Water Right Report : 74-15682( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney MOFFATT THOMAS BARRETT ROCK & FIELDS CHTD C/O SCOTT L CAMPBELL PO BOX 829 BOISE ID 83701-0829
Current Owner WHITTAKER, F JAMES PO BOX 240 LEADORE ID 83464-0240

Water Right Status

Priority Date : 3/15/1984
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
BIG EIGHTMILE CREEK LEMHI RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
BIG EIGHTMILE CREEK 15N 25E 5 8 SE NE LEMHI
BIG EIGHTMILE CREEK 16N 25E 28 0 SW SE LEMHI

Water Uses

Beneficial Use From To Diversion Rate Volume
IRRIGATION 03/15 11/15 0.94 CFS
TOTAL 0.94 CFS

Places of Use

Place of Use Legal Description : IRRIGATION (LEMHI county)
Township Range Section Lot QQQ QQ Q Acres
16N 25E 26 NE NE 38.0
16N 25E 26 SW NE 41.0
16N 25E 26 SE NE 25.0
16N 25E 26 SW NW 40.0
16N 25E 26 SE NW 41.0
16N 25E 26 NE SW 40.0
16N 25E 26 NE SE 38.0
16N 25E 26 NW SE 40.0
16N 25E 26 SW SE 35.0
16N 25E 26 SE SE 21.0
Irrigation Totals
Total Acres Acre Limit
359.00

Conditions

Code Condtions
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.
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).
C11 This water right is subordinate to all water rights with a priority date earlier than April 12, 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the earlier priority right is the superior right.
K02 This right is based upon an enlargement of Right No. 74-345 pursuant to Section 42-1426, Idaho Code.
E51 Right Nos. 74-345 and 74-15682 are limited to a total combined diversion rate of 7.04 cfs.
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.74Z.
R63 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the lands above.
E55 Right Nos. 74-345 and 74-15862 are limited to the irrigation of a combined total of 359.0 acres in a single irrigation season.
X49 Prior to diversion of water under this approval, the right holder shall provide a means of measurement acceptable to the department for measuring the flow in Big Eightmile Creek at the original point of diversion in SWSE Sec. 28 T16N R25E B.M., and at the new point of diversion in SENE Sec. 5 T15N R25E B.M.
Diversion of water from the point of diversion in SENE Sec. 5 T15N R25E B.M. is limited to those times water is available for diversion under this right and priority from the point of diversion in SWSE Sec. 28 T16N R25E B.M.
029 Prior to the diversion and use of water under transfer 72801, the right holder shall comply with all fish screening and/or fish passage requirements of the Idaho Department of Fish and Game.
004 This right does not grant any right-of-way or easement across the land of another.
F01 Water is delivered through Teds ditch and or Herman's Ditch.
T07 The right holder shall accomplish the change authorized by transfer 72801 by April 30, 2009.
T08 Failure of the right holder to comply with the conditions of approved transfer 72801 is cause for the Director to rescind approval of the transfer.
K09 This right is for an enlargement of 48 acres within the place of use described for this right.
Dates
  • Licensed Date :
  • Decreed Date : 4/18/2008
  • Permit Proof Due Date :
  • Permit Proof Made Date :
  • Permit Approved Date :
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date : 4/12/1994
  • Application Recevied Date:
  • Protest Deadline Date:
Other Information
  • State or Federal :
  • Water District Number : 74Z
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Combined Acre Limit : 359.00
  • Combined Volume Limit:
  • Combined Rate Limit: 7.04
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False

IDAHO DEPARTMENT OF WATER RESOURCES

10/14/2026