FOR THE BENEFIT OF THE NEZ PERCE TRIBE ACTING THROUGH BIA
911 NE 11TH AVE
PORTLAND
OR
97232
Water Right Status
Priority Date : 4/11/1855
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
BARTON SPRING
SINKS
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
BARTON SPRING
24N
01W
32
0
NW
NW
IDAHO
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
FEDERAL RESERVED USE
01/01
12/31
TOTAL
Places of Use
Place of Use Legal Description : FEDERAL RESERVED USE (IDAHO county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
24N
01W
32
NW
NW
Conditions
Code
Condtions
Time immermorial.
Up to one-half of the natural flow.
Human consumption, livestock watering, wildlife watering, cultural, and ceremonial purposes.
a. This water right is held by the United States as trustee for the benefit of the Nez Perce Tribe pursuant to the terms of Article 8 of the Nez Perce Treaty of June 9, 1863, 14 Stat. 647, which provides that the subject spring is held by the United States as a 'watering place[] for the use in common by both whites and Indians.' This water right is a reserved right under federal law and is not subject to loss for nonuse.
b. Qauntification of this water right as up to one-half of natural flow quantifies the diversion amount only and does not imply a flow maintenance right.
c. This water right does not include the right to divert water away from the immediate vicinity of the spring.
d. The source spring for this water right is located on federal land. This water right shall not be used as the basis to preclude the federal land management agency from managing federal land in the vicinity of the spring or from permitting use of any water right that the land management agency may have for use of this source; provided that no such management or water use shall preclude or interfere with the Tribe's exercise of this water right.
e. This water right shall not be implied to prohibit the issuance or confirmation of state-based water rights from this same water source, provided that no such water right shall preclude or interfere with the exercise of this water right.