Priority Date : 4/15/1979
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
CHRISTIAN GULCH WASTEWAY
DIXIE DRAIN
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
CHRISTIAN GULCH WASTEWAY
04N
05W
1
0
SE
SE
CANYON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
3/15
11/15
0.72 CFS
162.00 AFA
TOTAL
0.72 CFS
162.00 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (CANYON county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
04N
05W
1
2
NW
NE
36.0
Irrigation Totals
Total Acres
Acre Limit
36.00
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.
S39
The use of water for irrigation under this right may begin as early as March 1, provided other elements of the right are not exceeded. The use of water before March 15 under this remark is subordinate to all water rights having no subordinated early irrigation use and a priority date earlier than the date a partial decree is entered for this right.
An easement or right of way agreement providing for access to the drain by its owner and those responsible for maintaining it - and/or for access to the drain by the appropriator to divert water pursuant to this right - must be executed among the appropriator, the owner of the drain, and if appropriate, those responsible for maintaining the drain. Failure to execute such an agreement will constitute grounds for legal action to prevent water from being diverted under this right.
While the Christian Gulch Wasteway is a natural water way, it is also a federal facility and has been utilized as part of the Boise Project 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 Christian Gulch Wasteway, 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.