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
WARM RIVER
HENRYS FORK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
WARM RIVER
Beginning of Stream Flow
09N
43E
12
0
SW
SE
FREMONT
WARM RIVER
Ending of Stream Flow
09N
43E
13
0
NW
NW
FREMONT
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
1/01
12/31
141.00 CFS
TOTAL
141.00 CFS
Places 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.
147
The place of use of the minimum stream flow water right is within the stream reach from the beginning quantification point to the ending quantification point identified above.
The use of water under this right shall recognize and allow the continued beneficial diversion of water for irrigation and other purposes under any prior existing water rights established by diversion and application to beneficial use or by any application, permit, or license on file or issued by the Director under the provisions of Chapter 2, Title 42, Idaho Code, with the priority of water right date earlier than 6/19/81.
027
Use of water under this right shall be non-consumptive.
Upon the future finding and order of the Director that gauging stations are required to determine the approved minimum flows on Warm River are being maintained, such measuring devices shall be permanently installed and maintained as specified by the Department.
This minimum flow is subordinated to the future construction of a dam on Warm River and storage behind the dam that might inundate portions or all of the proposed minimum flow reach. If the Board determines that a reservoir site on Warm River is no longer in the public interest, removal of the site from the State Water Plan will also remove the subordination of this minimum flow to the proposed reservoir.
This minimum stream flow reach is from State Highway 47 in the SWSE, S12, T9N, R43E, downstream to a point in the NWNW, S13, T9N, R43E.
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.