Priority Date : 1/1/1872
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
PORTER CREEK
PAYETTE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
PORTER CREEK
07N
03E
7
2
SW
NW
BOISE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
11/01
0.02 CFS
3.40 AFA
TOTAL
0.02 CFS
3.40 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (BOISE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
07N
02E
12
SW
SW
0.5
07N
02E
13
NW
NW
0.2
Irrigation Totals
Total Acres
Acre Limit
0.70
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.
C20
Basin 65 General Provisions No. 3, the Separate Streams General Provision, does not apply to appropriations of water after October 18, 1977.
This water right shall be administered as being from a separate source pursuant to Basin 65 General Provision No. 3. If the holder of this right seeks to change the right pursuant to Idaho Code § 42-222 or sucessor statute, nothing in this general provision shall preclude any other person or entity from demonstrating that such change in use would cause injury to its water right or from receiving any relief provided by law in the event of injury.
S40
THE USE OF WATER FOR IRRIGATION UNDER THIS RIGHT MAY BEGIN AS EARLY AS MARCH 15 , PROVIDED OTHER ELEMENTS OF THE RIGHT ARE NOT EXCEEDED. THE USE OF WATER BEFORE APRIL 1 UNDER THIS REMARK IS SUBORDINATE TO ALL WATER RIGHTS HAVING NO SUBORDINATED EARLY OR LATE IRRIGATION USE AND A PRIORITY DATE EARLIER THAN THE DATE A PARTIAL DECREE IS ENTERED FOR THIS RIGHT.
P21
THIS RIGHT IS A SPLIT FROM FORMER RIGHT 65-3103.
01J
Prior to diversion of water under this approval, the right holder shall install a bypass in the existing diversion works to provide an alternate means of measurement and control within reasonable proximity to the point of diversion. The bypass system shall be subject to the approval of the Department and shall provide the watermaster suitable control of the diversion works when water is not available to satisfy junior water rights diverted at the same point of diversion.
R43
The right holder shall maintain the existing diversion works with 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 within reasonable proximity to the point of diversion.
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. 65B, Porter Creek.
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 lands above.
X36
Rights 65-24185, 65-10953, 65-22777, 65-22328, 65-22329 and 65-22330 are also diverted through the point of diversion described above.