IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 9/27/1984
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
Ending of Stream Flow
09N
43E
12
0
SW
SE
FREMONT
WARM RIVER
Beginning of Stream Flow
10N
44E
10
0
NW
SW
FREMONT
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
01/01
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.
091
Use of water under this right shall recognize and allow the continued beneficial diversion of water under any prior existing water right established by diversion and application to beneficial use or by an application, permit, or license on file or issued by the director under the provisions of Chapter 2, Title 42, Idaho Code, with a priority of water right date earlier than the date of priority of this right.
027
Use of water under this right shall be non-consumptive.
092
Upon the future finding and order of the director that gauging stations are required to maintain the approved minimum stream flow, the right holder shall permanently install and maintain gauging stations as specified by the department.
The purpose of this minimum stream flow is to preserve recreational value and fish and wildlife habitat.
This minimum stream flow begins at the point where the flows from Warm River Springs discharge into the Warm River in the NW1/4SW1/4, S10, T10N, R44E, B.M., and ends approximately 8 miles downstream in the SW1/4SE1/4, S12, T9N, R43E, B.M., Fremont County.
112
The Idaho Water Resource 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 water 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.
R05
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 No. 01.