Priority Date : 4/17/1990
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
17E
12
0
SW
NE
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
RECREATION
01/01
12/31
7.14 CFS
1058.60 AFA
TOTAL
7.14 CFS
1058.60 AFA
Places of Use
Place of Use Legal Description : RECREATION (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
04N
17E
12
SW
NE
Conditions
Code
Condtions
Recreation use includes one pond with a surface area of 5663 square feet and an average depth of 2 feet.
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.
027
Use of water under this right shall be non-consumptive.
X35
Rights 37-8248 and 37-8605 when combined shall not exceed a total diversion rate of 10.0 cfs.
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).
Water used pursuant to this right which is discharged into a natural channel shall satisfy Idaho Water Quality Standards. The Director may require water quality monitoring if necessary to protect the local public interest.
At such times in the future as he may determine necessary to protect the prior rights or other users, the Director may require determination of the rate of loss within the system using a procedure approved by the Director, and may require mitigation for all system losses.
The Director retains jurisdiction to review and amend any and all parameters of the license to assure continuing compliance with the "local public interest" criteria of Rule 5,1,5. Any person seeking review and amendment of the license shall file a request for an amendment with the Department, which request shall include the amendment sought, the reasons for the amendment, 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 holder of this license and allow the 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 license 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 license should be amended for the purpose of assuring it continues to comply with the "local public interest" criteria of Rule 5,1,5. The burden of proof at the hearing shall be upon the persons or parties seeking the amendment to establish that a material change in circumstances has occurred since the license was issued or was reviewed that requires amendment of license to prevent a conflict with the "local public interest."
004
The issuance of this right does not grant any right-of-way or easement across the land of another.