IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 4/20/1992
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
WET CREEK
LITTLE LOST RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
WET CREEK
Ending of Stream Flow
09N
27E
4
0
SW
NE
BUTTE
WET CREEK
Beginning of Stream Flow
10N
26E
33
0
SE
SE
BUTTE
WET CREEK
Ending of Stream Flow
10N
26E
36
0
NE
SE
BUTTE
WET CREEK
Beginning of Stream Flow
10N
26E
36
0
NE
SE
BUTTE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
01/01
12/31
10.00 CFS
MINIMUM STREAM FLOW
10/01
05/01
4.00 CFS
MINIMUM STREAM FLOW
05/02
09/30
15.00 CFS
TOTAL
15.00 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.
USE OF WATER UNDER THIS RIGHT SHALL BE NON-CONSUMPTIVE. QUANTITY IN THE UPPER REACH IS 10.0 CFS. QUANTITY IN THE LOWER REACH (10-01 TO 5-01) IS 4.0 CFS. QUANTITY IN THE LOWER REACH (5-02 TO 9-30) IS 15.0 CFS.
UPON A FUTURE FINDING AND ORDER OF THE DIRECTOR THAT GAUGING STATIONS ARE REQUIRED TO MAINTAIN THE APPROVED MINIMUM FLOWS ON WET CREEK, SUCH MEASURING DEVICES SHALL BE PERMANENTLY INSTALLED AND MAINTAINED AS SPECIFIED BY THE DIRECTOR. THE DIRECTOR RETAINS JURISDICTION, AS DESCRIBED BELOW, TO REVIEW AND AMEND ANY AND ALL PARAMETERS OF THIS WATER RIGHT. THE 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 KNOWN INTERESTED PARTIES OF THE PROPOSED CHANGE, AND CONDUCT A HEARING FOR THE PURPOSE OF DETERMINING WHETHER THIS 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 THIS WATER RIGHT WOULD BE IN THE PUBLIC INTEREST.
THE UPPER REACH OF THIS MINIMUM STREAM FLOW BEGINS IN T10N, R26E, S33, SESE, AND RUNS TO THE POINT WHERE WATER FROM DRY CREEK IS INJECTED INTO WET CREEK IN T10N, R26E, S36, NESE; THE LOWER REACH RUNS FROM THIS POINT TO T9N, R27E, S04, SWNE.
PLACE OF USE IS WITHIN THE REACH BETWEEN THE BEGINNING INSTREAM POINT AND THE ENDING INSTREAM POINT DESCRIBED FOR THE POINTS OF DIVERSION FOR THIS RIGHT.