Water Right Owners

Water Right Status

Water Source

Points Of Diversion (Location)

Water Uses

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.
	The 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.
R04	Use of water under this water right will be regulated by the watermaster of State Water District No. 37.
027	Use of water under this right shall be non-consumptive.
	This minimum streamflow shall be junior and subordinate to all consumptive use rights diverted from groundwater within the Snake River Aquifer tributary to the Malad River, 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.
	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 6/19/1981.
	Upon the future finding and order of the Director that gauging stations are required to maintain the approved minimum flow on the Malad River, such measuring devices shall be permanently installed and maintained as specified by the Department.
	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 instream flow begins at the downstream side of the Idaho Power Company diversion structure located on or near the line separating the NE¼NW¼, Section 35, Township 6 South, Range 13 East, B. M., from the NW¼NW¼, Section 35, Township 6 South, Range 13 East, B. M., and ends downstream approximately one (1) mile at the confluence of the Malad River with the Snake River in Lot 1 (NE¼NW¼) Section 34, Township 6 South, Range 13 East, B. M.
	The purpose of this minimum stream flow is to maintain trout rearing and spawning habitat.