House Bill 749 Summary

• Allows Lemhi Basin irrigators holding Snake River Basin Adjudication (SRBA) decreed rights to file applications by July 1, 2024 to convert historic "high flow" water use into protected water rights, limited to ditch capacity as of August 25, 2014.

• Requires stream flow maintenance water rights to cease diversion when the McFarland Campground minimum stream flow right (established at 420 cubic feet per second) is being exercised, occurring only 2 years out of every 5 years for up to 3 days during March 15 to July 6.

• Authorizes the Idaho Water Resource Board to appropriate minimum stream flow rights of 18-60 cubic feet per second on Big Timber, Bohannan, Canyon, and Hayden Creeks with seasonal variations, junior to all existing water rights and stream flow maintenance rights under the bill.

• Requires the Department of Water Resources to notify all Basin 74 irrigators with SRBA-decreed rights through mail, newspaper publication, courthouse posting, and tax statement enclosures about the stream flow maintenance application process.

• Effective July 1, 2022 as an emergency measure, with applications based on the 1982 Lemhi Basin Decree and the Basin 74 High Flow General Provision established in 2006.