Water Right Report : 63-7595( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney HONSINGER, CHARLES L HONSINGER LAW PLLC PO BOX 517 BOISE ID 83701-0517
Current Owner TLP LLC 3858 N GARDEN CENTER WAY STE 300 BOISE ID 83703-5008
Original Owner TERTELING TRUST NO 7 3823 N 36TH ST BOISE ID 83703
Original Owner TERTELING, J L 3823 N 36TH ST BOISE ID 83703
Previous Owner THE TERTELING CO INC ATTN TOM TERTELING 3858 N GARDEN CENTER WAY STE 300 BOISE ID 83703

Water Right Status

Priority Date : 3/7/1973
Basis : Decreed
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 04N 02E 22 0 NW NE ADA
GROUND WATER 04N 02E 22 0 NW NE ADA
GROUND WATER 04N 02E 22 0 NW NE ADA
GROUND WATER 04N 02E 22 0 SW NW ADA
GROUND WATER 04N 02E 22 0 NW SW ADA
GROUND WATER 04N 02E 22 0 NW SE ADA

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/15 11/15 2.00 CFS 463.50 AFA
STOCKWATER 01/01 12/31 0.05 CFS 2.00 AFA
TOTAL 2.00 CFS 465.50 AFA

Places of Use

Place of Use Legal Description : IRRIGATION (ADA county)
Township Range Section Lot QQQ QQ Q Acres
04N 02E 14 SW SW 25.0
04N 02E 14 SE SW 5.0
04N 02E 15 NE SE 3.0
04N 02E 15 SE SE 38.0
04N 02E 21 SE NE 2.0
04N 02E 21 NE SE 27.0
04N 02E 21 SE SE 1.0
04N 02E 22 NE NE 29.0
04N 02E 22 NW NE 36.0
04N 02E 22 SW NE 21.0
04N 02E 22 NE NW 40.0
04N 02E 22 NW NW 18.0
04N 02E 22 SW NW 38.0
04N 02E 22 SE NW 40.0
04N 02E 22 NE SW 35.0
04N 02E 22 NW SW 40.0
04N 02E 22 SW SW 13.0
04N 02E 22 SE SW 18.0
04N 02E 22 NW SE 22.0
Place of Use Legal Description : STOCKWATER (ADA county)
Township Range Section Lot QQQ QQ Q Acres
04N 02E 22 SW NW
Irrigation Totals
Total Acres Acre Limit
451.00 103.00

Conditions

Code Condtions
T07 The right holder shall accomplish the change authorized by this transfer within three years 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 Section 42-1412(6), Idaho Code, 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 may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree.
X61 The period of use for the irrigation described in this approval may be extended to a beginning date of 3/1 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 3/15 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than 5/10/2011.
046 Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department.
R05 Diversion and use of low temperature geothermal water under this right from the Pool and Windsock wells is subject to regulation by the watermaster of Water District 63S. Water District 63S regulates the water rights from wells within its boundary that produce from the low temperature geothermal aquifer known locally as the Stewart Gulch Geothermal Aquifer.
01J Prior to diversion of water under this right, the right holder shall install and maintain a measuring device of a type acceptable to the Department as part of the diverting works from each point of diversion used under this right.
058 The point of diversion identified in this right as the proposed Miller Gulch Well in the NWSE, S22 is located within the boundaries of the Boise Front Low Temperature Geothermal Resource Groundwater Management Area. The well driller shall monitor water temperatures while drilling the well. If water with a temperature greater than 85 degrees Fahrenheit is encountered by the driller, drilling must immediately cease, and the Department must be notified. Drilling shall not resume until the Department has reviewed the drilling conditions, and established standards for construction with the driller.
073 Diversion and use of water with a temperature greater than 85 degrees Fahrenheit is not authorized under this right except under the Pool Well in the SWNW and the Windsock Well in the NWSW, S22.
Diversion and use of ground water shallower than 200 feet is not authorized under this right except under the Pool Well in the SWNW, S22.
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 1341.0 af at the field headgate for the place of use.
260 The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the diversion of ground water under this right for land with an appurtenant surface water right(s) to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right.
262 If the surface water right(s) appurtenant to the place of use is abandoned, forfeited, sold, transferred, leased or used on any other place of use, this right to divert ground water shall not be used for irrigation purposes on the land with an appurtenant surface water right(s) without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required.
165 To prevent injury to prior water rights appropriating water from the Boise River and/or the underlying shallow aquifer tributary to Boise River, the new Miller Gulch well in the NWSE, S22 used as a point of diversion for this water right shall be constructed and maintained with unperforated casing and sealed into the first significant confining layer located 200 feet or more below ground surface.
206 This right when combined with all other rights for the same land is limited to the irrigation of a specific 298 acres within the 451 acre place of use authorized by this right in a single irrigation season. The specific 298 acres to be irrigated by the right holder shall be identified prior to use by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with this right. Before changing the 298 acres to be irrigated within the 451 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur.
R65 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre at the field headgate for irrigation of the place of use.
X27 This right is limited to the irrigation of 103 acres within the authorized place of use in a single irrigation season.
X35 Rights 63-3603, 63-7595, 63-10533 and 63-12540 when combined shall not exceed a total diversion rate of 4.63 cfs, a total annual maximum diversion volume of 1341 af at the field headgate, and the irrigation of 298 acres.
X35 Rights 63-308, 63-3603, 63-7595, 63-10533 and 63-12540 when combined shall not exceed the irrigation of 298 acres.
Rights 63-3603 and 63-7595 when combined shall not exceed a total diversion rate of 3.03 cfs, a total annual maximum diversion volume of 801 af at the field headgate, and the irrigation of 178 acres.
F06 Rights 63-3603 and 63-7595 are diverted from the same points of diversion. Rights 63-7595, 63-10533 and 63-12540 are diverted from the Champagne Well in the NWNE, the Creekside Well in the NWNE, the Miller Gulch Well in the NWSE and the Motorcycle Well in the NWNE, all in S22.
The Windsock Well in the NWSW, S22 diverts low temperature geothermal water.
Cold water will be used to the extent possible before the low temperature geothermal water authorized under this right is used.
The Pool Well that is one of the points of diversion is completed in concentric casings. The 10 inch casing is completed in a cold water aquifer. The 8 inch casing within the 10 inch casing is completed in the low temperature geothermal aquifer locally known as the Stewart Gulch Geothermal Aquifer. This right authorizes the diversion from both the low temperature geothermal and the cold water aquifers in the Pool Well
Water temperature in the Pool and Windsock Wells (geothermal aquifer) is measured at 120 degrees F.
The SRBA Court declined to address the administrative issues of artesian pressure and reasonable pumping levels related to diversions from the low temperature geothermal aquifer locally known as the Stewart Gulch Geothermal Aquifer. Water users may raise these administrative matters directly with IDWR.
Dates
  • Licensed Date :
  • Decreed Date : 5/10/2011
  • Permit Proof Due Date : 7/1/1982
  • Permit Proof Made Date : 6/29/1982
  • Permit Approved Date : 7/21/1972
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 5/3/1972
  • Protest Deadline Date:
Other Information
  • State or Federal : S
  • Water District Number : 63S
  • Generic Max Rate Per Acre : 0.02
  • Generic Max Volume Per Acre : 4.5
  • Combined Acre Limit : 298.00
  • Combined Volume Limit:
  • Combined Rate Limit:
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False