20240823Attachment E.pdf

Pepperwood Crossing Subdivision Water Rights
Auth. Combined Combined
Water Diversion Authorized
Owner Status Priority Date Source Beneficial Use Irrigated Rate(cfs) Volume(AF) Div.Rate Volume Points of Diversion Place of Use Notes
Right No. Acres cfs AF
1. Domestic use if for 108 homes.
County Line 2• Irrigation cannot exceed 1/2 acre per domestic lot.
Ground water Domestic N/A 0.72 129.6 Commercial Park 3. Irrigation cannot exceed 13,000 gallons per day per home.
Rocky SWSESE,Sec.36,04N,38E Pepperwood Crossing 4. Irrigation of common areas is not authorized under this right.
Mountain 25-14165 License Feb.3,2005 (Pepperwood Well No.1) Division No.1 5. Right Holder shall maintain 2.4 shares of Harrison Canal as
Utility Co. SWSESE,Sec.36,04N,38E Pepperwood Crossing mitigation;otherwise irrigation shall not occur.
(Pepperwood Well No.2) Division No.2 6.Commercial use is for 8 commercial lots(County Line
Ground water Commercial N/A 0.32 4.8 Commercial Park).
7. Commercial use cannot exceed 0.04 cfs and 2,500 gallons per
day.
1. Domestic use is for 133 homes and is for in-house use only.
25-14497 Permit Feb.24,2021 Ground water Domestic N/A 0.51 None described 2. Use of water shall be non-consumptive;No irrigation is to
SWSESE,Sec.36,04N,38E occur.
(Pepperwood Well No.1)
J&L Holdings 25-14512 Permit Jan.24,2022 Ground water Irrigation 25 0.50 None described SWSESE,Sec.36,04N,38E Pepperwood Crossing This right is for irrigation of the residential lots(133 homes).
(Pepperwood Well No.2)
LLC Division No.3 1.These are mitigation rights.
25-14510 Decreed Aug.26,1957 Groundwater Mitigation by NESE,Sec.36,04N,38E 0.25 80.0 2. If the mitigation portion of this right is not deliverable due to a
Non-Use (Pepperwood Proposed Well
25 No.3) shortage of water or a priority call,the amount of water
authorized under 25-14512 shall be reduced by the same
25-14511 Decreed Aug.22,1979 Ground water Mitigation by Non-Use 0.10 20.0 proportion as the reduction to this right.
TOTAL 2.05 234
Based on the field exam,the measured flow rate of Well No.1
is 0.85 cfs(382 gpm)
Based on the field exam,the measured flow rate of Well No.2
is 1.11 cfs(500 gpm)
Under all rights,the total that can be diverted
instantaneously is 2.05 ds.
However,the wells maybe designed such that 1 or 2 of the
wells are capable of diverting the full 2.05 cfs authorized under
all rights(in the event one of them is not functioning).

Close
Water Right Report : 25-14165( License/Active)
Water Right Owners
Owner Type Name Address City State Postal Code
Current Owner ROCKY MOUNTAIN UTILITY CO 2 N LANDMARK LN STE 4 RIGBY ID 83442-5340
Original Owner LANDMARK DEVELOPMENT PROPERTIES LLC 2 N LANDMARK LN STE 4 RIGBY ID 83442
Representative HOLDEN KIDWELL HAHN &CRAPO C/O ROB HARRIS PO BOX 50130 IDAHO FALLS ID 83405
Water Right Status
Priority Date : 2/3/2005
Basis : License
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 04N 38E 36 0 SW SE SE JEFFERSON
GROUND WATER 04N 38E 36 0 SW SE SE JEFFERSON
Water Uses
Beneficial Use From To Diversion Rate Volume
COMMERCIAL 01/01 12/31 0.32 CFS 4.80 AFA
DOMESTIC 01/01 12/31 0.72 CFS 129.60 AFA
TOTAL 1.04 CFS 134.40 AFA
Places of Use
Paged View
Place of Use Legal Description : COMMERCIAL (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 SW SE
Place of Use Legal Description : DOMESTIC (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 SW SE
04N 38E 36 SE SE
Conditions
Code Condtions
X01 Domestic use is for 108 homes.
