Water Right Report : 95-9129( Decreed/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Attorney MEYER, CHRISTOPHER H GIVENS PURSLEY LLP 601 W BANNOCK ST BOISE ID 83702
Attorney CREAMER, MICHAEL C GIVENS PURSLEY LLP PO BOX 2720 BOISE ID 83701-2720
Current Owner NORTH KOOTENAI WATER DISTRICT 13649 N MEYER RD RATHDRUM ID 83858-4904
Previous Owner SYLTE DEVELOPMENT LLC 8626 W SYLTE RD RATHDRUM ID 83858

Water Right Status

Priority Date : 6/13/2008
Basis : Decreed
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
GROUND WATER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
GROUND WATER 51N 04W 2 0 SW SW KOOTENAI
GROUND WATER 51N 04W 2 0 SW SW KOOTENAI
GROUND WATER 51N 04W 2 0 SW SW KOOTENAI
GROUND WATER 51N 04W 14 0 NW NE KOOTENAI
GROUND WATER 51N 04W 15 0 SW SE KOOTENAI
GROUND WATER 51N 04W 23 0 NE SE KOOTENAI
GROUND WATER 51N 04W 23 0 NE SE KOOTENAI
GROUND WATER 51N 04W 23 0 NE SE KOOTENAI
GROUND WATER 51N 04W 23 0 SW SE KOOTENAI
GROUND WATER 51N 04W 23 0 SW SE KOOTENAI
GROUND WATER 51N 04W 24 0 NW SW KOOTENAI
GROUND WATER 51N 05W 23 0 SE SE KOOTENAI
GROUND WATER 51N 05W 32 0 NE SW KOOTENAI
GROUND WATER 51N 05W 32 0 SE SW KOOTENAI
GROUND WATER 52N 03W 7 0 SE NE KOOTENAI
GROUND WATER 52N 03W 8 0 SW NW KOOTENAI
GROUND WATER 52N 03W 18 0 NW SE KOOTENAI
GROUND WATER 52N 03W 18 0 NW SE KOOTENAI
GROUND WATER 52N 04W 6 0 NE NE KOOTENAI
GROUND WATER 52N 04W 17 0 SE SE KOOTENAI
GROUND WATER 52N 04W 17 0 SE SE KOOTENAI
GROUND WATER 52N 04W 17 0 SE SE KOOTENAI
GROUND WATER 52N 04W 28 0 NE NE KOOTENAI
GROUND WATER 52N 04W 28 0 NE SE KOOTENAI
GROUND WATER 52N 04W 33 0 SE NE KOOTENAI
GROUND WATER 53N 04W 28 0 NE NW KOOTENAI

Water Uses

Beneficial Use From To Diversion Rate Volume
MUNICIPAL 01/01 12/31 0.53 CFS 51.60 AFA
TOTAL 0.53 CFS 51.60 AFA

Places of Use

This water right has a Large Place Of Use

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.
The source of water for this right is limited to the Rathdrum Prairie Aquifer.
126 Place of use is within the service area of North Kootenai Water District as provided for under Idaho law. The place of use is generally located within T49N R3W, T50N R4W, T51N R3W, T51N R4W, T51N R5W, T52N R3W, T52N R4W, T53N R3W, T53N R4W, and T53N R5W.
174 This right authorizes the diversion of ground water within the Rathdrum Prairie Ground Water Management Area (RPGWMA). Use of water under this right shall be subject to the provisions of the RPGWMA management plan approved by the director, including its conservation goals.
175 When notified by the Department, the right holder shall record the quantity of water diverted and annually report diversions of water and/or other pertinent hydrologic and system information as required by Idaho Code § 42-701, and/or the management plan for the Rathdrum Prairie Ground Water Management Area.
The right holder shall maintain an operational integrated data collection and reporting system that instantaneously reports to a central location relevant pumping and related information, including instantaneous flow rates and cumulative volumes, for each point of diversion authorized under this right. The right holder shall allow the Department and the watermaster with responsibility for administration of this right physical access to view the data collection system at each point of diversion and at the central data monitoring location for regulatory and compliance purposes.
The right holder shall maintain records of the maximum daily diversion rate and the total volume of water diverted each day from each point of diversion for this water right for at least the most recent five years. The right holder shall report the water diversion data to the Department as instructed by the Department. The right holder shall report the first 12 months of data, from the date of approval of this license, to the Department within 30 days of the completion of the 12 month period, and shall submit further reports upon request by the Department.
When notified by the Department or by a watermaster with responsibility for administration of this right that curtailment by priority is required, the right holder shall cease diverting water pursuant to this right. To accomplish the curtailment, the right holder shall, under the supervision and direction of the Department and the watermaster, use its integrated data collection and reporting system with the accounting system approved by the Department to ensure that the water being diverted does not exceed the authorized diversion rates and volumes for its water rights that remain in priority.
If the Department determines use of the right holder's integrated data collection and reporting system with the accounting system is ineffective for administration by priority, the Department may issue an order reducing the points of diversion to one or more of the integrated water systems operated by the right holder. If the Department issues such an order, the right holder shall be entitled to a hearing pursuant to Idaho Code § 42-1701A.
140 Noncompliance with any condition of this right is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water.
X35 Rights 95-2144, 95-2205, 95-7138, 95-7185, 95-7231, 95-7271, 95-7713, 95-7763, 95-7827, 95-8522, 95-9639, 95-9129, 95-9199, 95-9217, 95-9244, and 95-10019 when combined shall not exceed a total annual maximum diversion volume of 11,100 af.
004 This right does not grant any right-of-way or easement across the land of another.
226 To the extent necessary for administration between points of diversion for ground water, and between points of diversion for ground water and hydraulically connected surface sources, this right retains its priority established in the permit reinstatement order issued on 09/04/2008 for well locations authorized under this right as identified in permit 95-9129 dated 03/06/2003.
IDL State endowment land within the municipal service area shall not be considered part of the place of use for this water right absent an express agreement between the Idaho Department of Lands and the municipal provider recorded with the Idaho Department of Water Resources.
Dates
  • Licensed Date :
  • Decreed Date : 7/21/2021
  • Permit Proof Due Date : 3/1/2008
  • Permit Proof Made Date : 6/13/2008
  • Permit Approved Date : 3/6/2003
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 4/30/2002
  • Protest Deadline Date: 7/22/2002
Other Information
  • State or Federal :
  • Water District Number : EXC
  • 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: False