Priority Date : 6/1/1922
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BAYHORSE CREEK
SALMON RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BAYHORSE CREEK
12N
18E
12
0
SE
SW
NE
CUSTER
BAYHORSE CREEK
12N
18E
12
0
SE
NE
SE
CUSTER
BAYHORSE CREEK
12N
19E
7
0
SW
NE
SW
CUSTER
BAYHORSE CREEK
12N
19E
7
0
SE
NE
SW
CUSTER
BAYHORSE CREEK
12N
19E
7
8
SE
NW
SW
CUSTER
BAYHORSE CREEK
12N
19E
7
10
NE
SW
SE
CUSTER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
10/31
2.28 CFS
DOMESTIC
01/01
12/31
0.04 CFS
MITIGATION
04/01
10/31
2.22 CFS
TOTAL
4.50 CFS
Places of Use
Place of Use Legal Description : IRRIGATION (CUSTER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
12N
18E
12
SW
NE
0.1
12N
18E
12
NE
SE
2.8
12N
18E
12
NW
SE
0.1
12N
19E
7
4
SW
NE
0.4
12N
19E
7
NE
SW
1.9
12N
19E
7
7
NE
SE
3.4
12N
19E
7
7
NW
SE
2.9
12N
19E
7
10
SW
SE
1.3
12N
19E
7
10
SE
SE
7.6
Place of Use Legal Description : MITIGATION (CUSTER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
12N
19E
7
4
SE
NW
Place of Use Legal Description : DOMESTIC (CUSTER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
12N
19E
7
10
SE
SE
Irrigation Totals
Total Acres
Acre Limit
20.50
Conditions
Code
Condtions
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. 170.
01J
Prior to diversion of water under this right, the right holder shall install and maintain a measuring device and lockable controlling works of a type acceptable to the Department as part of the diverting works.
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.
X57
Approval of Transfer 77459 does not grant any right-of-way or easement for use of a delivery system owned by persons other than the right owner.
N12
The quantity of water under this right for domestic use shall not exceed 13,000 gallons per day.
N10
The quantity of water decreed for this water right for domestic use is not a determination of historical beneficial use.
193
This right mitigates for the depletion of water resulting from the diversion and use of water under Right 72-16873. To prevent injury to other water right holders, the right holder shall cease diverting 2.22 cfs of this right from the Bayhorse Creek used to irrigate 20 acres within the (Lt4) SENW of Section 7, T12N, R19E. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the uses of Right 72-16873 that is being mitigated shall be reduced by the same proportion as the reduction to this right.
X35
Rights 72-16873 and 72-4077 when combined shall not exceed the irrigation of a total of 40.5 acres.
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 may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree.