Priority Date : 7/11/1989
Basis : License
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
04N
18E
30
0
SE
NE
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
AESTHETIC
1/01
12/31
10.00 CFS
7239.80 AFA
TOTAL
10.00 CFS
7239.80 AFA
Places of Use
Place of Use Legal Description : AESTHETIC (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
04N
18E
29
SW
SW
04N
18E
30
SE
SE
Conditions
Code
Condtions
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. &DISTRICT.
081
Use of water under this approval shall comply with applicable water quality standards of the Division of Environmental Quality of the Idaho Department of Health and Welfare.
Water temperature effects on the Big Wood River of return flows must be monitored as per agreement between the right holder and the Department of Health & Welfare, Division of Environmental Quality. The Director may require other water quality monitoring if necessary, to protect the local public interest. Use of water under this right, when combined with other recreational, aesthetic, hydropower, fish propagation or other traditional "non-consumptive uses" of water must not cause a significant degradation of water quality in the Big Wood River and its tributaries.
This right is junior to the minimum streamflow in the Big Wood River of 189.00 cfs, as established by water right nos. 37-07919 and 37-08307.
The director retains jurisdiction to review and amend any and all parameters of this right to assure continuing compliance with the "local public interest" criteria of IDAPA Rule 37.03.08.045.01.e. Any person seeking review and amendment of this right shall file a request for a transfer with the department, which request shall include the transfer sought, the reasons for the transfer, and a statement of the changes in circumstances since the license was issued or last reviewed that merit a review of the license. The department shall mail a copy of the request by certified mail, return receipt requested, to the right holder and allow the right holder not less than thirty (30) days from the date of his receipt of the copy of the request to file a response. Upon review of the request and the response, the department may, in its discretion, decide the right needs to be reviewed. If so, it shall notify the general public and specific persons or parties known to be interested in the proposed change, and conduct a hearing for the purpose of determining whether the right should be changed for the purpose of assuring it continues to comply with the "local public interest" criteria of IDAPA Rule 37.03.08.045.01.e. The burden of proof at the hearing shall be upon the persons or parties seeking the transfer to establish that a material change in circumstances has occurred since the right was issued or was reviewed that requires a transfer of the right to prevent a conflict with the "local public interest".
This right, when combined with water diverted pursuant to right no. 37-08278 shall not exceed ten (10) cfs.
When delivery of water pursuant solely to this right is not possible because of earlier priority rights, including minimum streamflows, water diverted pursuant to right no. 37-08278 may be delivered through the place of use for this right only if: a) losses incurred from the point of diversion to the point of discharge of right no. 37-08278 are fully compensated, and b) the water is discharged directly to the actively flowing channel of the Big Wood River.
Right 37-30035 is used in combination with this right to mitigate losses of water resulting from the use of this right. The loss of water available to the holders of senior Comstoc
X35
Rights 37-4265, 37-8535 37-20441, 37-21176 and 37-22772 when combined shall not exceed a total diversion rate of 10.00 cfs.