IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 9/13/1978
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BANBURY SPRINGS
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BANBURY SPRINGS
Beginning of Stream Flow
08S
14E
33
4
SE
NW
GOODING
BANBURY SPRINGS
Ending of Stream Flow
08S
14E
33
4
SE
NW
GOODING
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
1/01
12/31
97.00 CFS
TOTAL
97.00 CFS
Places of Use
Conditions
Code
Condtions
027
Use of water under this right shall be non-consumptive.
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.
This minimum stream flow shall be junior and subordinate to all consumptive use rights diverted from groundwater within the Snake River Aquifer tributary to Thousand Springs, held in trust by the State of Idaho, which may be approved or diverted later in time than the priority of this right. Approval of this minimum stream flow right shall not give rise to any right or claim against any future rights to the consumptive use of groundwater held in trust by the State of Idaho initiated later in time than the priority of this right to the extent that such uses are within the limits established pursuant to the Swan Falls Agreement, the Idaho State Water Plan and Chapter 2, Title 42, Idaho Code.
This minimum stream flow begins at Banbury Springs and ends at the confluence of the discharge of the springs from Morgan Lake with the Snake River within Gov. Lot 4 (SENW), Section 33, Township 8S, Range 14E.
The purpose of this minimum stream flow is to preserve the high quality fishery, fish populations, aesthetics, and recreation values of the springs.
This right is subordinate to the use of water under junior priority License No. 36-08141 in the amount of 1.0 cfs.
092
Upon further finding and order of the director that gauging stations are required to maintain the approved minimum flows under this right, such measuring devices shall be permanently installed and maintained as specified by the director.