Priority Date : 2/3/1982
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BILLINGSLEY CREEK
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BILLINGSLEY CREEK
07S
13E
11
0
SE
SE
NE
GOODING
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER
01/01
12/31
97.00 CFS
70200.00 AFA
TOTAL
97.00 CFS
70200.00 AFA
Places of Use
Place of Use Legal Description : POWER (GOODING county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
07S
13E
11
SE
NE
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.
H01
THE WATER USE FOR THIS RIGHT IS NON-CONSUMPTIVE.
RIGHT NO. 36-7834 IS ALSO DIVERTED THROUGH POINT OF DIVERSION DESCRIBED ABOVE.
THE RIGHT HOLDER SHALL ALLOW A BYPASS FLOW PAST THE DIVERSION STRUCTURE IN BILLINGSLEY CREEK ACCORDING TO THE SCHEDULE BELOW:
35 CFS FROM 1/1 THROUGH 9/30
70 CFS FROM 10/1 THROUGH 11/15
35 CFS FROM 11/16 THROUGH 12/31
THIS RIGHT DOES NOT CONSTITUTE IDAHO PUBLIC UTILITES COMMISSION OR FEDERAL ENERGY REGULATORY COMMISSION APPROVAL THAT MAY BE REQUIRED.
THE RIGHT HOLDER SHALL RE-RATE THE INTAKE CHANNEL FLOW AND SUBMIT THE INFORMATION TO IDWR ONCE EVERY THREE YEARS OR AS DETERMINED NECESSARY BY THE DIRECTOR.
USE OF WATER UNDER THIS APPROVAL SHALL COMPLY WITH APPLICABLE WATER QUALITY STANDARDS OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY.
THIS RIGHT SHALL BE JUNIOR AND SUBORDINATE TO ALL RIGHTS FOR THE USE OF WATER, OTHER THAN HYDROPOWER, WITHIN THE STATE OF IDAHO THAT ARE INITIATED LATER IN TIME THAN THE PRIORITY DATE OF THIS RIGHT AND SHALL NOT GIVE RISE TO ANY RIGHT OR CLAIMS AGAINST ANY FUTURE RIGHTS FOR THE USE OF WATER, OTHER THAN HYDROPOWER, WITHIN THE STATE OF IDAHO INITIATED LATER IN TIME THAN THE PRIORITY DATE OF THIS RIGHT.
A RATED SECTION TO ACCURATELY MEASURE AND DETERMINE THE RATE OF FLOWS DIVERTED TO THE GENERATORS SHALL BE MAINTAINED AND MEASUREING DEVICES OF A TYPE APPROVED BY THE DEPARTMENT SHALL BE MAINTAINED TO MEASURE THE BY-PASS FLOWS.
THE DIVERSION AND USE OF WATER FOR HYDROPOWER PURPOSES UNDER THIS LICENSE IS SUBJECT TO REVIEW BY THE DIRECTOR ON OR AFTER MARCH 1, 2011. UPON APPROPRIATE FINDINGS RELATIVE TO THE INTEREST OF THE PUBLIC, THE DIRECTOR MAY CANCEL ALL OR ANY PART OF THE USE AUTHORIZED HEREIN AND MAY REVISE, DELETE OR ADD CONDITIONS UNDER WHICH THE RIGHT MAY BE EXERCISED.
B09
THIS RIGHT IS SUBJECT TO REGULATION BY THE WATERMASTER OF WATER DISTRICT 36A.