Priority Date : 5/11/1989
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
HOWELL CREEK
MARSH CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
HOWELL CREEK
12S
25E
16
0
SE
SW
CASSIA
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER
9/15
4/15
1.23 CFS
518.70 AFA
TOTAL
1.23 CFS
518.70 AFA
Places of Use
Place of Use Legal Description : POWER (CASSIA county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
12S
25E
16
SE
NW
Conditions
Code
Condtions
027
Use of water under this right shall be non-consumptive.
R22
The rights for the use of water confirmed in this license 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.
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.
025
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
R04
Use of water under this water right will be regulated by the watermaster of State Water District No. &DISTRICT.
The right holder shall pay the extra costs of the watermaster in monitoring measuring devices at his point of diversion and also his point of discharge back to Howell Creek, and any additional monitoring of other water rights that is required as a result of this hydropower project.
This right shall be subject to the diversion of water under water rights for irrigation purposes diverted during the non-irrigation season provided the use is in compliance with applicable law, and the ground will absorb the water.
During the non-irrigation season, a flow of ten miner's inches (0.20 cfs) or more shall bypass the point of diversion. The bypass shall be measured at the point of diversion unless a downstream user shows 1) the 0.20 cfs is not available downstream, and 2) he is being injured by the unavailability, at which time the department may increase the bypass to satisfy the water need downstream.
The diversion and use of water for hydropower purposes under this license is subject to review by the Director on or after February 1, 2004. 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.
The right holder shall maintain a measuring device of a type acceptable to the Department near the point of discharge into Howell Creek for the purposes of determining system losses.