Water Right Owners

Water Permit Status

Water Source

Points Of Diversion (Location)

Water Uses

Places of Use

Place of Use Legal Description : GROUND WATER RECHARGE (BLAINE,LINCOLN,GOODING counties)

Conditions

Code	Condtions
R05	Use of water under this right may be regulated by a watermaster with responsibility for the distribution of water among appropriators within a water district. At the time of this approval, this water right is within State Water District No. 37.
01J	Prior to diversion of water under this right, the right holder shall install and maintain a measuring device and lockable controlling works of a type acceptable to the Department as part of the diverting works.
027	Use of water under this right shall be non-consumptive.
106	Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality monitoring and/or permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture.
004	This right does not grant any right-of-way or easement across the land of another.
920	Pursuant to Idaho Code § 42-234(4), to ensure that other water rights are not injured by the operations of the recharge project authorized by this right, the Director has authority to approve, disapprove, or require alterations in the methods employed to achieve ground water recharge.
921	Pursuant to Idaho Code § 42-234(3), the Director may reduce the amount of water that may be diverted for recharge purposes under this right even though there is sufficient water to supply the entire amount authorized for appropriation under this right.
923	The right holder shall record the daily quantity of water diverted for ground water recharge and shall report the diversion data for the prior calendar year to the Department by July 31 each year. Reporting shall occur in the manner specified by the Department, consistent with Idaho Code § 42-701. To facilitate this reporting requirement, the right holder shall install and maintain measuring devices approved by the Department at each point of diversion and at each point where water is delivered from the conveyance system into a designated recharge site.
	Consistent with Idaho Code § 42-234(5), seepage from canals incidental to delivery of irrigation water, or water delivered for other beneficial uses, shall not be considered ground water recharge under this right.
929	This right is not an authorization for the described recharge effort to be used as mitigation or credit for any other purpose. The sufficiency of the recharge effort authorized under this right for mitigation or credit for some other purpose may be determined by the Department upon proper submission of a mitigation plan pursuant to the Department’s Rules of Conjunctive Management of Surface and Ground Water Resources, a mitigation plan to offset depletion in association with a water right application, a Management Program pursuant to Idaho Code § 42-1416B, or any other proposal to utilize credit for the recharge effort.
933	This right is for the use of trust water, and it is subject to review 5 years after its initial approval (date of permit approval) to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water.
934	When the minimum stream flow water rights in the Snake River at Murphy Gage are not being satisfied, the right holder shall cease diverting water for the consumptive uses authorized by this right. The minimum stream flow water rights are for 3,900 cfs from April 1 through October 31 and 5,600 cfs from November 1 through March 31. See IDAPA 37.03.08.030.
	Prior to diversion and use of water under this approval, the right holder shall obtain authorization from the Bureau of Land Management to access the point of diversion or place of use or to convey water across federal land.
	Ground water recharge within the place of use under this right describing federal public lands within or underlying canals, or discharges outside of the canals onto federal public land, is disallowed, unless also specifically authorized in writing by the Bureau of Land Management.
	The Idaho State Director of the Bureau of Land Management shall be notified (through certified mail, return receipt requested) by the permit holder at least 60 days prior to any attempts by the permit holder to modify the places of use for this permit, seek an extension of the time to provide proof of beneficial use, or to license the right. The written notification shall include the relevant settlement agreement. The permit holder will submit to the Department certificates of service evidencing compliance with this notification requirement.
	By March 15, 2032, the permit holder shall seek to modify the places of use to exclude from them any federal lands where the Bureau of Land Management has not issued the permit holder a right-of-way grant. The permit holder shall notify the Idaho State Director of the Bureau of Land Management (through certified mail, return receipt requested) at least 60 days prior to filing its request for an amendment. The written notification shall include the relevant settlement agreement and a copy of the documents anticipated to be filed. The permit holder will submit to the Department certificates of service evidencing compliance with this notification requirement.
	When the permit holder seeks to license this right, the statement of completion or other proof of beneficial use shall not be based on any federal lands for which the permit holder does not hold an active right-of-way grant from the Bureau of Land Management. The permit holder shall notify (through certified mail, return receipt requested) the Idaho State Director of the Bureau of Land Management at least 60 days prior to filing. The written notification shall include the relevant settlement agreement. The permit holder will submit to the Department certificates of service evidencing compliance with this notification requirement.
	The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by protestants Idaho Power Company and United States Bureau of Land Management and the water right holder under separate agreements to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreements not specifically addressed in other conditions herein. Enforcement of those portions of the agreements not specifically addressed in other conditions shall be the responsibility of the protestants and the water right holder.
	This right may not call for water that could otherwise be legally stored in Magic Reservoir under current or future storage water rights held by the Big Wood Canal Company.
	The holder of this water right may not call for water used by the Sun Valley Company under junior water rights held by said entity with priority dates no later than 12/31/2026 for commercial snow making purposes, not to exceed 200 AFY.
	The holder of this water right may not call for water used by the Sun Valley Company under junior water rights held by said entity with priority dates no later than 12/31/2026 for mitigation and/or recharge purposes, not to exceed 450 AFY.
	The holder of this water right may not call for water used by the City of Bellevue under junior water rights held by said entity with priority dates no later than 12/31/2026 for mitigation and/or recharge purposes, not to exceed 1,150 AFY.
	The holder of this water right may not call for water used by the City of Hailey under junior water rights held by said entity with priority dates no later than 12/31/2026 for mitigation and/or recharge purposes, not to exceed 3,360 AFY.