder shall make 3.0 AF of water available to the Boise Project Board of Control for diversion from the Boise River at the New York Canal for use within its member irrigation districts. The required supply of mitigation water may be rented from the Water District 63 Rental Pool or the Water Supply Bank, or it may result from the permanent transfer of a water right or portion of a water right. The right holder may arrange for the necessary mitigation water supply in multiple year increments. Each time the right holder enters into a new rental or other arrangement for the required mitigation water supply, the right holder shall give a copy of the agreement to the Boise Project Board of Control within seven days of the execution of the agreement. If the right holder does not comply with the mitigation requirement for any irrigation season, the right holder shall not divert water pursuant to this water right during that irrigation season.
943 The right holder shall make full beneficial use of all surface water available to the right holder for irrigation of lands within the authorized place of use for this right. The right holder may divert ground water under this right to irrigate land with appurtenant surface water rights when the surface water supply is not reasonably sufficient to irrigate the place of use for this water right or is not available due to drought, curtailment by priority, or the seasonal startup and shutoff or maintenance schedule for canal company or irrigation district deliveries. The right holder shall not divert ground water for irrigation purposes under this right if use of the surface water supply is intentionally discontinued or reduced (for example abandoned, forfeited, sold, disallowed by court decree, or leased to the Water Supply Bank), or is not deliverable due to non-payment of annual assessments, without an approved transfer pursuant to Idaho Code § 42-222 or other Department approval.
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.
Dates
  • Licensed Date : 5/30/2024
  • Decreed Date :
  • Permit Proof Due Date : 4/1/2023
  • Permit Proof Made Date : 3/21/2023
  • Permit Approved Date : 6/19/2017
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 5/8/2015
  • Protest Deadline Date: 11/2/2015
Other Information
  • State or Federal :
  • Water District Number : TBD
  • 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