071 The domestic use authorized under this right shall not exceed 13,000 gallons per day per home.
070 The irrigation occurring under this domestic use shall not exceed 1/2 acre within each platted subdivision lot upon which a home
has been constructed. This right does not provide for irrigation of common areas or for irrigation of lots upon which homes have
not been constructed.
X59 Points of diversion are located within Lot 9, Blk.4, Pepperwood Crossing Subdivision.
X60 Domestic place of use is located within Lots 1-24, Blk. 1; Lots 1-8, Blk. 2; Lots 1-9, Blk. 3; Lots 1-8, 10-29, Blk.4,- Lot 1, Blk. 5; Lots 1-
19, Blk. 6; Lots 1-10, Blk. 7; and Lots 1-9, Blk. 8; Pepperwood Crossing Subdivision.
The right holder shall maintain control of 2.4 shares (12 inches) of water in the Harrison Canal Co. as mitigation for the irrigation
occurring under this domestic use. Irrigation under this domestic use shall not occur if the 2.4 shares appurtenant to the place of
use are sold, transferred, leased or used on any other place of use.
X60 Commercial place of use is located within Lots 6, 7, 8A, and 8B BIk.1; Lots 1-4, Blk. 2; Lot 1-4, Blk. 3; County Line Commercial Park.

Commercial use is for 8 commercial lots.
The commercial use authorized under this right shall not exceed 0.04 cfs and 2,500 gallons per day per commercial use.
R05 Use of water under this right may 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. 120.
212 Prior to diversion and use of water under this right, the right holder shall install and maintain acceptable measuring device(s) at
the authorized point(s) of diversion, in accordance with Department specifications.
R02 A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will
provide the watermaster suitable control of the diversion.
933 This right is for the use of trust water, and it is subject to review 5 years after its initial approval (date of permit approval) to re-
evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust
water.
Dates Other Information
Licensed Date : 7/21/2023 State or Federal :
Decreed Date : Water District Number: 120
Permit Proof Due Date :4/1/2020 Generic Max Rate Per Acre : 0
Permit Proof Made Date :4/10/2020 Generic Max Volume Per Acre : 0
Permit Approved Date :4/26/2005 Civil Case Number:
Permit Moratorium Expiration Date : Decree Plantiff:
Enlargment Use Priority Date : Decree Defendant
Enlargement Statute Priority Date : Swan Falls Trust or Nontrust : T
Application Recevied Date: 1/14/2005 Swan Falls Dismissed
Protest Deadline Date: 2/22/2005 IDLE Act Number:
Cary Act Number:
Mitigation Plan: False
IDAHO DEPARTMENT OF WATER RESOURCES 8/13/2024
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Water Permit Report: 2 5-14497(Active)
Water Right Owners
Owner Type Name Address City State Postal
Code
Current Owner J & L HOLDINGS LLC PO BOX 111 IRWIN ID 83428-
0111
Representative ROCKY MOUNTAIN ENVIRONMENTAL 482 CONSTITUTION WAY STE 303 IDAHO ID 83402-
ASSOC INC FALLS 3552
Representative ASPEN ENGINEERING C/O RYAN LOFTUS 10727 N IDAHO ID 83401-
YELLOWSTONE HWY FALLS 5355
Water Permit Status
Priority Date : 2/24/2021
Status :Active
Water Source
Source Tributary Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source Township Range Section QQQ QQ Q County Diversion Type
GROUND WATER 04N 38E 36 NE SE JEFFERSON
GROUND WATER 04N 38E 36 SE SE JEFFERSON
GROUND WATER 04N 38E 36 SE SE JEFFERSON
Water Uses
Beneficial Use From To Diversion Rate Volume
DOMESTIC 01/01 12/31 0.51 CFS
TOTAL 0.51 CFS
Places of Use
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Place of Use Legal Description : DOMESTIC (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 NE SE
04N 38E 36 NW SE
Conditions
Code Condtions
WB5 Domestic use is for 133 homes and does not include lawn, garden, landscape, or other types of irrigation. Irrigation for the 133 lots
within the Pepperwood Crossing Subdivision Div. 3 is authorized by water right 25-14512.
