Priority Date : 4/1/1949
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
LOWER EMBANKMENT DRAIN
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
LOWER EMBANKMENT DRAIN
04N
04W
35
0
NW
SE
SW
CANYON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
03/01
11/15
0.10 CFS
TOTAL
0.10 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (CANYON county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
04N
04W
35
NE
SW
5.0
Irrigation Totals
Total Acres
Acre Limit
5.00
Conditions
Code
Condtions
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.
F05
Right Nos. 63-4256C, 63-31633 and 63-31634 are also diverted through point of diversion described above.
Parcel No. R36604010A0
While the Lower Embankment Drain is a natural water way, it is also a federal facility and has been utilized as part of the Boise Project since 1908 as invoked by the United States through its reservation authority provided by the Act of August 30, 1890 (43 U.S.C. 945). As a federal facility, the Lower Embankment Drain, to the extent allowed by law, may be rerouted, piped, or its flow of water interrupted if determined appropriate to better serve Boise Project purposes.
The source of this water right includes waste water. The right remains 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 or manner of wasting it, or to recapture it.