Idaho Administrative Code
Title IDAPA 37 - Water Resources, Department of
Rule 37.03.12 - IDAHO DEPARTMENT OF WATER RESOURCES WATER DISTRIBUTION RULES - WATER DISTRICT 34
Section 37.03.12.030 - NATURAL FLOWS
Universal Citation: ID Admin Code 37.03.12.030
Current through August 31, 2023
Natural flow shall be delivered through the natural river channel to the point of diversion of record except as provided in these rules. (3-31-22)
01. Eastside Canal. The watermaster, with the approval of the director and after consultation with the Big Lost River Irrigation District, may elect to deliver the natural flow of the river through the Eastside Canal when the following conditions are met: (3-31-22)
a. The full flow
of the river, including impounded water, to be delivered downstream of the
Moore diversion is not greater than the capacity of the Eastside Canal.
(3-31-22)
b. More natural flow
water can be delivered to calls for natural flow than could be delivered by
using the natural river channel. (3-31-22)
c. No water right is injured.
(3-31-22)
d. Measuring devices of a
type acceptable to the director are installed and maintained where the flow
leaves the river channel and where it returns to the river channel.
(3-31-22)
e. When used for the
delivery of natural flow to the Arco diversion, the Eastside Canal is
considered to be the river channel for water delivery accounting purposes and
the watermaster shall protect the natural flow for delivery to prior water
rights. Water rights diverting water from the river channel downstream from the
point the Eastside Canal returns to the river channel shall be measured at
their point of diversion from the river downstream from the Eastside Canal
return. (3-31-22)
f. Conveyance
losses in the Eastside Canal, when considered to be the river channel, shall be
proportioned between the river flow, the diversions from the Eastside and pumps
that inject ground water into the Eastside Canal. The proportioning will be
based upon the ratio of total Eastside diversions and injected ground water to
the total inflow to the canal. (3-31-22)
02. Alternate Point of Diversion. The watermaster may elect, with the approval of the director, to deliver natural flow water rights to the alternate point of diversion described in Rule Subsection 030.02.a. below when conditions in Rule Subsections 030.02.b. through 030.02.f. below are met: (3-31-22)
a. This rule may be
used to deliver water rights through the Munsey diversion located in the NW1/
4NW1/4NW1/4, Section 26, Township 4
North, Range 26 East, B.M. as an alternate point of diversion for water rights
with a recorded point of diversion at the McLaughlin diversion located in the
NE1/4NW1/4SE1/4, Section
12, Township 3 North, Range 26 East,
B.M. (3-31-22)
b. The additional
delivery losses through the natural channel to the recorded point of diversion
for a water right prevents delivery of natural flow to one (1) or more other
water rights then calling for water. (3-31-22)
c. The user receives the same amount of water
at the field headgate from the natural flow water right that would be delivered
to the field headgate had the natural flow right been delivered at the recorded
point of diversion. (3-31-22)
d.
Delivery of the water right at the alternate point of diversion is limited to
the period of time the water right could have been delivered to the recorded
point of diversion based upon the natural flow available at any time delivery
is called for and the loss of the river channel at the time the alternate point
of diversion began to be used for the delivery of this water right.
(3-31-22)
e. No water right is
injured by the use of the alternate point of diversion. (3-31-22)
f. The owner of the diversion works at the
alternate point of diversion and the ditch(es) used to deliver the water to the
field headgate from the alternate point of diversion concurs in the use of
those facilities. (3-31-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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