2002 Legislation
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SENATE CONCURRENT RESOLUTION NO. 128 – Minimum streamflows, Lemhi River


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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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                            SENATE CONCURRENT RESOLUTION NO. 128
  1                               A CONCURRENT RESOLUTION
  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.