The controlling structure has two bank abutments and then a center column. The two abutments and the center column all have slotted guides in the concrete for the insertion of boards to obstruct the flow. An engineer designed the system for delivery of the water rights according to their priorities by placing flexible pipes or hoses into the wooden obstructions vertically in their order of priority. In other words, when there is a very small flow in Treon Creek, the lowest priority right would receive all of the water before the next priority water right would receive any water. By physically constructing the headgate this way, the priority system is satisfied.
Any excess water flows over the top of the wooden boards.
During periods of low flow, all the water is flowing in Treon Creek is diverted at the diversion structure. Stop logs were inserted in the right side, but no hose or pipe was placed in the stop logs for delivery of water to Armour. Protestants testified that the point of diversion and obstruction was constructed pursuant to a court order in 1993 issued by the Seventh District Court in Challis, Idaho. A copy of the court order was not submitted as evidence at the hearing. D.H. Schoonen promised he would send a copy to the hearing officer.