At the hearing, the applicant, Idaho Water Resource Board, was represented by Clarence Parr, Vice Chairman. Written statements were received from Idaho Rivers United and the West Cache Irrigation Company. Six public witnesses made statements at the hearing. The Director having considered the application, the exhibits and statements received enters these findings of fact, conclusions of law and order. Bear Lake is a natural bod of water situated in Bear Lake Countv, Idaho and Rich County, Utah.
Bear Lake is a tributary to the Bear River.
PacifiCorp, doing business as Utah Power, has operated the Bear Lake-Bear River water storage system since the early 1900's. In Equity No. 203, U.S. District Court of Idaho. Bear River Canal Company and others use water from Bear Lake which is provided under contract with Utah Power under the Power Company's water rights. Utah Power's pumping plant on Bear Lake is not capable of diverting water at a Bear Lake elevation lower than 5,902 feet. Historically, the company has never withdrawn water from Bear Lake when the lake has been below that elevation but has exercised its rights to store water in Bear Lake anD subsequently withdraw from the lake at times when the lake elevation was above 5,902 feet.