R05 Use of water under this right may 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. 120.
214 Prior to the diversion and use of water under this approval, the right holder shall install and maintain acceptable measuring
device(s) at the authorized point(s) of diversion in accordance with Department specifications, or shall obtain an approved variance
from the Department to determine the amount of water diverted from power records or to maintain an existing measuring device.
213 Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage
information at the authorized point(s) of diversion in accordance with Department specifications.
X59 Points of diversion are located within Lot 9, Block 4 Pepperwood Crossing Div. 1 and Lot 16, Block 10 Pepperwood Crossing Div. 3.

X60 Place of use is located within Lots 2-6, Block 5; Lots 20-48, Block 6; Lots 10-24, Block 8; Lots 1-45, Block 9; Lots 2-21, Block 10; Lots
1-17, Block 11; and Lots 1-6, Block 12; Pepperwood Crossing Subdivision Div. 3.
027 Use of water under this right shall be non-consumptive.
933 This right is for the use of trust water, and it is subject to review five years after its initial approval (date of permit approval)to re-
evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust
water.
935 Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be
required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing
mitigation to offset the depletion of water resulting from the use of this right.
046 Right holder shall comply with the drilling permit requirements of Idaho Code §42-235 and applicable Well Construction Rules of
the Department.
020 The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the
protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department is
not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other
conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the
responsibility of the protestant and the water right holder.
Dates Other Information
Licensed Date : State or Federal : S
Decreed Date : Water District Number: 120
Permit Proof Due Date : 9/1/2027 Generic Max Rate Per Acre : 0
Permit Proof Made Date : Generic Max Volume Per Acre : 0
Permit Approved Date : 8/17/2022 Civil Case Number:
Permit Moratorium Expiration Date : Decree Plantiff:
Enlargment Use Priority Date : Decree Defendant
Enlargement Statute Priority Date : Swan Falls Trust or Nontrust
Water Supply Bank Enrollment Date Accepted : Swan Falls Dismissed
Water Supply Bank Enrollment Date Removed : IDLE Act Number:
Application Recevied Date: 2/24/2021 Cary Act Number:
Protest Deadline Date: 8/23/2021 Mitigation Plan: False
IDAHO DEPARTMENT OF WATER RESOURCES 8/13/2024
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Water Permit Report: 25-14512(Active)
Water Right Owners
Owner Type Name Address City State Postal Code
Current Owner J & L HOLDINGS LLC PO BOX 111 IRWIN ID 83428-0111
Representative ROCKY MOUNTAIN WATER EXCHANGE, LLC 482 CONSTITUTION WAY STE 303 IDAHO FALLS ID 83402-3552
Water Permit Status
Priority Date : 1/24/2022
Status :Active
Water Source
Source Tributary Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source Township Range Section QQQ QQ Q County Diversion Type
GROUND WATER 04N 38E 36 NE SE JEFFERSON
GROUND WATER 04N 38E 36 SE SE JEFFERSON
GROUND WATER 04N 38E 36 SE SE JEFFERSON
Water Uses
Beneficial Use From To Diversion Rate Volume
IRRIGATION 04/01 10/31 0.50 CFS
TOTAL 0.50 CFS
Places of Use
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Place of Use Legal Description : IRRIGATION (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 NE SE 17
04N 38E 36 NW SE 8
Irrigation Totals
Total Acres Acre Limit
25.00
Conditions
Code Condtions
170 To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right
holders, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and
amounts specified below. Moreover, the official record for the following water right will be changed to show that diversion and use
of water is not authorized because the rights, or portion thereof, are being dedicated to mitigation by non-use. The mitigating
right may also include a condition stating that the mitigation by non-use is for the benefit of this right. Use Changed to Mitigation
Mitigation Mitigation Right No. Mitigation by Non-Use Rate (cfs)Volume (AF)Acres 25-14510 Irrigation 0.25 80.0 20.0 25-14511
Irrigation 0.10 20.0 5.0 If the specified mitigation right, or portion thereof, is sold, transferred, leased, used on any place of use, or
is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this right
approval shall be reduced by the same proportion as the reduction to the mitigation rights.
