Priority Date : 5/1/1909
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
LAKE FORK
PAYETTE RIVER
NORTH FORK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
LAKE FORK
17N
03E
10
0
NW
NW
NE
VALLEY
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
5/01
9/15
1.14 CFS
TOTAL
1.14 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (VALLEY county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
16N
03E
3
1
NE
NE
40.0
16N
03E
3
2
NW
NE
39.0
Irrigation Totals
Total Acres
Acre Limit
79.00
Conditions
Code
Condtions
X35
Rights 65-3164 and 65-3165 when combined shall not exceed the irrigation of 79 acres.
R62
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.0 afa per acre at the field headgate for irrigation of the place of use.
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. 65K.
R43
The right holder shall maintain 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(s).
X55
The right holder shall cease irrigation of 79 acres previously authorized under this right, and consolidate use of water on the remaining 79 acres.
X61
The period of use for the irrigation described in this approval may be extended to a beginning date of 4/15 and an ending date of 10/31 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 5/1 and after 9/15 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than the date of this approval.
205
The approval of this transfer redefines all of the elements of this water right, and the new use of water authorized by this approval shall constitute the full extent of the right.
004
This right does not grant any right-of-way or easement across the land of another.
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.
W29
Use of this right is combined with water from Mahala Ditch Co.
Water is delivered through Mahala Ditch in Section 10. Right No. 65-3165 is also diverted through the point of diversion described 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 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014.