Priority Date : 4/4/1994
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
CARPENTER CREEK
ST MARIES RIVER
LITTLE CARPENTER CREEK
CARPENTER CREEK
UNNAMED STREAM
CARPENTER CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
UNNAMED STREAM
43N
01E
7
0
SW
NE
BENEWAH
CARPENTER CREEK
43N
01E
7
0
SE
NE
BENEWAH
CARPENTER CREEK
43N
01E
7
0
NE
SE
BENEWAH
LITTLE CARPENTER CREEK
43N
01E
7
0
NW
SE
BENEWAH
CARPENTER CREEK
43N
01E
18
0
NW
NE
BENEWAH
CARPENTER CREEK
43N
01E
18
0
SW
NE
BENEWAH
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINING
01/01
12/31
2.23 CFS
24.00 AFA
TOTAL
2.23 CFS
24.00 AFA
Places of Use
Place of Use Legal Description : MINING (BENEWAH county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
43N
01E
7
SW
NE
43N
01E
7
SE
NE
43N
01E
7
NE
SE
43N
01E
7
NW
SE
43N
01E
18
NW
NE
43N
01E
18
SW
NE
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.
09E
Water used under this right when discharged into a natural channel or subsurface system shall meet Idaho Water Quality Standards.
030
A separate stream alteration permit from the IDWR is required for any activity in the stream channel other than construction and/or maintenance of the diversion structure. If the proposed construction or operation involves construction of an outfall or any other work in the stream channel other than a water diversion, the right holder shall contact the Department and obtain a Stream Channel Alteration permit prior to the start of construction.
004
The issuance of this right in no way grants any right-of-way or easement across the land of another.
This right authorizes no more than one diversion period per washer per 30-day period, or one diversion per washer per calendar month.
The maximum duration of diversion period authorized under this right is limited to 5 hours in two weeks.
WB9
Water shall not be diverted under this right when flows in the St. Maries River are below established minimum flow amounts. The right holder shall be responsible for monitoring the daily flow of the St. Maries River near Santa using real-time data published on the internet by the U.S. Geological Survey and shall cease diverting water when flows in the St. Maries are below established minimum instream flow amounts.
Under this right, the land application of water is limited to the reclamation of land directly affected as a result of being mined and is not to exceed a total of 6 acres annually within the place of use described above for mining.
01M
After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department.
X15
A fish screen of 1/4 inch or smaller mesh shall be installed and maintained at the point of diversion.
X16
The approach velocity at the point of diversion shall not exceed 0.5 feet per second.