Priority Date : 9/8/2004
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
MARSH CREEK
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
MARSH CREEK
11S
25E
22
0
SE
SE
NW
CASSIA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
WILDLIFE
01/01
12/31
30.00 CFS
13249.80 AFA
WATER QUALITY IMPROVEMENT
01/01
12/31
30.00 CFS
13249.80 AFA
TOTAL
30.00 CFS
13249.80 AFA
Places of Use
Place of Use Legal Description : WILDLIFE (CASSIA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
11S
25E
22
SW
NE
11S
25E
22
SE
NW
Place of Use Legal Description : WATER QUALITY IMPROVEMENT (CASSIA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
11S
25E
22
SW
NE
11S
25E
22
SE
NW
Conditions
Code
Condtions
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. 45F.
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 rate of diversion for wildlife and water quality improvement purposes authorized by this permit shall be junior and subordinate to all rights to the use of water, other than wildlife and water quality improvement purposes, within the State of Idaho that are initiated later in time than September 8, 2004 and shall not give rise to any right or claim against future rights to the use of water, other than wildlife and water quality improvement purposes, within the State of Idaho initiated later in time than September 8, 2004.
X38
Use of water under this right shall be non-consumptive. At such time in the future as the Director determines 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.
In the event native salmonids are re-established in the Marsh Creek watershed, the right holder, after IDFG confirms the presence of salmonids, shall improve or modify the existing weir structure located just below the point of diversion authorized by this right to provide fish passage in Marsh Creek.
In the event native salmonids are re-established in the Marsh Creek watershed, the Director retains jurisdiction to require a bypass flow for fish passage and maintenance of fish and aquatic habitat. Bypass flows will be based upon fish habitat requirements and the natural hydrograph in Marsh Creek as determined by a study conducted by the right holder.