IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 5/16/1989
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
PAYETTE RIVER
SOUTH 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
07E
31
0
NE
SE
BOISE
PAYETTE RIVER
Beginning of Stream Flow
09N
07E
32
0
SW
NW
BOISE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
4/15
8/31
763.00 CFS
TOTAL
763.00 CFS
Places of Use
Conditions
Code
Condtions
RATE OF DIVERSION IS MORE FULLY DESCRIBED AS 763 CFS MONDAY THROUGH THURSDAY, AND 700 CFS FRIDAY THROUGH SUNDAY.
THIS MINIMUM STREAM FLOW IS SUBJECT AND SUBORDINATE TO FUTURE APPROPRIATIONS OF WATER FROM THE SOUTH FORK OF THE PAYETTE RIVER AND ITS TRIBUTARIES FOR MUNICIPAL AND DOMESTIC PURPOSES WITHIN THE MINIMUM FLOW WATERSHED.
THIS MINIMUM STREAM FLOW IS FOR RECREATION AND AESTHETIC PURPOSES AND AQUATIC HABITAT.
THIS MINIMUM STREAM FLOW BEGINS AT THE UPSTREAM END OF THE OXBOW BEND IN THE SWNW, S32, T9N, R7E, APPROXIMATELY 1,056 YARDS DOWNSTREAM FROM THE CONFLUENCE OF THE DEADWOOD AND SOUTH FORK PAYETTE RIVERS, EXTENDING DOWNSTREAM THROUGH THE OXBOW TO A POINT IN THE NESE, S31, T9N, R7E, APPROXIMATELY 200 YARDS DOWNSTREAM FROM THE SECTION LINE BETWEEN SECTIONS 31 AND 32.
UPON A FUTURE FINDING AND ORDER OF THE DIRECTOR THAT GAUGING STATIONS ARE REQUIRED TO MAINTAIN THE APPROVED MINIMUM FLOWS ON THE SOUTH 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.
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.