Allocation Of Natural Flow

01. Administration of Surface Water Rights. Water not diverted or rotated for credit is available for the next in time water right. Natural flow rights are delivered to the point of diversion with no conveyance loss assessment. A natural flow water right delivered through a lateral or canal of a water conveyance entity shall be assessed the conveyance loss for the canal through which the water right is delivered. (3-31-22) a. All water deliveries must be called for by the water user at least forty-eight (48) hours in advance of the actual water delivery. Water which can be delivered by the watermaster in less than forty-eight (48) hours may be used by the water user. (3-31-22) b. The water user must notify the watermaster of the water user’s intent to use water as required by Rule Subsection 040.05. (7-1-26) 02. Rotation Credit. Water rights that do not include storage as a purpose of use may not be stored. Water rights whose source is Big Lost River, with their point of diversion below the Mackay Dam, and which are appurtenant to lands within Big Lost River Irrigation District (BLRID) may, however, be rotated for credit when such practice improves the efficiency of water use as contemplated by the Big Lost River Irrigation District’s plan of operation. Rotation is subject to approval by the Director, the General Provisions for Basin 34, and the following conditions: (7-1-26) a. Any water credited under such a rotation, if not used in the same irrigation season in which it is credited, shall become storage water of the Big Lost River Irrigation District at the end of the irrigation season. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 37.03.12 Department of Water Resources Water Distribution Rules – Water District 34 Section 040 Page 6 b. Rotation for credit cannot occur prior to the need for irrigation water on the land, as determined pursuant to these rules, in any year. (3-31-22) c. Natural flow must be available at the river headgate point of diversion for the water right requesting rotation credit. (3-31-22) d. The water user must have operable delivery and use facilities and an actual need for the water on the land in the year rotation is sought. (3-31-22) e. The watermaster may rotate natural flow rights at the beginning of the irrigation season, which would not otherwise be deliverable to their point of diversion, for credit of up to a combined total of three thousand five hundred (3,500) AF if natural flow cannot be delivered to a point of diversion, the watermaster determines rotation credit is needed to make possible the delivery of water rights, and BLRID determines there is room in Mackay Reservoir for rotation credit. The watermaster may release this impounded water from the reservoir to make natural flow rights deliverable to their point of diversion. (7-1-26) f. Water rotated for credit may only be used on the land to which the water right being rotated is appurtenant. Water rotated for credit may not be marketed except under the provisions of Section 42-222A, Idaho Code. (7-1-26) g. A water user will forfeit to BLRID all rotation credits accrued when Mackay Reservoir fills, or would have filled except for flood operations, and the natural flow is sufficient to allow delivery to water rights with a priority date of 1905 or junior. If the natural flow does not allow delivery to water rights with a priority date of 1905 or junior after the reservoir fills, the water user will retain the rotation credit. For this rule, Mackay Reservoir will be considered full when the daily mean elevation of the water in the reservoir reaches or exceeds the spillway crest’s mean sea level elevation of 6,066.12 feet. (7-1-26) h. Water rights being rotated must be identified to the watermaster as being rotated into Mackay Reservoir. Water rights identified as such will have the Mackay Reservoir as the temporary point of diversion during the time rotation is occurring. (3-31-22) i. The rate of diversion for a water right being rotated for credit combined with other water rights for the same place of use being diverted at the same time cannot exceed the combined diversion limit specified in the listing of water rights. (7-1-26) 03. Assessment of Evaporation and Conveyance Losses to Impounded Water. (3-31-22) a. Evaporation losses from Mackay Reservoir shall be estimated daily by the watermaster by applying correlated evapotranspiration data and shall be assessed to all impounded water. (3-31-22) b. Conveyance losses in the natural channel shall be proportioned between natural flow, impounded water, and storage water. The watermaster will proportion the natural flow and impounded water conveyance losses on a river reach basis. (7-1-26) i. An exception is made for impounded water delivered through the Beck and Evan diversion located in the SW1/4SE1/4SW1/4, Section 11, Township 6 North, Range 25 East, B.M. Conveyance loss for this impounded water will be assessed the conveyance loss of the 2-B Gage to Leslie Gage reach. (7-1-26) 04. Initiation and Duration of Surface Water Allocation for Irrigation. Any time on or after May 1, a water user can make a delivery call on the natural flow if water can be beneficially used for irrigation. If sufficient natural flow exists to deliver the water right in a usable amount to the water users place of use, the watermaster shall deliver the right. In addition, the Director may allow the diversion of rights or portions of rights for irrigation use from the Big Lost River as early as April 20 and as late as October 31, and from surface water tributaries to the Big Lost River, either before or after the period of use for irrigation described in the water right where: (7-1-26) a. The water so diverted is applied to a beneficial use resulting in an immediate benefit to growing IDAHO ADMINISTRATIVE CODE IDAPA 37.03.12 Department of Water Resources Water Distribution Rules – Water District 34 Section 055 Page 7 plants or is necessary to allow performance of an agricultural practice generally accepted in the community, as determined by the Director. (7-1-26) b. All surface water rights, regardless of priority, unless subordinated to the water right or class of rights being called, existing at the time of diversion that are within their period of use can be satisfied. (7-1-26) c. The diversion and use of water does not conflict with the public interest as determined by the Director. (7-1-26) 05. Notice to Initiate Delivery. Water users must initiate delivery of their water right(s) by notifying the watermaster that they are ready to put water to beneficial use. (3-31-22) 06. Diversion of Additional Flows. The Director may allow the diversion of surface water in addition to the quantity of surface water described in a water right for irrigation use to be diverted for irrigation of the described place of use where: (7-1-26) a. The waters so diverted are applied to a beneficial use, as determined by the Director. (7-1-26) b. All surface water rights, regardless of priority, unless subordinated to the water right or class of water rights being called, existing at the time of diversion that are within their period of use can be satisfied. (7-1-26) c. The diversion and use of water does not conflict with the public interest as determined by the Director. (7-1-26) d. Additional flows diverted pursuant to Rule 040.06 are natural flows and will not be assessed as impounded or stored water. (7-1-26) 07. Mackay Dam Minimum By-Pass. Mackay Dam and Reservoir shall be operated to maintain a minimum flow of fifty (50) CFS at the 2-B gage. (3-31-22) 08. Canal or Lateral Delivery. A water user can request the watermaster to investigate if inappropriate delivery of natural flow is occurring on any lateral or canal. This request needs to be accompanied by reasonable evidence that the delivery causes injury to the water user’s natural flow water right(s). In the event the watermaster determines that delivery of natural flow water rights within a lateral or canal is improper, the watermaster will: (7-1-26) a. Notify the ditch rider and the water delivery entity of the results of his investigation and coordinate efforts to make proper delivery of the natural flow. (3-31-22) b. If the situation has not been sufficiently resolved within forty-eight (48) hours, the watermaster will notify the Director, who may take all actions authorized by law to remedy the situation. (7-1-26) 041. -- 054. (RESERVED)