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
BIG WOOD RIVER
MALAD RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BIG WOOD RIVER
Ending of Stream Flow
02N
18E
36
3
SW
NW
BLAINE
BIG WOOD RIVER
Beginning of Stream Flow
04N
17E
13
0
SE
NW
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
1/01
12/31
70.00 CFS
TOTAL
70.00 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.
This right is subject to all prior rights, with the exception of Right No. 37-07866.
This minimum stream flow right shall be considered in the evaluation of applications for permit to appropriate waters from the Big Wood River and tributaries filed after 6/19/81.
Upon the future finding and order of the director that gauging stations are required to maintain the approved minimum flow on Big Wood River, such measuring devices shall be permanently installed and maintained as specified by the Department.
The Director retains jurisdiction to review and amend any and all parameters of this right. Prior to undertaking a review of the water right, the Director shall identify the reasons for exercising retained jurisdiction under this condition, and give notice thereof to the public generally and to specific persons or parties known by the Director to be interested. The Director shall thereafter conduct a hearing for the purpose of determining whether the minimum stream flow should be modified or amended in the public interest. The burden of proof at the hearing shall be upon the person or party seeking to establish that a particular parameter of the water right should be modified or amended to satisfy the public interest. Review of the water right under this condition may not occur prior to 15 years after issuance of the license.
This minimum stream flow reach is from the confluence with Warm Springs Creek in the SENW, S13, T4N, R17E downstream approximately 18 miles to the point of diversion of the Bellevue diversion in the L3 (SWNW), S36, T2N, R18E.
The place of use is within the designated stream reach from the beginning point to ending point described above.
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. 37.