R05 Use of water under this right may 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. 120.

214 Prior to the diversion and use of water under this approval, the right holder shall install and maintain acceptable measuring
device(s) at the authorized point(s) of diversion in accordance with Department specifications, or shall obtain an approved variance
from the Department to determine the amount of water diverted from power records or to maintain an existing measuring device.
213 Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage
information at the authorized point(s) of diversion in accordance with Department specifications.
X59 Points of diversion are located within Lot 9, Block 4 Pepperwood Crossing Div. 1 and Lot 16, Block 10 Pepperwood Crossing Div. 3.
X60 Place of use is covered by sixteen shares in Rudy Irrigation Canal Company Ltd.
933 This right is for the use of trust water, and it is subject to review five years after its initial approval (date of permit approval)to re-
evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust
water.
935 Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be
required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing
mitigation to offset the depletion of water resulting from the use of this right.
R64 This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the
field headgate for irrigation of the place of use.
046 Right holder shall comply with the drilling permit requirements of Idaho Code §42-235 and applicable Well Construction Rules of
the Department.
020 The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the
protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department is
not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other
conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the
responsibility of the protestant and the water right holder.
Dates Other Information
Licensed Date : State or Federal : S
Decreed Date : Water District Number: 120
Permit Proof Due Date : 9/1/2027 Generic Max Rate Per Acre : 0.02
Permit Proof Made Date : Generic Max Volume Per Acre :4
Permit Approved Date : 8/17/2022 Civil Case Number:
Permit Moratorium Expiration Date : Decree Plantiff:
Enlargment Use Priority Date : Decree Defendant
Enlargement Statute Priority Date : Swan Falls Trust or Nontrust
Water Supply Bank Enrollment Date Accepted : Swan Falls Dismissed
Water Supply Bank Enrollment Date Removed : DLE Act Number:
Application Recevied Date: 1/24/2022 Cary Act Number:
Protest Deadline Date: Mitigation Plan: False
IDAHO DEPARTMENT OF WATER RESOURCES 8/13/2024
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Water Right Report : 25-14510( Decreed/Active)
Water Right Owners
Owner Type Name Address City State Postal Code
Current Owner J & L HOLDINGS LLC PO BOX 111 IRWIN ID 83428-0111
Original Owner E J STEINKE RANCHES INC 5561 W 129 N IDAHO FALLS ID 83402-5254
Previous Owner JENSEN, WAYNE A 2777 N 26 W IDAHO FALLS ID 83402
Water Right Status
Priority Date : 8/26/1957
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 04N 38E 36 0 NE SE JEFFERSON
GROUND WATER 04N 38E 36 0 SE SE JEFFERSON
GROUND WATER 04N 38E 36 0 SE SE JEFFERSON
Water Uses
Beneficial Use From To Diversion Rate Volume
MITIGATION BY NON-USE 04/01 10/31 0.25 CFS 80.00 AFA
TOTAL 0.25 CFS 80.00 AFA
Places of Use
Printable View Paged View
Place of Use Legal Description : MITIGATION BY NON-USE (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 NE SE
04N 38E 36 NW SE
Conditions
Code Condtions
X27 This right is limited to the irrigation of 25 acres within the authorized place of use in a single irrigation season.
X35 Rights 25-14510 and 25-14511 when combined shall not exceed the irrigation of 25 acres.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 25-14512. 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 25-14512 that are being mitigated shall be reduced by the same proportion as the reduction to
this right.
F14 Use of this right is combined with sixteen shares of water from Rudy Irrigation Canal Company Ltd.
As long as the beneficial use for this right remains designated as mitigation by non-use,this right is not combined with and
remains separate from the irrigation rights at the place of use described above.
