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
NE
SW
0.8
Irrigation Totals
Total Acres
Acre Limit
0.80
Conditions
Code
Condtions
X61
The period of use for the irrigation described in this approval may be extended to a beginning date of 3/15 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 4/1 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than 8/3/2004.
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.
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.
T07
The right holder shall accomplish the change authorized by this transfer within one year 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 Idaho Code § 42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.