Priority Date : 6/6/2002
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
SNAKE RIVER
COLUMBIA RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SNAKE RIVER
01S
45E
17
0
SE
NE
BONNEVILLE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER STORAGE
01/01
12/31
157000.00 AFA
POWER FROM STORAGE
01/01
12/31
157000.00 AFA
TOTAL
157000.00 AFA
Places of Use
Place of Use Legal Description : POWER FROM STORAGE (BONNEVILLE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
01S
45E
17
2
NW
NE
Conditions
Code
Condtions
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. 01.
R22
The rights for the use of water confirmed in this license shall be junior and subordinate to all rights for the use of water other than hydropower, within the State of Idaho that are initiated later in time than the priority of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right.
916
The term of this water right license shall extend to April 1, 2035, or whenever the 2004 Snake River Water Rights Agreement is no longer effective, whichever comes first. Prior to the expiration of the term, the Director may issue an order canceling all or any part of the use authorized herein, may establish a new term, or may revise, delete, or add conditions under which the water right license may be exercised. The order shall take effect on the date the current term expires. If the Director does not issue such an order, the term shall automatically extend to a length equal to the project's prior term and any prior conditions on the water right license shall remain in effect.
Any use of water authorized by this water right, including any change in use authorized pursuant to a transfer, exchange, Water Supply Bank lease and rental, or any other use of water relying on this water right, shall fully comply with the provisions of the Mediator’s Term Sheet of the 2004 Snake River Water Rights Agreement, a copy of which is attached as Attachment 2 to the Consent Decree Approving Entry of Partial Final Decrees Determining the Rights of the United States as Trustee for the Benefit of the Nez Perce Tribe and the Nez Perce Tribe to the Use of Water in the Snake River Basin Within Idaho and Partial Final Decrees Determining Minimum Stream Flow Water Rights Held by the Idaho Water Resources Board entered on January 30, 2007, by John M. Melanson, Presiding Judge, Snake River Basin Adjudication.
048
The use of water under this right shall not give rise to any claim against the holder of a senior water right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable estoppel, estoppel by laches or customary preference.
R40
The storage of water under this right is contingent upon continued certification by the Department of Water Resources under the dam safety provisions of the Idaho Code, authorizing storage.
025
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.