IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 2/10/1989
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
ELK CREEK
CLEARWATER RIVER
NORTH FORK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
ELK CREEK
Beginning of Stream Flow
39N
02E
11
0
NW
NW
NE
CLEARWATER
ELK CREEK
Ending of Stream Flow
39N
02E
14
0
NW
SW
NE
CLEARWATER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
03/01
06/30
120.00 CFS
MINIMUM STREAM FLOW
07/01
02/29
40.00 CFS
TOTAL
120.00 CFS
Places of Use
Place of Use Legal Description : MINIMUM STREAM FLOW (CLEARWATER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
39N
02E
11
NW
NE
39N
02E
11
SW
NE
39N
02E
11
NE
NW
39N
02E
11
SE
NW
39N
02E
11
NE
SW
39N
02E
11
NW
SW
39N
02E
11
SE
SW
39N
02E
14
SW
NE
39N
02E
14
NE
NW
39N
02E
14
SE
NW
Conditions
Code
Condtions
The place of use of the minimum stream flow water right is stream reach from the beginning point to the ending point identified above.
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.
091
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 the date of priority of this right.
027
Use of water under this right shall be non-consumptive.
092
Upon the future finding and order of the director that gauging stations are required to maintain the approved minimum stream flow, the right holder shall permanently install and maintain gauging stations as specified by the department.
The purpose of this minimum stream flow is to preserve scenic and recreational purposes, and to provide flushing flows for recruitment of spawning gravels and sediment removal for fish habitat needs.
This minimum stream flow begins at the north section line in the NW1/4NW1/4NE1/4 of Section 11, Twp 39N, Rge 02E, B.M., and ends at the confluence of Deep Creek with Elk Creek in the NW¼ SW¼ NE¼ of Section 14, Twp 39N, Rge 02E, B.M., Clearwater County.
112
The Idaho Water Resource 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 water 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.