Water Right Owners

Water Permit Status

Water Source

Points Of Diversion (Location)

Water Uses

Places of Use

Place of Use Legal Description : INDUSTRIAL (TWIN FALLS county)

Conditions

Code	Condtions
	Proof of application of water to beneficial use may not be submitted until one month prior to the deadline to submit proof of beneficial use set forth in these conditions; provided, however, if less than four (4) years of data required by the permit conditions has been collected while beneficial use authorized under this permit has occurred, then an extension of time for up to five additional years shall be requested by the permit holder. A proof of beneficial use statement without the permit conditions’ required data and reports will not be accepted by the Department and may result in lapsing of the permit.
	Industrial use is process water for food manufacturing.
115	Prior to the diversion and use of water under this right, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications.
	To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall not divert water under this right unless an equivalent amount of water has been injected into the source aquifer during the previous 12 months. In any 12-month period, the right holder shall not divert more water than it has injected in the prior 12-month period. The right holder may divert the same volume of water injected into the aquifer within the previous 12-month period, up to the total amount authorized by this right. Water not diverted during the 12-month period it is injected cannot be carried over for future withdrawal and beneficial use associated with this right.
	Prior to diversion and use of water under this right, the permit holder shall submit a hydrogeologic analysis proposal, prepared by a qualified professional engineer, hydrologist, or hydrogeologist for approval by the Department, to assess the effectiveness of the mitigation plan detailed in permit condition no. 6. Once the Department approves the hydrogeologic analysis proposal, during the authorized permit development period, the right holder will analyze the hydraulic response of the aquifer to its injection and diversion activities pursuant to its mitigation plan. The right holder shall conduct the analysis to determine if the injection and diversion activities are offsetting the pumping effects of this permit by ensuring Chobani’s pumping is not resulting in a reduction in the amount of water available under other existing water rights and ensuring Chobani’s injection is not making the water quality unusable by other existing water rights. The analysis will compare water-level hydrographs from local observation wells to injection and diversion volumes and rates. The analysis will compare ambient ground water quality, injectate water quality, and the resultant water quality in local observation wells. The permit holder shall submit the analysis to the Department on an annual basis throughout the permit development period. Based on the results of the analysis, the permit holder may propose a revised injection and diversion plan for approval by the Department. The Department on its own initiative may also require a revised injection and diversion plan based upon its review of the data at any time throughout the permit development period and at the time of license issuance. If the Department determines revision of the injection and diversion plan is necessary to avoid injury, the Department will issue its decision as an order pursuant to the Department’s Rules of Procedure (IDAPA 37.01.01).
	During the authorized permit development period, by March 1 each year, the permit holder shall report to the Department the following items for the previous calendar year: • Annual data sets for the data logger from each point of diversion. • The volumes of water pumped from ground water pursuant to this right, summarized in daily, monthly, and annual increments. • The volume of water injected into the aquifer for mitigation purposes, summarized in daily, monthly, and annual increments. • A summary of the diversion of ground water under this right compared to the mitigation requirements and the actual mitigation accomplished. The summary shall be organized by daily, monthly, and annual increments. Once the permit holder submits proof of beneficial use, the Department will evaluate this reporting requirement and determine the future reporting interval.
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.
935	Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right and such mitigation is documented and accounted for.
073	Diversion and use of water with a temperature greater than 85 degrees Fahrenheit is not authorized under this right.
R07	Water discharged to a subsurface system must be authorized by a separate injection well permit.
106	Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality monitoring or permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture.
	Prior to diversion and use of water under this approval, the right holder shall obtain authorization and comply with all city or county ordinances required by law.
046	Right holder shall comply with the drilling permit requirements of Idaho Code § 42-235 and applicable Well Construction Rules of the Department.
140	Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the Director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water.