| Code |
Condtions |
| 26A |
Project construction shall commence within one year from the date of permit issuance and shall proceed diligently to completion unless it can be shown to the satisfaction of the Director of the Department of Water Resources that delays were due to circumstances over which the permit holder had no control. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| WB7 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor exceed a combined annual maximum diversion volume of 2880 af at the field headgate for the place of use. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
| 121 |
The Director retains jurisdiction to require the right holder to provide purchased or leased natural flow or stored water to offset depletion of Lower Snake River flows if needed for salmon migration purposes. The amount of water required to be released into the Snake River or a tributary, if needed for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this permit. |
| 069 |
Failure of the right holder to comply with any condition of approval is cause for the Director to cancel this permit. |
| 196 |
The right holder shall install or construct a straight length of conduit or ditch suitable for installation of a device for measuring the entire flow of water being diverted in connection with this right. If the right holder uses conduit, the straight length of conduit shall be at least fifteen times the diameter of the conduit and shall be above ground or otherwise easily accessible. |
| 073 |
Diversion and use of water with a temperature greater than 85 degrees Fahrenheit is not authorized under this right. |
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The right holder shall install a measuring device acceptable to the Department at the point of diversion authorized under this right. The measuring device shall be capable of displaying diversion flow rate and totalized volume measurement. The right holder shall record the flow rate and volume measurements monthly for any calendar year in which water is diverted and used in connection with this right until notified by the Department. The records shall be made available to the Department upon request. |
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One point of diversion (well) authorized for this right shall include a measuring device or other suitable method to allow measurement of the static water level in the well. Water level measurements shall be made monthly throughout the year from the beginning of the diversion
and use of water in connection with this right until notified by the Department. The records shall be made available to the Department upon request. |
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Proof of application of water to beneficial use shall be submitted no sooner than October 1, 2017, and no later than October 1, 2018. A report with no less than 4 years of diversion measurement and aquifer level water monitoring data shall be submitted in connection with filing proof of beneficial use. Submittal of a proof of beneficial use statement without the required report will not be accepted by the Department and may result in cancellation of the permit. |
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If the Department determines, based on credible evidence, measurement reports, area data, or otherwise, there is a substantial likelihood that diversion and use of groundwater under this right is causing material injury to any senior water right(s), the Department may issue an order to the right holder to show cause why existing diversions should not be reduced under the permit, forego additional diversions, or provide adequate mitigation to remedy any such material injury. Any senior water user alleging material injury may petition the Department to commence a show cause hearing, and the Department shall conduct a hearing. |
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Water bearing zone to be appropriated is from 250 to 400 feet.
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| 074 |
This right does not authorize the irrigation of land not previously irrigated. |
| 065 |
The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the lands authorized to be irrigated under this right. The right holder shall limit the diversion of ground water under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right. |
| 104 |
If the surface water right(s) appurtenant to the place of use is abandoned, forfeited, sold, transferred, leased or used on any other place of use, this right to divert ground water shall not be used without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required. |