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SCR128.........................................by RESOURCES AND ENVIRONMENT
MINIMUM STREAMFLOWS - States findings of the Legislature; and approves an
application to appropriate water for minimum streamflow on the Lemhi River
from diversion L-6 to the mouth of the Lemhi River.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 128
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 A CONCURRENT RESOLUTION
2 APPROVING APPLICATION TO APPROPRIATE WATER FOR MINIMUM STREAMFLOW.
3 Be It Resolved by the Legislature of the State of Idaho:
4 WHEREAS, the Idaho Water Resource Board may apply for a permit to appro-
5 priate unappropriated waters of any stream to establish a minimum streamflow;
6 and
7 WHEREAS, under the provisions of Section 42-1503, Idaho Code, an approved
8 application shall not become finally effective until affirmatively acted upon
9 by the Legislature, except that if the Legislature fails to act prior to the
10 end of the regular session to which the application was submitted, the appli-
11 cation shall be considered approved; and
12 WHEREAS, on September 27, 2001, the Department of Water Resources approved
13 the application by issuing a Preliminary Order which became a Final Order
14 authorizing the appropriation of water for minimum streamflow as follows:
15 Identification
16 Number: 74-14993
17 Rate of Flow: Thirty-five (35) cubic feet per second ("cfs") year-round.
18 The application provided that fifteen (15) cfs of the
19 thirty-five (35) cfs be subordinated to all diversions,
20 including high water or flood water authorized under the
21 Lemhi River basin decree (Lemhi County Case No. 4948).
22 Location: Beginning at water diversion L-6 on the Lemhi River in the
23 southeast quarter (1/4) of section twenty-four (24), town-
24 ship twenty-one (21) north, range twenty-two (22) east of
25 the Boise Meridian, and ending at the confluence of the
26 Lemhi River with the Salmon River near the southwest corner
27 of section thirty-two (32), township twenty-two (22) north,
28 range twenty-two (22) east of the Boise Meridian, in Lemhi
29 County, said reach being approximately 7.5 miles long.
30 Purpose: To provide anadromous fish passage in the Lemhi River from
31 diversion L-6 to the mouth of the Lemhi River.
32 Priority Date: April 12, 2001.
33 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
34 sion of the Fifty-sixth Idaho Legislature, the Senate and the House of Repre-
35 sentatives concurring therein, that the same is hereby approved subject to the
36 conditions and limitations contained in the Preliminary Order issued by the
37 Department of Water Resources on September 27, 2001.