Priority Date : 9/7/1940
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
SMOUT CREEK
FREEMAN CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SMOUT CREEK
23N
23E
31
0
SW
NE
NE
LEMHI
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/01
11/01
0.24 CFS
42.00 AFA
MITIGATION
04/01
11/01
0.02 CFS
3.50 AFA
TOTAL
0.26 CFS
45.50 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (LEMHI county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
23N
23E
31
SE
NW
13.0
Irrigation Totals
Total Acres
Acre Limit
12.00
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.
Rights 75-14007 and 75-14009 are used for mitigation purposes for Right 75-14062 under Transfer approval 69672. The irrigation and mitigation uses described under these mitigation rights when combined are limited to the following schedule of allowed use which begins on the date of approval of the transfer.
Year 1 and beyond the diversion and use of water under the rights are limited to 0.48 cfs, 42.0 afa and 12.0 acres (1 acre left unirrigated).
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. 75D.
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.
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.
T07
The right holder shall accomplish the change authorized by this transfer within one (1) 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.