IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 12/17/1987
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
PAYETTE RIVER
NORTH FORK
PAYETTE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
PAYETTE RIVER
Ending of Stream Flow
11N
03E
10
4
SW
NE
VALLEY
PAYETTE RIVER
Beginning of Stream Flow
13N
04E
31
11
NE
SW
VALLEY
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
06/18
10/12
1400.00 CFS
MINIMUM STREAM FLOW
10/13
03/15
106.00 CFS
MINIMUM STREAM FLOW
03/16
06/17
500.00 CFS
TOTAL
1400.00 CFS
Places of Use
Conditions
Code
Condtions
THIS MINIMUM STREAM FLOW IS SUBJECT AND SUBORDINATE TO FUTURE APPROPRIATIONS OF WATER FROM THE NORTH FORK OF THE PAYETTE RIVER AND ITS TRIBUTARIES FOR MUNICIPAL AND DOMESTIC PURPOSES WITHIN THE MINIMUM STREAM FLOW WATERSHED.
THIS MINIMUM STREAM FLOW BEGINS AT A POINT WHERE THE CABARTON ROAD BRIDGE CROSSES THE NORTH FORK OF THE PAYETTE RIVER IN LOT 11 (NESW), S31, T13N, R4E AND ENDS APPROXIMATELY 10 (TEN) MILES DOWNSTREAM AT THE POINT WHERE THE SMITHS FERRY BRIDGE CROSSES THE NORTH FORK OF THE PAYETTE RIVER IN LOT 4 (SWNE), S10, T11N, R3E.
THIS MINIMUM STREAM FLOW IS FOR RECREATION AND AESTHETIC USES AND FISH HABITAT MAINTENANCE.
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.
UPON A FUTURE FINDING AND ORDER OF THE DIRECTOR THAT GAUGING STATIONS ARE REQUIRED TO MAINTAIN THE APPROVED MINIMUM FLOWS ON THE NORTH FORK OF THE PAYETTE RIVER, SUCH MEASURING DEVICES SHALL BE PERMANENTLY INSTALLED AND MAINTAINED AS SPECIFIED BY THE DIRECTOR.
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.