| Code |
Condtions |
| 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. |
| 135 |
The boundary encompassing the place of use for this water right is described with a digital boundary as defined by I.C. Section 42-202B(2) and authorized pursuant to I.C. Section 42-1411(2)(h). The data comprising the digital boundary are incorporated herein by reference and are stored on a CD-ROM disk issued in duplicate originals on file with the SRBA District Court and the Idaho Department of Water Resources. A map depicting the place of use is attached hereto to illustrate the place of use described by the digital boundary. |
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STORAGE CAPACITY OF LITTLE PAYETTE LAKE IS 21,100 AF.
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USE OF THIS RIGHT WITH THE RIGHTS LISTED BELOW IS LIMITED TO THE IRRIGATION OF A COMBINED TOTAL OF 6752 ACRES WITHIN THE BOUNDARIES OF THE LAKE IRRIGATION DISTRICT IN A SINGLE IRRIGATION SEASON. COMBINED RIGHT NOS.: 65-03218 & 65-03219A.
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THE STORAGE OF SAID WATER BY SAID DEFENDANT LAKE IRRIGATION DISTRICT DURING THE NON-IRRIGATION SEASON, AS HEREIN DEFINED, AND THE SUBSEQUENT USE THEREOF BY SAID DEFENDANT WHEN NEEDED FOR THE IRRIGATION OF ITS LAND WILL IN NO MANNER WHATSOEVER INTERFERE WITH THE RIGHTS OF ANY OF THE OTHER PARTIES HEREIN. SAID LAKE IRRIGATION DISTRICT IS ALSO HEREBY DECREED THE RIGHT TO STORE THE SURPLUS OR FLOOD WATERS DURING THE IRRIGATION SEASON, WITH DATE OF PRIORITY OF AUGUST 18, 1919, AT ANY TIME WHEN SUCH STORING DOES NOT INTERFERE WITH ANY PRIOR RIGHT HEREIN DECREED.
IT IS FURTHER HEREBY ORDERED, AND DECREED THAT BY REASON OF CERTAIN NATURAL STORAGE IN SAID RESERVOIR OF SAID DEFENDANT LAKE IRRIGATION DISTRICT, THE BENEFIT OF WHICH NATURAL STORAGE TO RIGHTS PRIOR TO THE RIGHTS OF SAID DEFENDANT LAKE IRRIGATION DISTRICT HAS BEEN INTERFERED WITH THROUGH THE CONSTRUCTION OF SAID RESERVOIR, THE ADMINISTRATION OF SAID RESERVOIR UNDER THE TERMS OF THIS DECREE SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS: THAT WHEN THE NATURAL FLOW OF SAID LAKE FORK CREEK AS MEASURED AT THE GAUGING STATION ABOVE SAID RESERVOIR SHALL FIRST FALL BELOW (90) CUBIC FEET PER SECOND DURING THE IRRIGATION SEASON, THEN THERE SHALL BE RELEASED FROM SAID RESERVOIR (DURING THE PERIOD WHEN SUCH NATURAL FLOW SHALL REMAIN BELOW NINETY (90) CUBIC FEET PER SECOND) FOR THE BENEFIT OF RIGHTS PRIOR TO THE RIGHTS OF SAID LAKE IRRIGATION DISTRICT, AN ADDITIONAL AMOUNT OF WATER FROM SAID RESERVOIR EQUAL TO THIRTY PERCENT OF THE WATER FLOWING INTO SAID RESERVOIR AS MEASURED AT SAID GAUGING STATION. THE RELEASE OF ADDITIONAL WATER ON SUCH THIRTY PERCENT BASIS SHALL BE FOR THE FIRST TEN DAYS OF EACH IRRIGATION SEASON WHEN THE WATER FLOWING INTO SAID RESERVOIR SHALL BE UNDER NINETY (90) CUBIC FEET PER SECOND; THEN FOR THE NEXT FIFTEEN DAYS DURING WHICH THE INFLOW INTO SAID RESERVOIR SHALL BE BELOW NINETY (90) CUBIC FEET PER SECOND THERE SHALL BE RELEASED EACH DAY FROM SAID RESERVOIR, FOR THE BENEFIT OF SAID PRIOR RIGHTS, AN AMOUNT EQUAL TO FORTY PERCENT OF THE NATURAL INFLOW INTO SAID RESERVOIR AS MEASURED AT SAID GAUGING STATION; AND THEREAFTER DURING EACH IRRIGATION SEASON, AFTER THE EXPIRATION OF SAID TEN-DAY PERIOD AND SAID FIFTEEN-DAY PERIOD, WHEN THE INFLOW INTO SAID RESERVOIR SHALL BE BELOW NINETY (90) CUBIC FEET PER SECOND, THERE SHALL BE RELEASED FROM SAID RESERVOIR, FOR THE BENEFIT OF SAID PRIOR RIGHTS, AN ADDITIONAL AMOUNT OF WATER EQUAL TO FIFTY PERCENT OF THE WATER FLOWING INTO SAID RESERVOIR AS MEASURED AT SAID GAUGING STATION. PROVIDED, HOWEVER, THAT THE TOTAL AMOUNT OF THE WATERS DURING EACH IRRIGATION SEASON TO BE RELEASED FROM SAID RESERVOIR FOR THE BENEFIT OF SAID PRIOR RIGHTS SHALL NOT EXCEED 1,390 ACRE FEET, AND WHEN SAID 1,390 ACRE FEET, IN ANY SEASON, HAS BEEN RELEASED FOR THE BENEFIT OF SAID PRIOR RIGHTS, THEN THE OBLIGATION TO RELEASE ANY WATER FROM SAID RESERVOIR FOR THE BENEFIT OF SAID PRIOR RIGHTS SHALL CEASE.
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| 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. |
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THE FOLLOWING LAKE IRRIGATION DISTRICT RIGHT IS ALSO DIVERTED THROUGH POINT OF REDIVERSION DESCRIBED AS, T18N, R03E, S13, NWSW: 65-03218.
THE FOLLOWING LAKE IRRIGATION DISTRICT RIGHT IS ALSO DIVERTED THROUGH POINTS OF DIVERSION AND REDIVERSION DESCRIBED AS, T17N, R03E, S03, NESENE, T17N, R03E, S10, NWNE, T18N, R03E, S13, NWNW & NWSW AND T18N, R03E, S35, NESWNW: 65-03219A.
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