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This minimum streamflow shall be junior and subordinate to all consumptive use rights diverted from groundwater within the Snake River Aquifer tributary to Sand Springs Creek and 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 streamflow 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 streamflow is subject to review and cancellation if public access is ever denied.
Use of water under this right shall recognize and allow the continued beneficial diversion of water for irrigation or other purposes 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 the priority of water right date earlier than 8/3/90.
Upon the future finding and order of the Director that gauging stations are required to maintain the approved minimum flow on Sand Springs Creek and springs, such measuring devices shall be permanently installed and maintained as specified by the Department.
This minimum stream flow reach begins at the outflow of the springs at the base of the Snake River canyon wall in the SWSWSE, S17, T8S, R14E and ends at the confluence of Sand Springs Creek with the Snake River in Lot 5 (SENESW), S17, T8S, R14E.
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 is for the preservation of aesthetics, recreation, aquatic life, and fish and wildlife habitat.
This minimum stream flow would include all unappropriated water that discharges to the creek within the reach, including any springs from their point of origin to their discharge into the creek.
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