IDAHO WATER RESOURCE BOARD
CYNTHIA BRIDGE CLARK
PO BOX 83720
BOISE
ID
83720-0098
Water Right Status
Priority Date : 6/15/1992
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
COEUR D ALENE RIVER
COEUR D ALENE LAKE
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
COEUR D ALENE RIVER
Ending of Stream Flow
48N
04W
36
0
SW
NW
KOOTENAI
COEUR D ALENE RIVER
Beginning of Stream Flow
49N
02E
31
0
NE
NW
SHOSHONE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
11/01
6/30
1018.00 CFS
MINIMUM STREAM FLOW
7/01
10/31
413.00 CFS
TOTAL
1018.00 CFS
Places of Use
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.
027
Use of water under this right shall be non-consumptive.
This minimum stream flow begins at the confluence of the Coeur d Alene River and the South Fork Coeur d Alene River in the T49N, R02E, S31, NENW, Shoshone County and extends downstream approximately 35 miles to the mouth of the Coeur d Alene River in T48N, R04W, S36, Lots 3 and 4 (SWNW), Kootenai County.
This minimum streamflow shall be subject to future municipal and domestic development from the Coeur d Alene River and its tributaries for use in the basin within and upstream of the minimum streamflow reach. The minimum streamflow will not be subject to water rights established in the future for irrigation uses or other large consumptive purposes even though covered under a municipal or domestic use definition.
The ending point of diversion for this right is T48N, R04W, S36, Lots 3 and 4 (SWNW), Kootenai County.
Specifically because of the generalization of the Tennant method, the Director retains jurisdiction, as described below, 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.
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 Chapter 2, Title 42, Idaho Code, with a priority of water right date earlier than 06/15/1992.
Upon further finding and order of the Director that gauging stations are required to maintain the approved minimum flows on Coeur d'Alene River, such measuring devices shall be permanently installed and maintained as specified by the Director.
This minimum stream flow is for the protection of fish and wildlife habitat, aquatic life and recreational values.