Priority Date : 5/7/2009
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
KIRBY CREEK
PACK RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
KIRBY CREEK
57N
01E
8
0
NE
NW
BONNER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
POWER
11/01
06/30
1.45 CFS
572.00 AFA
POWER
07/01
10/31
0.33 CFS
80.50 AFA
FIRE PROTECTION
01/01
12/31
1.00 CFS
TOTAL
1.80 CFS
Places of Use
Place of Use Legal Description : POWER (BONNER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
57N
01E
8
NE
NW
Place of Use Legal Description : FIRE PROTECTION (BONNER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
57N
01E
8
NE
NW
Conditions
Code
Condtions
077
Water shall not be diverted for fire protection use under this right except to fight or repel an existing fire.
025
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
R23
The water right confirmed in this license for hydropower purposes shall be junior and subordinate to all rights to the use of water, other than hydropower, within the State of Idaho that are initiated later in time than the priority of this license and shall not give rise to any right or claim against any future rights to the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this license.
916
The term of this water right license shall extend to December 31, 2043. Prior to the expiration of the term, the Director may issue an order canceling all or any part of the use authorized herein, may establish a new term, or may revise, delete, or add conditions under which the water right license may be exercised. The order shall take effect on the date the current term expires. If the Director does not issue such an order, the term shall automatically extend to a length equal to the project's prior term and any prior conditions on the water right license shall remain in effect.
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.
027
Use of water under this right for power generation purposes shall be non-consumptive.
X15
A fish screen of 1/4 inch or smaller mesh shall be maintained at the point of diversion.
Water shall not be diverted under this right for power use when flows in Kirby Creek are below 0.17 cfs.
The maximum annual volume for the power use authorized under this right shall not exceed 572 acre-feet.