Water Right Owners

Water Right Status

Water Source

Points Of Diversion (Location)

Water Uses

Places of Use

Place of Use Legal Description : MINIMUM STREAM FLOW (IDAHO county)

Conditions

Code	Condtions
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.
	This minimum stream flow begins at the confluence of the Lochsa River and Selway River in the SWNWSW, S4, T32N, R7E, and ends approximately 23 miles downstream at the confluence with the South Fork Clearwater River in the SWNE, S5, T32N, R4E.
	Use of water under this right shall recognize and allow the continued beneficial diversion of water under any prior existing water right established by diversion and application to beneficial use or by an application, permit, or license on file or issued by the director under the provisions of Chapter 2, Title 42, Idaho Code, with a priority of water right date earlier than 7/30/1992. This minimum stream flow shall be subject to future domestic and stockwater development from the Middle Fork Clearwater River and its tributaries including groundwater for use within the Middle Fork Clearwater River Basin where such domestic use is within the limitations of Section 42-111, Idaho Code.
	This minimum stream flow is for the protection of fish and wildlife habitat, aquatic life, and recreational values.
	The place of use of the minimum stream flow is within the reach between the points of diversion described above.
	Upon further finding and order of the director that gauging stations are required to maintain the approved minimum flows on Middle Fork Clearwater River, such measuring devices shall be permanently installed and maintained as specified by the director. Approval of this minimum flow shall not prevent approval of applications for consumptive uses from groundwater if the wells are located and constructed to prevent an immediate impact on the river, as determined by the director.
	Specifically, because of the generalization inherent within the application of the Tennant method, the director retains jurisdiction, as described herein, 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. An amendment cannot increase the flow rate.
027	Use of water under this right shall be non-consumptive.