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Condtions |
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a. Stream flows at the St. Joe River above North Fork of the St. Joe River quantification site:
(1) When the stream flow at the St. Joe River above North Fork quantification site, as identified in Section 3.a. (3) below (“St. Joe above North Fork quantification site”), is less than 6,220 cfs, the United States is entitled to the following flows: (See PURPOSE AND PERIOD OF USE)
(2) When the stream flow at the St. Joe above North Fork quantification site is greater than or equal to 6,220 cfs (as adjusted by upstream junior depletions), the United States is entitled to all flows up to 20,300 cfs.
(3) The quantification site for the flows identified above at the St. Joe above North Fork quantification site is the St. Joe River immediately above its confluence with the North Fork of the St. Joe River, located in Lots 5 & 6 (NW1/4NW1/4), Sec. 14, T45N, R5E, Boise Meridian; Latitude N 47º 15' 03", Longitude W 115º 47' 51" (NAD 83).
b. This water right does not prohibit the appropriation, diversion and use of water within the St. Joe River basin upstream from the ending point, as identified in element 5.b below (“St. Joe Wild and Scenic River Basin”) when the stream flow at the St. Joe above North Fork quantification site exceeds the flow amount in Section 3.a.(1) and is less than 6,220 cfs, or when the stream flow at the St. Joe above North Fork quantification site exceeds 20,300 cfs.
c. This water right precludes any diversion of water out of the watershed of the St. Joe River Wild and Scenic River Basin. |
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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:
a. Location of beginning point:
Origin of St. Joe River at St. Joe Lake:
Lot 3 (NE 1/4NW1/4), Sec. 4, T42N, R11E, Boise Meridian.
Latitude N 47º 01' 7", Longitude W 115º 04' 58" (NAD 83).
b. Location of ending point:
Confluence of the St. Joe River with the North Fork of the St. Joe River:
Lots 5 & 6 (NW1/4NW1/4), Sec. 14, T45N, R5E, Boise Meridian.
Latitude N 47º 15' 3", Longitude W 115º 47' 51" (NAD 83).
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To fulfill the purposes of the Wild and Scenic Rivers Act, Pub. L. 90-542, 82 Stat. 906, Oct. 2, 1968 (codified as amended at 16 U.S.C. §§ 1271, et seq.), and the National Parks and Recreation Act, Pub. L. 95-625m, 92 Stat. 3467, Nov. 10, 1978 (codified at 16 U.S.C. § 1274(a)(23)). |
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This instream flow water right is non-consumptive (other than evaporation and evapotranspiration that may take place within the designated segment). |
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a. This is a federal reserved water right established pursuant to the Wild and Scenic Rivers Act, Pub. L. 90 542, 82 Stat. 906, Oct. 2, 1968 (codified as amended at 16 U.S.C. §§ 1271, et seq.), and the National Parks and Recreation Act, Pub. L. 95-625m, 92 Stat. 3467, Nov. 10, 1978 (codified as amended at 16 U.S.C. § 1274(a)(23)).
b. This Partial Decree is subject to the October 31, 2015 Stipulation between the United States, objectors State of Idaho (“State”), Northwest Property Owners Alliance, Benewah County Board of Commissioners, Potlatch Forest Holdings, Inc., Potlatch Land & Lumber, LLC, Potlatch TRS Idaho, LLC, Alpine Meadows Water and Sewer District, North Kootenai Water and Sewer District (aka North Kootenai Water District), Hauser Lake Water Association, Inc., Coeur d’Alene Lakeshore Property Owners Association, Jamestown Forestlands, LLC, Cherry Tree Timber, LLC, Jackson Timberland Opportunities-Tristar, LLC, Carmona Tristar, LLC, Hancock Timberland X, Inc. and associated Hancock entities, Boston Timber Opportunities, LLC, Golden Pond Timberlands, Inc., Hancock Timberland XI, Inc., John Hancock Life Insurance Company (U.S.A.), John Hancock Life Insurance Company – Account 72 (U.S.A.), SFG HCK Timber Partnership, L.P., System Global Timberlands, LLC, and respondents North Idaho Water Rights Alliance, and Hagadone Hospitality Co. (“2015 Stipulation”). Pursuant to the terms of the 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 St. Joe Wild and Scenic River Basin:
(1) All water right claims filed in the Coeur d Alene-Spokane River Basin Adjudication (“CSRBA”) as of the effective date of the 2015 Stipulation, to the extent ultimately decreed in the CSRBA.
