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SCR145.........................................by RESOURCES AND ENVIRONMENT
MINIMUM STREAMFLOW - Approving an application of the Idaho Water Resource
Board to appropriate water for a minimum streamflow on the North Fork
Payette River tributary to Big Payette Lake and the Payette River.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Res/Env
SCR145
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 145
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 A CONCURRENT RESOLUTION
2 APPROVING AN APPLICATION OF THE IDAHO WATER RESOURCE BOARD TO APPROPRIATE
3 WATER FOR A MINIMUM STREAMFLOW ON THE NORTH FORK PAYETTE RIVER TRIBUTARY
4 TO BIG PAYETTE LAKE AND THE PAYETTE RIVER.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the Idaho Water Resource Board may apply for a permit to appro-
7 priate unappropriated waters of any stream to establish a minimum streamflow;
8 and
9 WHEREAS, under the provisions of Section 42-1503, Idaho Code, an approved
10 application shall not become finally effective until affirmatively acted upon
11 by the Legislature, except that if the Legislature fails to act before the end
12 of the regular session to which the application was submitted, the application
13 shall be considered approved; and
14 WHEREAS, on November 23, 1999, a hearing officer appointed by the director
15 of the Department of Water Resources entered Findings of Fact, Conclusions of
16 Law and a Preliminary Order approving the application for minimum streamflow
17 described in this resolution. There were no objections to the order. There-
18 fore, the preliminary order has become a final order of the director without
19 further department action.
20 WHEREAS, the application for minimum streamflow provides the following
21 information:
22 Application for Permit No.: 65-13984
23 Source: North Fork Payette River tributary to Big Payette Lake and the
24 Payette River.
25 Reach description:
26 Beginning at Upper Payette Lake dam and extending downstream a total
27 of 6.8 miles to the Box Creek confluence, all located within Valley
28 County and comprised of the following subreaches:
29 Subreach A:
30 Beginning at Upper Payette Lake dam in the SE1/4NE1/4SE1/4 Sec-
31 tion 36, T21N, R3E, B.M., and extending downstream 1 mile to the
32 Pearl Creek confluence located in the SW1/4SW1/4NE1/4 Section 1,
33 T20N, R3E, B.M.
34 Subreach B:
35 Beginning at the Pearl Creek confluence described above and
36 extending downstream 2.8 miles to the Brush Creek confluence
37 located in the SE1/4NW1/4NE1/4 Section 23, T20N, R3E, B.M.
38 Subreach C:
39 Beginning at the Brush Creek confluence described above and
40 extending downstream 1.8 miles to the Fisher Creek confluence
41 located in the NW1/4SE1/4SW1/4 Section 26, T20N, R3E, B.M.
42 Subreach D:
43 Beginning at the Fisher Creek confluence described above and
44 extending downstream 1.2 miles to the Box Creek confluence
2
1 located in the NW1/4SE1/4SW1/4 Section 35, T20N, R3E, B.M.
2 Amount:
3 Subreach A: 35 cfs from July 1 to September 7.
4 Subreach B: 40 cfs from July 1 to September 7.
5 Subreach C: 48 cfs from July 1 to September 7.
6 Subreach D: 60 cfs from July 1 to September 7.
7 Use: To protect fish habitat including adequate flow for kokanee spawn-
8 ing, aquatic life in the stream reach and the water quality in Big Payette
9 Lake.
10 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
11 sion of the Fifty-fifth Idaho Legislature, the Senate and the House of Repre-
12 sentatives concurring therein, that the application for minimum streamflow on
13 the North Fork Payette River as described in this resolution is approved sub-
14 ject to the conditions and limitations contained in the Findings of Fact, Con-
15 clusions of Law and Preliminary Order issued on November 23, 1999, and
16 accepted as a final order by the director.
STATEMENT OF PURPOSE
RS 09673
The proposed legislation approves the application for minimum
streamflow on the North Fork Payette River subject to the Findings of Fact,
Conclusions of Law and Preliminary Order issued on November 23, 1999 by the
director of the Department of Water Resources.
FISCAL IMPACT
There is no fiscal impact.
CONTACT:
Name: Bill Graham, Department of Water Resources
Phone: 327-7966
STATEMENT OF PURPOSE AND FISCAL IMPACT SCR 14