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Condtions |
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DESCRIPTION OF FLOWS BY REACH:
REACH A:
FROM 01-01 TO 04-18 212 CFS
FROM 04-19 TO 07-15 1100 CFS
FROM 07-16 TO 12-31 212 CFS
REACH B:
FROM 01-01 TO 04-14 337 CFS
FROM 04-15 TO 08-31 1100 CFS
FROM 09-01 TO 12-31 337 CFS
REACH C:
FROM 01-01 TO 04-14 337 CFS
FROM 04-15 TO 08-31 337 CFS MONDAY - THURSDAY
FROM 04-15 TO 08-31 400 CFS FRIDAY - SUNDAY
FROM 09-01 TO 12-31 337 CFS
REACH D:
FROM 01-01 TO 04-14 337 CFS
FROM 04-15 TO 08-31 1100 CFS
FROM 09-01 TO 12-31 337 CFS
REACH E:
FROM 01-01 TO 04-14 407 CFS
FROM 04-15 TO 08-31 1350 CFS
FROM 09-01 TO 12-31 407 CFS
THIS MINIMUM STREAM FLOW IS FOR THE PRESERVATION OF SCENIC, RECREATIONAL AND AESTHETIC VALUES AND FOR THE MAINTENANCE OF FISH AND WILDLIFE HABITAT. |
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PLACE OF USE FOR THIS RIGHT IS THE REACH OF THE SOUTH FORK PAYETTE RIVER BEGINNING AT THE BOUNDARY OF THE SAWTOOTH WILDERNESS AREA IN UNSURVEYED T09N R11E 2 TO THE CONFLUENCE OF THE SOUTH FORK PAYETTE RIVER AND THE MIDDLE FORK PAYETTE THENCE DOWNSTREAM ON THE PAYETTE RIVER TO THE CONFLUENCE OF THE PAYETTE RIVER AND THE NORTH FORK PAYETTE RIVER. |
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THE RATES OF FLOW FOR THIS MINIMUM STREAM FLOW ARE DESCRIBED IN DETAIL IN THE PURPOSE AND PERIOD OF USE PORTION OF THE WATER RIGHT. |
| C18 |
THIS PARTIAL DECREE IS SUBJECT TO SUCH GENERAL PROVISIONS NECESSARY FOR THE DEFINITION OF THE RIGHTS OR FOR THE EFFICIENT ADMINISTRATION OF THE WATER RIGHTS AS MAY BE ULTIMATELY DETERMINED BY THE COURT AT A POINT IN TIME NO LATER THAN THE ENTRY OF A FINAL UNIFIED DECREE. SECTION 42-1412(6), IDAHO CODE. |
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UPON A FUTURE FINDING AND ORDER OF THE DIRECTOR THAT GAUGING STATIONS ARE REQUIRED TO MAINTAIN THE APPROVED MINIMUM FLOW ON THE SOUTH FORK AND MAIN STEM, PAYETTE RIVER, SUCH MEASURING DEVICES SHALL BE PERMANENTLY INSTALLED AND MAINTAINED AS SPECIFIED BY THE DEPARTMENT.
THE DIRECTOR RETAINS JURISDICTION, AS DESCRIBED BELOW, TO REVIEW AND AMEND ANY AND ALL PARAMETERS OF THIS RIGHT. THE BOARD, UPON RECEIVING A REQUEST, OR UPON ITS OWN INITIATIVE, MAY PETITION THE DIRECTOR FOR AN AMENDMENT TO THE RIGHT. THE PETITION MUST SET FORTH ANY SIGNIFICANT CHANGE IN CIRCUMSTANCES AND EVIDENCE OF THE PUBLIC INTEREST SUPPORTING THE PROPOSED AMENDMENT. THE DIRECTOR WILL NOTIFY THE GENERAL PUBLIC AND SPECIFIC PERSONS OR KNOWN INTERESTED PARTIES OF THE PROPOSED CHANGE, AND CONDUCT A HEARING FOR THE PURPOSE OF DETERMINING WHETHER THE RIGHT SHOULD BE AMENDED IN THE PUBLIC INTEREST. THE BURDEN OF PROOF AT THE HEARING SHALL BE UPON THE PERSONS OR PARTIES SEEKING THE AMENDMENT TO ESTABLISH THAT THE AMENDMENT OF THE RIGHT WOULD BE IN THE PUBLIC INTEREST. |
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THIS MINIMUM STREAM FLOW IS SUBORDINATE AND SUBJECT TO FUTURE APPROPRIATIONS OF WATER FROM THE SOUTH FORK AND MAIN STEM OF THE PAYETTE RIVER FOR MUNICIPAL AND DOMESTIC PURPOSES WITHIN THE MINIMUM FLOW WATERSHED. |
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DESCRIPTION OF REACHES: REACH A - BEGINNING AT THE BOUNDARY OF THE SAWTOOTH WILDERNESS AREA IN UNSURVEYED SECTION 2, T9N, R11E, TO THE CONFLUENCE OF THE DEADWOOD & SOUTH FORK PAYETTE RIVERS IN NENW, S32, T9N, R7E, BOISE CO.
REACH B - BEGINNING AT END OF REACH A TO THE UPSTREAM END OF THE OXBOW BEND, APPROXIMATELY 1056 YARDS DOWNSTREAM FROM THE CONFLUENCE OF THE DEADWOOD & SOUTH FORK PAYETTE RIVERS IN THE SWNW, S32, T9N, R7E, BOISE CO.
REACH C - BEGINNING AT THE END OF REACH B TO A POINT IN THE NESE, S31, APPROXIMATELY 200 YARDS DOWNSTREAM FROM THE SECTION LINE BETWEEN SECTION 31 AND 32, T9N, R7E, BOISE CO.
REACH D - BEGINNING AT THE END OF REACH C TO THE CONFLUENCE OF THE SOUTH FORK PAYETTE RIVER AND THE MIDDLE FORK PAYETTE RIVER IN THE NENE, S20, T9N, R4E, BOISE CO.
REACH E - BEGINNING AT THE END OF REACH D TO THE CONFLUENCE OF THE PAYETTE RIVER AND NORTH FORK PAYETTE RIVER IN THE SWSW, S28, T9N, R3E, BOISE CO. |