R05 Use of water under this right may 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. 120.
020 The diversion and use of water described in Transfer 85750 may be subject to additional conditions and limitations agreed to by
the protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department
is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in
other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the
responsibility of the protestant and the water right holder.
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 Idaho Code §42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified
decree entered 08/26/2014.
Dates Other Information
Licensed Date : State or Federal : S
Decreed Date :4/11/2002 Water District Number: 120
Permit Proof Due Date : Generic Max Rate Per Acre : 0.02
Permit Proof Made Date : Generic Max Volume Per Acre :4
Permit Approved Date : Civil Case Number:
Permit Moratorium Expiration Date : Decree Plantiff:
Enlargment Use Priority Date : Decree Defendant
Enlargement Statute Priority Date : Swan Falls Trust or Nontrust
Application Recevied Date: Swan Falls Dismissed
Protest Deadline Date: DLE Act Number:
Cary Act Number:
Mitigation Plan: False
IDAHO DEPARTMENT OF WATER RESOURCES 8/13/2024
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Water Right Report : 25-14511( Decreed/Active)
Water Right Owners
Owner Type Name Address City State Postal Code
Current Owner J & L HOLDINGS LLC PO BOX 111 IRWIN ID 83428-0111
Original Owner TOMCHAK, BURLEIGH 202 BASSETT RD ROBERTS ID 83444
Original Owner TOMCHAK, MABEL 458 BASSETT RD ROBERTS ID 83444
Previous Owner PT ELLIOTT LLC 392 N 4500 E RIGBY ID 83442-5596
Water Right Status
Priority Date :4/22/1979
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 04N 38E 36 0 NE SE JEFFERSON
GROUND WATER 04N 38E 36 0 SE SE JEFFERSON
GROUND WATER 04N 38E 36 0 SE SE JEFFERSON
Water Uses
Beneficial Use From To Diversion Rate Volume
MITIGATION BY NON-USE 04/01 10/31 0.10 CFS 20.00 AFA
TOTAL 0.10 CFS 20.00 AFA
Places of Use
Printable View Paged View
Place of Use Legal Description : MITIGATION BY NON-USE (JEFFERSON county)
Township Range Section Lot QQQ QQ Q Acres
04N 38E 36 NE SE
04N 38E 36 NW SE
Conditions
Code Condtions
X27 This right is limited to the irrigation of 5.0 acres within the authorized place of use in a single irrigation season.
X35 Rights 25-14510 and 25-14511 when combined shall not exceed the irrigation of 25 acres.
193 This right mitigates for the depletion of water resulting from the diversion and use of water under Right 25-14512. 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 25-14512 that are being mitigated shall be reduced by the same proportion as the reduction to
this right.
F14 Use of this right is combined with sixteen shares of water from Rudy Irrigation Canal Company Ltd.
As long as the beneficial use for this right remains designated as mitigation by non-use,this right is not combined with and
remains separate from the irrigation rights at the place of use described above.
R05 Use of water under this right may 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. 120.

020 The diversion and use of water described in Transfer 85750 may be subject to additional conditions and limitations agreed to by
the protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department
is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in
other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the
responsibility of the protestant and the water right holder.
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 Idaho Code §42-1412(6),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 determined by the Snake River Basin Adjudication court in the final unified
decree entered 08/26/2014.
Dates Other Information
Licensed Date : State or Federal :
Decreed Date : 1/12/2004 Water District Number: 120
Permit Proof Due Date : Generic Max Rate Per Acre : 0
Permit Proof Made Date : Generic Max Volume Per Acre : 0
Permit Approved Date : Civil Case Number:
Permit Moratorium Expiration Date : Decree Plantiff:
Enlargment Use Priority Date : Decree Defendant
Enlargement Statute Priority Date : Swan Falls Trust or Nontrust
Application Recevied Date: Swan Falls Dismissed
Protest Deadline Date: IDLE Act Number:
Cary Act Number:
Mitigation Plan: False
IDAHO DEPARTMENT OF WATER RESOURCES 8/13/2024
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