IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 5/1/1989
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
09N
03E
28
11
SW
SW
BOISE
PAYETTE RIVER
Beginning of Stream Flow
11N
03E
10
4
SW
NE
VALLEY
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
9/02
4/30
400.00 CFS
TOTAL
400.00 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 FLOW WATERSHED.
THIS MINIMUM STREAM FLOW BEGINS AT A POINT WHERE THE SMITHS FERRY BRIDGE CROSSES THE NORTH FORK OF THE PAYETTE RIVER IN LOT 4 (SWNE), S10, T11N, R3E, AND ENDS AT THE CONFLUENCE WITH THE PAYETTE RIVER IN THE LOT 11 (SWSW), S28, T9N, R3E.
THIS MINIMUM STREAM FLOW IS FOR RECREATION AND AESTHETIC USES, FISHERY MAINTENANCE, SPAWNING AND EGG INCUBATION.
THIS RIGHT SHOULD NOT BE USED AS A BASIS FOR ACQUIRING STORAGE WATER FROM CASCADE RESERVOIR TO ENHANCE MINIMUM STREAM FLOWS.
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.