Priority Date : 7/10/1981
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
MALAD RIVER
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
MALAD RIVER
06S
14E
28
0
SW
NW
GOODING
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER
01/01
12/31
50.00 CFS
23400.00 AFA
TOTAL
50.00 CFS
23400.00 AFA
Places of Use
Place of Use Legal Description : POWER (GOODING county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
06S
14E
29
NW
SW
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.
004
This right does not grant any right-of-way or easement across the land of another.
R22
The rights for the use of water confirmed in 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 of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right.
025
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
027
Use of water under this right shall be non-consumptive.
X42
The diversion and use of water for hydropower purposes under this right is subject to review by the Director on or after May 1, 2018. 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.
R05
Use of water under this right will be regulated by a watermaster with responsibility for the distribution of water among appropriators within a water district. At the time of this approval, this water right is within State Water District No. 37.
R43
The right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion(s).
The right holder shall operate in run-of-river mode only and shall act to minimize the fluctuation of streamflow immediately downstream of the location where water is discharged into the Malad River.