(2) All applications for permit and permits with proof of beneficial use due after November 12, 2008, on file with IDWR as of the effective date of the 2015 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 12, 2008 on file with IDWR as of the effective date of the 2015 Stipulation. |
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(3) All “de minimis domestic rights,” which for the purposes of this Partial Decree shall be defined to mean (a) 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 (b) any other uses, if the total does not exceed a diversion rate of four one hundredths (0.04) cubic feet per second and a diversion volume of twenty five hundred (2,500) gallons per day. This subordination to de minimis domestic water rights does not apply to domestic purposes or domestic uses for subdivisions, mobile home parks, or commercial or business establishments, unless the use meets the diversion rate and volume limitations set forth in (b) above. This subordination to de minimis domestic purposes or domestic uses does not apply to multiple water rights for domestic uses or domestic purposes that satisfy a single combined water use or purpose that would not itself come within the definitions above. For purposes of this Partial Decree “subdivision” is defined as set forth in Shoshone County Subdivision Ordinance No. 139, Section 10-2-2, adopted December 22, 2009, which is attached to the 2015 Stipulation, and which is incorporated herein by reference.
(4) All “de minimis stock water rights,” which for the purposes of this Partial Decree shall be defined to mean the use of water solely for livestock or wildlife where the total diversion is not in excess of thirteen thousand (13,000) gallons per day. This de minimis stock water use subordination is further limited and defined so that the subordination shall not and does not apply to multiple water rights for stock water uses which satisfy a single combined water use that would not itself come within the above definition of stock water use.
(5) Water appropriated or to be appropriated for mining purposes on private lands, up to a total combined diversion of 5.0 cfs, provided that the rate of diversion shall never exceed twenty-five (25) percent of the rate of flow then available in the stream at the point of diversion. This subordination provision does not include storage, other than incidental storage, which is defined as storage of not more than a 24 hour water supply for mining use. |
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(6) Use of water to carry out forest practices and for forest dust abatement, up to a total annual volume of two-tenths (0.2) acre-feet per square-mile (640 acres) on state and private forest land within the St. Joe Wild and Scenic River Basin, provided that the rate of diversion shall never exceed twenty-five (25) percent of the rate of flow then available in the stream at the point of diversion. “Forest practices” includes (a) the harvesting of forest tree species; (b) road construction associated with harvesting of forest tree species; (c) reforestation; (d) use of chemicals or fertilizers for the purpose of growing or managing forest tree species; (e) the management of slashings resulting from harvest, management or improvement of forest tree species; or (f) the prompt salvage of dead or dying timber or timber that is threatened by insects, disease, windthrow, fire or extremes of weather. “Forest land” means state and private land growing forest tree species which are, or could be at maturity, capable of furnishing raw material used in the manufacture of lumber or other forest products. The term “forest land” includes state and private land from which forest tree species have been removed but have not yet been restocked, but it does not include land affirmatively converted to uses other than the growing of forest tree species.
c. This water right does not prohibit the use of water by the owners of private lands in the St. Joe Wild and Scenic River Basin, and all successors thereto, for “non-consumptive, run-of-the-river” hydropower purposes as defined in paragraph 4 of the 2015 Stipulation.
d. The provisions of the 2015 Stipulation are incorporated herein by reference.
e. 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. |
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This instream flow water right is used throughout the designated St. Joe Wild and Scenic River from the beginning point to the ending point as identified above. |