Water Right Report : 72-16625( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner LIVING WATERS RANCH INC 3599 GARDEN CREEK RD CHALLIS ID 83226
Previous Owner CHRISTOPHER W JAMES TRUST PO BOX 510 CHALLIS ID 83226-0510
Previous Owner FIRSTFRUITS FOUNDATION PO BOX 510 CHALLIS ID 83226-0510

Water Right Status

Priority Date : 10/15/2002
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
GARDEN CREEK SALMON RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
GARDEN CREEK 13N 18E 2 3 SW NE NW CUSTER
GARDEN CREEK 13N 18E 3 0 SE NE SE CUSTER

Water Uses

Beneficial Use From To Diversion Rate Volume
AESTHETIC 04/01 10/31 0.20 CFS 84.50 AFA
AESTHETIC STORAGE 01/01 12/31 0.80 AFA
DIVERSION TO STORAGE 04/01 04/30 0.40 CFS
TOTAL 0.40 CFS 85.30 AFA

Places of Use

Place of Use Legal Description : AESTHETIC (CUSTER county)
Township Range Section Lot QQQ QQ Q Acres
13N 18E 2 3 NE NW
Place of Use Legal Description : AESTHETIC STORAGE (CUSTER county)
Township Range Section Lot QQQ QQ Q Acres
13N 18E 2 3 NE NW

Conditions

Code Condtions
Use of water is for aesthetic use in connection with a church camp/conference center.
Use of this water 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, the water rights of the applicant are within State Water District 72-B.
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 all inlets and outlets into the pond, including the existing fountain feature. The devices shall be adequate to determine the rate of each diversion to and from the pond, to determine the general water balance of the pond, and to specifically quantify consumptive losses associated with the aesthetic use of water in the pond.
The right holder is not authorized to divert water to its pond for aesthetic purposes when the applicants irrigation rights are not being delivered unless the applicant provides suitable mitigation to compensate for system losses.
170 To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, during those time of the irrigation season when water rights 72-106J, 72-109J, 72-4174C and 72-10486C are in priority, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and amounts specified below. Moreover, the official record of the following water right(s) will be changed to show that diversion and use of water is not authorized because the rights, or portion(s) thereof, are being dedicated to mitigation purposes. Use Changed Mitigation Mitigation Mitigation Right No. to Mitigation Rate (cfs) Acres 72-106J Irrigation 0.01 0.20 72-109J Irrigation 0.01 0.20 72-4174C Irrigation 0.01 0.20 72-10486C Irrigation 0.01 0.20 ------------------------------------------------------------------------------------- Combined Totals: 0.04 0.20 The land that will no longer be irrigated under these rights is located within the Government Lot 3 (NE¼NW¼) Section 2, Township 13 North, Range 18 East, B.M. If the specified mitigation rights, or portions thereof, are sold, transferred, leased, or used on any place of use, then the amount of water authorized for diversion under this permit approval shall be reduced by the same proportion as the reduction to the mitigation rights.
116 To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, during those time of the irrigation season when water rights 72-106J, 72-109J, 72-4174C and 72-10486C are not in priority, the right holder may draft the pond in such a manner, that the flow rate leaving the pond is equal to or greater than the combined total of the flow rate(s) entering the pond plus consumptive losses; provided, the pond and all measuring devices are configured in such a way that the Watermaster can confirm that the drafting of the pond is compensating for consumptive losses from the pond. Following this scenario the pond could not be refilled until the following irrigation season.
During the irrigation season the right holder is not authorized to divert water to the pond when the right holder’s irrigation rights are out of priority and the pond is not being operated in a manner that ensures the flow rate leaving the pond is greater than the flow rate entering the pond.
From November 1st through March 31st the right holder is not authorized to divert water to the pond.
Rights 72-16625, 72-106J, 72-109J, 72-4174C and 72-10486C when combined, shall not exceed a total diversion rate of 1.70 cfs less the combined total of all diversion rates associated with these water rights designated for mitigation. On the date license 72-16625 was issued the combined diversion rate designated for mitigation was 0.25 cfs.
The aesthetic use (non-storage use) authorized under this right provides for flow-through water to freshen the pond and includes 0.6 AF per year to make up losses due to evaporation from the pond.
029 Prior to the diversion and use of water under this approval, the right holder shall comply with all fish screening and/or fish passage requirements of the Idaho Department of Fish and Game.
Dates
  • Licensed Date : 2/24/2009
  • Decreed Date :
  • Permit Proof Due Date : 9/1/2007
  • Permit Proof Made Date :
  • Permit Approved Date : 10/4/2004
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 10/15/2002
  • Protest Deadline Date: 7/26/2004
Other Information
  • State or Federal :
  • Water District Number : 72A
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: True