Water Right Report : 98-7612( License/Active)

Water Right Owners

Owner Type Name Address City State Postal Code
Current Owner SMITH CREEK HYDRO LLC 1800 JAMES ST STE 201 BELLINGHAM WA 98225-4631
Original Owner IDAHO NATURAL ENERGY INC 699 E S TEMPLE #220 SALT LAKE CITY UT 84102
Previous Owner CITY OF EUGENE EUGENE WATER & ELECTRIC BRD 500 E 4TH AVE EUGENE OR 97440

Water Right Status

Priority Date : 4/12/1985
Basis : License
Status : Active

Water Source

Source Source Qualifier Tributary Tributary Qualifier
SMITH CREEK KOOTENAI RIVER

Points Of Diversion (Location)

Source Township Range Section Govt. Lot QQQ QQ Q County Diversion Type
SMITH CREEK 64N 03W 1 0 SE NE BOUNDARY

Water Uses

Beneficial Use From To Diversion Rate Volume
POWER 1/01 12/31 300.00 CFS 216810.00 AFA
TOTAL 300.00 CFS 216810.00 AFA

Places of Use

Place of Use Legal Description : POWER (BOUNDARY county)
Township Range Section Lot QQQ QQ Q Acres
65N 02W 26 NW NE

Conditions

Code Condtions
R22 The rights for the use of water confirmed in this license shall be junior and subordinate to all rights for the use of water other than hydropower, within the State of Idaho that are initiated later in time than the priority of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right.
081 Use of water under this approval shall comply with applicable water quality standards of the Division of Environmental Quality of the Idaho Department of Health and Welfare.
The Director retains jurisdiction of this right to require continuous measurement & recording of the bypass flow rate and periodic reporting of the measurements to the department. Water used under this right shall be discharged into the natural channel upstream from Smith Creek Falls. A minimum flow of 27 cfs, measured immediately below the point of diversion, shall be left in the natural channel of Smith Creek at all times that the hydropower project is operating. All water shall be left in the natural channel of Smith Creek at any time the hydropower project is not operating. The Director retains jurisdiction to revise the bypass flow for maintenance of fish, wildlife, riparian and aquatic habitat. The diversion and use of water for hydropower purposes under this license is subject to review by the Director after the date of expiration of license 8436-001 issued by the Federal Energy Regulatory Commission. Upon appropriate findings relative to the interest of the public, the Director may cancel all or any part of the use authorized herein and may revise, delete or add conditions under which the right may be exercised.
027 Use of water under this right shall be non-consumptive.
025 This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required.
Dates
  • Licensed Date : 11/30/1998
  • Decreed Date :
  • Permit Proof Due Date : 2/1/1993
  • Permit Proof Made Date : 6/18/1991
  • Permit Approved Date : 3/15/1988
  • Permit Moratorium Expiration Date :
  • Enlargment Use Priority Date :
  • Enlargement Statute Priority Date :
  • Application Recevied Date: 4/12/1985
  • Protest Deadline Date:
Other Information
  • State or Federal :
  • Water District Number : NWD
  • Generic Max Rate Per Acre : 0
  • Generic Max Volume Per Acre : 0
  • Civil Case Number :
  • Decree Plantiff :
  • Decree Defendant :
  • Swan Falls Trust or Nontrust :
  • Swan Falls Dismissed :
  • DLE Act Number :
  • Cary Act Number :
  • Mitigation Plan: False

IDAHO DEPARTMENT OF WATER RESOURCES

10/14/2026