Water Right Report : 74-341( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner WHITTAKER TWO DOT LAND LLC PO BOX 117 LEADORE ID 83464-0117
Original Owner WHITTAKER, FLOYD J PO BOX 177 LEADORE ID 83464
Previous Owner WHITTAKER, F JAMES PO BOX 240 LEADORE ID 83464-0240

Water Right Status

Priority Date : 12/6/1909
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 15N 25E 8 0 NE NW 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 6.98 CFS
STOCKWATER 01/15 03/14 0.04 CFS
TOTAL 6.98 CFS

Places of Use

Place of Use Legal Description : IRRIGATION (LEMHI county)
Township Range Section Lot QQQ QQ Q Acres
16N 25E 26 NW SW 40.0
16N 25E 26 SW SW 38.3
16N 25E 27 SW NE 36.4
16N 25E 27 SE NE 40.0
16N 25E 27 NE SE 40.0
16N 25E 27 NW SE 40.0
16N 25E 27 SW SE 40.0
16N 25E 27 SE SE 40.0
Place of Use Legal Description : STOCKWATER (LEMHI county)
Township Range Section Lot QQQ QQ Q Acres
16N 25E 26 NW SW
16N 25E 26 SW SW
16N 25E 27 SW NE
16N 25E 27 SE NE
16N 25E 27 NE SE
16N 25E 27 NW SE
16N 25E 27 SW SE
16N 25E 27 SE SE
Irrigation Totals
Total Acres Acre Limit
314.70

Conditions

Code Condtions
X35 Rights 74-341 and 74-15196 when combined shall not exceed the irrigation of 314.7 acres.
Between November 16 and March 14, rights 74-341 and 74-16214 when combined are limited to a total diversion rate of 5.00 cfs. Between January 15 and March 14, the quantity of water diverted under right 74-341 to deliver 0.04 cfs to the place of use for stockwater purposes shall not exceed 1.00 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. 74-Z.
R43 The right holder shall install and maintain measuring devices and lockable controlling works of a type approved by the Department at each point of diversion in a manner that will provide the watermaster suitable control of the diversions.
R59 This right when combined with all other rights shall provide no more than 3.5 afa per acre at the field headgate for irrigation of the lands above.
Diversion of water from the point of diversion in NENW Sec. 8 T15N R25E B.M is limited to those times water is available for diversion under this right and priority from the original point of diversion in SWSE Sec. 28 T16N R25E B.M. and point of diversion in SENE Sec. 5 T15N R25E B.M.
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., point of diversion in SENE Sec. 5 T15N R25E B.M. and at the new point of diversion in NENW Sec. 8 T15N R25E B.M.
N15 The appropriator is entitled to the quantity of water described for stockwater purposes at a point of measurement where the delivery ditch enters the place of use described. The quantity diverted to deliver 0.04 cfs to the place of use for winter stockwater purposes cannot exceed the authorized rate of diversion, 6.980 cfs.
S46 The use of water before March 15 for stockwater under this remark is subordinate to all water rights having no subordinated early or late use and a priority date earlier than the date a partial decree is entered for this right.
004 This right does not grant any right-of-way or easement across the land of another.
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.
Water is delivered through Teds Ditch, Hermans Ditch, and/or the Cartwright Ditch.
T07 The right holder shall accomplish the change authorized by this transfer within one year(s) 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.
Dates
  • Licensed Date :
  • Decreed Date : 6/12/2009
  • Permit Proof Due Date :
  • Permit Proof Made Date :
  • Permit Approved Date :
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • 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 : 3.5
  • 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

10/15/2026