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
SPOKANE RIVER
COLUMBIA RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
SPOKANE RIVER
Beginning of Stream Flow
50N
05W
4
0
SW
NE
KOOTENAI
SPOKANE RIVER
Ending of Stream Flow
50N
06W
12
0
SW
NW
KOOTENAI
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
11/01
6/30
2495.00 CFS
MINIMUM STREAM FLOW
7/01
10/31
951.00 CFS
TOTAL
2495.00 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.
The reach of the Spokane River for which the minimum flows are established is as follows: Spokane River, commencing at a point downstream from the Post Falls Dam at which the overflow channels converge with the main channel below the dam in T50N, R05W, S04, SWNE, and extending downstream to the Idaho-Washington state line in T50N, R06W, S12, SWNW, Kootenai County, a reach of approximately five miles.
027
Use of water under this right shall be non-consumptive.
Minimum flows established for the Spokane River in this reach shall serve to protect water released from Post Falls Dam as it flows through this reach at rates up to the established minimum flow, but shall not directly or indirectly cause any change in operation of Post Falls Dam.
This minimum streamflow shall be subject to future municipal and domestic development from the Spokane River and its tributaries for the 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.
112
The Idaho Water Resource Board, upon receiving a request, or upon its own initiative, may petition the Director for an amendment to this water 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 notify 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 person or parties seeking the amendment to establish that the amendment of this water right would be in the public interest.
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, by court decree, or by a permit or license issued by the director under the provisions of Chapter 2, Title 42, Idaho Code, with a priority date earlier than the priority date of this right.
092
Upon further finding and order of the director that gaging stations are required to maintain the approved minimum flows under this right, 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.