IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 6/19/1981
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
HENRYS FORK
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
HENRYS FORK
Ending of Stream Flow
10N
43E
25
0
SE
NE
FREMONT
HENRYS FORK
Beginning of Stream Flow
13N
43E
33
0
NW
NW
FREMONT
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
01/01
12/31
300.00 CFS
MINIMUM STREAM FLOW
04/01
09/30
1000.00 CFS
TOTAL
1000.00 CFS
Places of Use
Conditions
Code
Condtions
027
Use of water under this right shall be non-consumptive.
The use of water under this right is subject to all prior rights; specifically, the water rights and practices of the Fremont-Madison, Falls, A & B, Burley and Minidoka Irrigation Districts; American Falls Reservoir District #2 and the United States and its Contractors. The right shall not be deemed to impose any conditions or requirements upon the operation of Island Park Dam.
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. 01.
Upon the future finding and order of the Director that gauging stations are required to maintain the minimum flow of the Henrys Fork, such measuring devices shall be permanently installed and maintained as specified by the Department.
The upper minimum stream flow reach extends from the NWNW, S33, T13N, R43E to the point where Henrys Fork intersects the line between Sec. 13 and Sec. 14, T10N, R43E. The lower reach extends
from this point downstream to the SENE, S25, T10N, R43E.
The rate of flow under this right for the upper reach during the entire year and the lower reach from 10/01 through 3/31 shall be limited to 300 cfs, or the rate of flow provided by the Buffalo River plus other tributary flows throughout the minimum stream flow reaches, whichever is less.
147
The place of use of the minimum stream flow water right is stream reach from the beginning quantification point to the ending quantification point identified above.
The Director retains jurisdiction, as described below, to review and amend any and all parameters of this right. The Board, upon receiving a request, or upon its own initiative, may petition the Director for an amendment to the right. The petition must set forth any significant change in circumstances and evidence of the public interest supporting the proposed amendment. The Director will notify the general public and specific persons or known interested parties of the proposed change, and conduct a hearing
for the purpose of determining whether the right should be amended in the public interest. The burden of proof at the hearing shall be upon the persons or parties seeking the amendment to establish that the amendment of the right would be in the public interest.
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.