Priority Date : 3/31/1982
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
02S
01E
18
11
SE
SE
ADA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER
01/01
12/31
6550.00 CFS
TOTAL
6550.00 CFS
Places of Use
Place of Use Legal Description : POWER (ADA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
02S
01E
18
11
SE
SE
Conditions
Code
Condtions
For purposes of the determination and administration of this water right, no portion of the waters of the Snake River or surface or ground water tributary to the Snake River upstream from Milner Dam shall be considered.
913
The term of this water right shall run concurrently with Swan Falls Hydroelectric license Project No. 503 issued by the Federal Energy Regulatory Commission (FERC), which expires on September 1, 2042. The term shall automatically extend to run concurrently with any annual renewals of the project's FERC license. Prior to the issuance of a subsequent or new FERC license for the project, the Director may review the water right license and may issue an order canceling all or any part of the use, establishing a new term, or revising, adding or deleting conditions under which the water right may be exercised. The order shall take effect on the date the current term, as may be extended through annual renewals, expires. If the Director does not issue such an order, the term shall automatically extend to a length equal to the project's subsequent or new FERC license and any prior conditions on the water right license shall remain in effect.
R22
The water right acquired under this license for hydropower purposes shall be junior and subordinate to all rights to 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 to the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right.
025
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
027
Use of water under this right shall be non-consumptive.
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 02.
Power generation is at the Swan Falls Dam power plant.
This right is specifically subject to the agreement among the state of Idaho, the Governor, the Attorney General and Idaho Power Co. dated October 25, 1984. It is also subject to the contract between the state of Idaho and the Idaho Power Co. dated October 25, 1984.
Without regard to the right granted to the right holder to the beneficial use of 6550 cfs pursuant to license 02-7379, water may only be claimed and used thereunder if and when the water is physically available and such right shall not give rise to any claim on the part of the right holder to a flow requirement in the Snake River which exceeds 3,900 cfs during the summer season and 5,600 cfs during the winter season as specified in the above described agreement and contract.
Diversion and use of water by the reconstructed Swan Falls power project shall be pursuant to water rights held by the right holder (including permit 02-7379) and as such rights are modified by the agreement and contract and not otherwise.