2005 Idaho Code - 42-1507 — SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER RIGHTS ESTABLISHED

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 15
                             MINIMUM STREAM FLOW
    42-1507.  SNAKE RIVER WATER RIGHTS AGREEMENT MINIMUM STREAM FLOW WATER
RIGHTS ESTABLISHED. (1) The legislature hereby establishes minimum stream flow
water rights for the stream reaches identified by resolution of the Idaho
water resource board, adopted February 8, 2005. The elements of the minimum
stream flow water rights established by this section are as defined by the
board's resolution and the attachments thereto. The board shall hold the
minimum stream flow water rights in trust for the people of the state of
Idaho, and the board shall file claims for the rights in the Snake river basin
adjudication. These minimum stream flow water rights shall have a priority
date as of April 1, 2005, and shall be subordinated to future domestic,
commercial, municipal, and industrial water uses and such other future uses as
described in the December 17, 2004, resolution of the Idaho water resource
board providing approval of the Snake River Water Rights Agreement of 2004
("Mediator's Term Sheet" dated April 20, 2004, and submitted on that date to
the SRBA Court in SRBA Consolidated Subcase 03-10022 and SRBA Consolidated
Subcase 67-13701, with all appendices to the document), as approved, ratified,
and confirmed by the 108th Congress of the United States in the "Snake River
Water Rights Act of 2004," Pub. L. No. 108-447 (H.R. 4818), 118 Stat. 3431 to
3441 (December 8, 2004).
    (2)  No fee shall be required in connection with the filing of claims in
the Snake river basin adjudication for the minimum stream flow water rights
established by this section.
    (3)  Any minimum stream flow water rights established by this section that
are not capable of being maintained may be satisfied and maintained through
operation of the water supply bank authorized by sections 42-1761 through
42-1765, Idaho Code, inclusive, and other available methods consistent with
Idaho law.
    (4)  In the event the state decides to change any minimum stream flow
water rights created by this section, it will provide notice of such change
and consult with the Nez Perce tribe on a government-to-government basis as
provided in the Snake River Water Rights Agreement of 2004. Provided however,
nothing herein or in the Snake River Water Rights Agreement of 2004 shall be
construed or interpreted to abridge, impair or limit the authority of the
state of Idaho to create, modify or terminate any minimum stream flow water
right established by this section.
    (5)  This section shall not become effective until the governor issues a
proclamation certifying that all conditions for the effectiveness of the Snake
River Water Rights Agreement of 2004 have been satisfied.