Water Right Owners

Water Right Status

Water Source

Points Of Diversion (Location)

Water Uses

Places of Use

Conditions

Code	Condtions
	This instream flow water right is used throughout the designated stream reach within the Hells Canyon National Recreation Area from the beginning point to the ending point as identified above.
	a. This is a federal reserved water right based on the Hells Canyon National Recreation Act, Pub.L. 94-199, 89 Stat. 1117, Dec. 31, 1975 (codified as 16 U.S.C. § 460gg). b. This Partial Decree is entered pursuant to that Stipulation among the United States, the State of Idaho, and Idaho Power Company effective date of September 1, 2003 (the "Stipulation"), and pursuant to that Stipulation this water right is subordinated to the following water rights and uses that are junior to this federal reserved water right and that have points of diversion or impoundment and places of use within the Kirkwood Creek basin upstream from the ending point, as identified in element 5 above: (1) All water rights claims filed in the Snake River Basin Adjudication (SRBA) as of the effective date of the Stipulation to the extent ultimately decreed in the SRBA. (2) All applications for permit and permits with proof of beneficial use due after November 19, 1987, on file with IDWR as of the effective date of the Stipulation, to the extent such applications for permit or permits are ultimately licensed; and all water right licenses with proof of beneficial use due after November 19, 1987, on file with IDWR as of the effective date of the Stipulation. (3) All domestic uses, which for purposes of this Partial Decree shall be defined as set forth at I.C. § 42-111(1)(a) & (b) to mean the use of water for homes, organization camps, public campgrounds, livestock and for any other purpose in connection therewith, including irrigation of up to one-half acre of land, if the total use is not in excess of thirteen-thousand (13,000) gallons per day or any other uses, if the total does not exceed a diversion rate of four one-hundreds (0.04) cubic feet per second and a diversion volume of twenty-five hundred (2,500) gallons per day, provided that this domestic use subordination is limited and defined by I.C. 42-111(2), so that the subordination shall not and does not apply to multiple ownership subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitations set forth in I.C. 42-111(1)(b) (0.04 cfs/2,500 gpd), and by I.C. 42-111(3), so that the subordination shall not and does not apply to multiple water rights for domestic uses which satisfy a single combined water use that would not itself come within the above definition of domestic use. (4) All de minimus stockwater uses, which for the purposes of this Partial Decree shall be defined as set forth at I.C. § 42-1401 A(11) to mean the use of water solely for livestock or wildlife where the total diversion is not in excess of of thirteen-thousand (13,000) gallons per day. This de minimus stockwater use subordination is limited and defined by I.C. § 42-111(3), so that the subordination shall not and does not apply to multiple water rights for stockwater uses which satisfy a single combined water use that would not itself come within the above definition of st
	This instream flow water right is non-consumptive (other than evaporation and evapotranspiration which may take place within the designated segment).
	To fulfill the purposes of the Hells Canyon National Recreation Act, Pub.L. 94-199, 89 Stat. 1117, Dec. 31, 1975 (codified as 16 U.S.C. § 460gg).
	There is no diversion associated with this instream flow water right. The legal description of the beginning and ending points of the instream flow water right are as follows: Beginning point: Described above. Ending point: Described as above.
	c. The administrative provisions of paragraph 3 of the Stipulation are incorporated herein by reference. d. These additional provisions contained in element 10 do not fall within the other elements listed above and are necessary to: (1) define the unique characteristics of these federal reserved water rights; and (2) describe the rights and uses to which these federal reserved water rights are subordinated in order to provide for proper administration of these water rights and other existing and future water rights.
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.
	(5) (A) Water rights other than those described in paragraphs (3) and (4) above claimed or applied for after the effective date of the Stipulation with a total combined diversion of 0.10 cfs, for any purpose. This subordinated amount does not include storage, other than incidental storage, which is defined as storage of not more than a 24-hour water supply for any beneficial use. (B) Water rights of the United States, instream flow water rights, nonconsumptive water rights and replacement water rights shall not be deducted from the subordination amounts identified in this paragraph (5) for future rights. Nonconsumptive water rights mean all beneficial uses of water having these characteristics: i) the use involves no diversion from the designated stream reach within the Hells Canyon National Recreation Area as identified in this Partial Decree; ii) all return flows from the use accrue to the designated stream reach; and iii) the use does not cause a depletion or a change in timing of the flow (other than incidental evaporation or seepage) as determined at the point(s) of return, whether or not the depletion or change in timing can be measured within the designated reach. Examples of such uses include: i) run-of-the-river hydroelectric facilities; ii) fish propagation uses; and iii) other similar uses. Replacement water rights mean all irrigation appropriations issued for the same purpose of use and place of use covered by an existing water right with no increase in period of use, diversion rate, and, if applicable, volume of water. To be considered a replacement water right: i) no element of the new appropriation may exceed that of the original water right; ii) only the original or the replacement water right or part of each water right may be used at the same time; and iii) the replacement water right cannot be used when water would not be legally and physically available under the original water right.
	a. This water is for the following flows in cubic feet per second for each month: b. The quantification site for the flows identified above is near the mouth of Kirkwood Creek located in Lot 1 (NE1/4NE1/4), Sec. 30, T26N, R1W, Boise Meridian. c. This water right precludes any diversion of water out of the watershed of Kirkwood Creek upstream from the ending point, except for transfers of points of diversion from above the ending point to below the ending point.