OCR Text |
Show BEAR RIVER COMPACT 25 2. Central Division a. When either the divertible flow as hereinafter defined for the Central Division is less than 870 second-feet, or the flow of the Bear Eivef at Border Gaging Station is less than 350 second- feet, whichever shall first occur, a water emergency shall be deemed to exist in the Central Division and the total of all diver- sions in Wyoming from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork, and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and from the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border shall be limited for the benefit of the State of Idaho, to not ex- ceeding forty-three (43) percent of the divertible flow. The re- maining fifty-seven (57) percent of the divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such allocation is not used therein it shall be available for use in Idaho in the Lower Division. The divertible flow for the Central Division shall be the total of the following three items: (1) Diversions in second-feet in Wyoming consisting of the sum of all diversions from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sub- lette Creek, and Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyo- ming-Idaho State line near Border, Wyoming. (2) Diversions in second-feet in Idaho from the Bear River main stem from the point where the river crosses the Wyoming-Idaho State line near Border to Stewart Dam including West Fork Canal which diverts at Stewart Dam. (3) Flow in second-feet of the Rainbow Inlet Canal and of the Bear River passing downstream from Stewart Dam. b. The Cook Canal, which diverts water from the main stem of the Bear River in Wyoming to irrigate lands in both Wyo- ming and Idaho, shall be considered a Wyoming diversion and shall be supplied from the divertible flow allocated to Wyoming. c. Water allocated to each State shall be distributed in accord- ance with State law. 3. Lower Division a. When the flow of water across the Idaho-Utah boundary line is insufficient to satisfy water rights in Utah, any water user in Utah may file a petition with the Commission alleging that by reason of diversions in Idaho he is being deprived of water to which he is justly entitled, and that by reason thereof, a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds 94-497-68 |