Priority Date : 5/10/1990
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
18E
30
0
SE
NE
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
AESTHETIC
1/01
12/31
4.00 CFS
TOTAL
4.00 CFS
Places of Use
Place of Use Legal Description : AESTHETIC (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
04N
18E
30
SE
NE
Conditions
Code
Condtions
Use of water under this permit shall be non-consumptive. At such times in the future as he may determine necessary to protect the prior rights of 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, including losses which may injure users from the Comstock Ditch.
This project, when combined with other recreational, aesthetics, hydropower, fish propagation or other traditional "non- consumptive uses" of water must not cause a significant degradation of water quality of the Big Wood River and its tributaries.
Diversion of water under this right is subject to all prior water rights, including minimum streamflows established by Water Right Permit Nos. 37-07919 and 37-08307.
When delivery of water pursuant solely to this right is not possible because of earlier priority rights, including mimimum 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 37-08278 are fully compensated, and b) the water is discharged directly to the actively flowing channel of the Big Wood River.
Water exiting the system under this right must be discharged by the most direct route into the active channel of the Big Wood River by means of a non-leaking gravity flow pipeline after leaving the place of use for Right No. 37-08535.
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 Rule 5,1,5. Any person seeking review and amendment of the right 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 right. The Department shall mail a copy of the request by certified mail, return receipt requested, to the holder of this right 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 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 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 that requires amendment of the right to prevent a conflict with the "local public int
09E
Water used under this right when discharged into a natural channel or subsurface system shall meet Idaho Water Quality Standards.
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. 37.