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
TETON RIVER
HENRYS FORK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
TETON RIVER
Beginning of Stream Flow
06N
44E
23
0
SE
SW
TETON
TETON RIVER
Ending of Stream Flow
07N
44E
20
0
NW
NE
TETON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
1/01
12/31
106.00 CFS
TOTAL
106.00 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.
027
Use of water under this right shall be non-consumptive.
R05
The minimum stream flow approved 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 No. 01, Snake River.
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, by court decree, or by a permit or license issued by the director under the provisions of Chapter 2, Title 42, Idaho Code, with a priority date earlier than the priority date of this right.
This right approves a minimum stream flow of 106 cfs except for that portion of the reach where flows are reduced to 20-50 cfs as a result of Fall River's hydroelectric diversions at Felt Dam, in T7N, R44E, Section 29, SWNE, at river mile 1.8.
Upon the future finding and order of the Director that gauging stations are required to maintain the approved minimum flow on the Teton River, such measuring devices shall be permanently installed and maintained as specified by the Department.
112
The Idaho Water Resource Board, upon receiving a request, or upon its own initiative, may petition the Director for an amendment to this water 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 notify 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 person or parties seeking the amendment to establish that the amendment of this water right would be in the public interest.
The purpose of this minimum stream flow is to maintain trout habitat.
147
The place of use is within the stream reach between the beginning instream point and the ending instream point described for the points of diversion for this right.