2005 Idaho Code - 42-1506 — LEMHI RIVER -- MINIMUM STREAM FLOW APPROPRIATION

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 15
                             MINIMUM STREAM FLOW
    42-1506.  LEMHI RIVER -- MINIMUM STREAM FLOW APPROPRIATION. (1) The water
resource board is hereby authorized and directed to appropriate and hold in
trust for the people of the state of Idaho a minimum stream flow water right
in a designated reach of the Lemhi river in accordance with the provisions of
this section. The minimum stream flow appropriation in the designated reach
shall be in the amount of thirty-five (35) cfs from January 1 through December
31, provided that fifteen (15) cfs of the appropriation shall be subordinated
to all diversions, including high waters or flood waters, authorized under the
Lemhi river basin decree (Lemhi County Case No. 4948). The designated reach
begins at water diversion L-6 located on the Lemhi river in the southeast
quarter (1/4) of section twenty-four (24), township twenty-one (21) north,
range twenty-two (22) east of the Boise meridian, and ends at the confluence
of the Lemhi river with the Salmon river near the southwest corner of section
thirty-two (32), township twenty-two (22) north, range twenty-two (22) east of
the Boise meridian, Lemhi county.
    (2)  The water resource board shall appropriate the minimum stream flow
water right authorized under this section in accordance with the provisions of
section 42-1503, Idaho Code. In acting upon the application for permit, the
director of the department of water resources need not determine that the
appropriation is capable of being maintained based upon records of existing
stream flows because it is anticipated that the water right will be maintained
through operation of the water supply bank within the Lemhi river basin
consistent with the provisions of section 42-1765A, Idaho Code.
    (3)  Upon the board's filing of an application for permit to appropriate
water as directed by this section, the director of the department of water
resources is authorized and directed, on an interim basis pending final action
on the application for permit, to distribute water under the filing in
accordance with the doctrine of prior appropriation using a priority date as
of the filing of the application for permit.