TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 15

MINIMUM STREAM FLOW

42-1506B.  BIG TIMBER, BOHANNAN, CANYON, AND HAYDEN — MINIMUM STREAM FLOW APPROPRIATIONS. (1) The water resource board is hereby authorized and directed to appropriate and hold in trust for the people of the state of Idaho minimum stream flow water rights for Big Timber, Bohannan, Canyon, and Hayden Creeks in accordance with the provisions of this section.

(a)  The minimum stream flow for Big Timber Creek shall be 18 c.f.s. from March 15 to July 31 and 10 c.f.s. from August 1 to March 14 from the headwaters of Big Timber Creek in Section 30, Township 14 North, Range 25 East, Boise Meridian to its confluence with the Lemhi River in the southeast quarter of Section 20, Township 16 North, Range 26 East, Boise Meridian.

(b)  The minimum stream flow appropriation for Bohannan Creek shall be 13 c.f.s. from March 15 to July 31 and 8.5 c.f.s. from August 1 to March 14 from the headwaters of Bohannan Creek in the northwest quarter of Section 19, Township 22 North, Range 24 East, Boise Meridian to its confluence with the Lemhi River in the northwest quarter of Section 33, Township 21 North, Range 23 East, Boise Meridian.

(c)  The minimum stream flow for Canyon Creek shall be 16 c.f.s. from March 15 to July 31 and 4 c.f.s. from August 1 to March 14 from the headwaters of Canyon Creek in Government Lot 5, Section 18, Township 17 North, Range 27 East, Boise Meridian to its confluence with the Lemhi River in the northwest quarter of Section 28, Township 16 North, Range 26 East, Boise Meridian.

(d)  The minimum stream flow for Hayden Creek shall be 60 c.f.s. from March 15 to July 31 and 13 c.f.s. from August 1 to March 14 from the headwaters of Hayden Creek in Section 14, Township 16 North, Range 22 East, Boise Meridian to its confluence with the Lemhi River in the southwest quarter, Section 21, Township 18 North, Range 24 East, Boise Meridian.

(2)  In acting upon the applications 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 the water rights will be maintained through voluntary agreements between the Idaho water resource board and Basin 74 water users in accordance with Idaho law.

(3)  The minimum stream flows provided for in this section shall be junior to all previously decreed, licensed, or permitted water rights. The minimum stream flows shall also be junior to all water right applications with a priority date before the effective date of this section and all Lemhi Basin stream flow maintenance water rights perfected pursuant to section 42-251, Idaho Code.

(4)  Upon the board’s filing of applications 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 applications for permit, to distribute water under the filings in accordance with the doctrine of prior appropriation using a priority date as of the filing of the application for permit.

(5)  These minimum stream flow applications for permit are in satisfaction of the local public interest requirement of section 42-203A(5)(e), Idaho Code, as it pertains to processing of water right applications with a priority date before the effective date of this section and on Lemhi Basin stream flow maintenance water rights filed pursuant to section 42-251, Idaho Code, on Big Timber, Bohannan, Canyon, and Hayden Creeks.

History:

[42-1506B, added 2022, ch. 290, sec. 3, p. 924.]