Priority Date : 11/9/1990
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
EAST RIVER
NORTH FORK
EAST RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
EAST RIVER
Ending of Stream Flow
58N
04W
23
0
NE
NW
BONNER
EAST RIVER
Beginning of Stream Flow
59N
03W
10
0
SE
SE
BONNER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
MINIMUM STREAM FLOW
7/01
3/31
18.00 CFS
MINIMUM STREAM FLOW
4/01
6/30
70.00 CFS
TOTAL
70.00 CFS
Places of Use
Conditions
Code
Condtions
The purpose of this instream flow is for the protection of fish and wildlife habitat.
027
Use of water under this right shall be non-consumptive.
092
Upon further finding and order of the director that gaging stations are required to maintain the approved minimum flows on East River, North Fork and its tributaries, such measuring devices shall be permanently installed and maintained as specified by the Department.
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.
152
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 after complying with the notice and consultation procedures of Idaho Code § 42-1507(4). 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.
This minimum stream flow is for the entire length of the North Fork of East River from its headwaters in the SESE, S10, T59N, R3W, downstream approximately 9.25 miles to its confluence with the Middle Fork of East River in the NENW, S23, T58N, R4W.
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. Idaho Code § 42-1412(6).