| Code |
Condtions |
| 127 |
Place of use is within the boundary of Southwest Irrigation District pursuant to Section 43-323, Idaho Code. |
| U42 |
Place of use does not include federal public lands. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 172 |
The boundary encompassing the place of use for this water right is described with a digital boundary as authorized by Idaho law. The data comprising the digital boundary are stored in the electronic document management system of the Department and are incorporated into this approval by this reference. A map depicting the place of use is attached to this approval document to illustrate the place of use described by the digital boundary. |
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Prior to the delivery of water right 1-23A each irrigation season, SWID shall report to Water District #1 the date of when diversion of this right shall begin along with the specific amount (cfs) assigned to each of the four individual diversions that divert water under this right. |
| R05 |
Use of water under this right will 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. 01. |
| R43 |
The right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion. |
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Prior to the diversion of this right during the irrigation year, Southwest Irrigation District must notify the Water District No. 01 Watermaster of both the date when diversion of this right will commence and the portions or percentages of the water right that will be assigned to each of the four listed points-of-diversions listed above. |
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This water right is not entitled to call on ground water rights. |
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The Director of the Department of Water Resources retains jurisdiction to determine and assess a delivery loss to prevent injury to existing water rights in Water District 01. |
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The annual volume diverted under this right is limited to 6725 acre feet except that any water diverted during flood control operations that result in a release of water past Milner Dam shall not be charged against the seasonal volume limitation. |
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Use of this right shall be subordinate to all water rights having a priority date earlier than March 21, 1997 diverting from Snake River in the Neeley to Milner reach except to the extent that water available under this right at the Aberdeen Springfield Canal diversion is specifically identified and shown to be delivered in the Neeley-Milner reach. |
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This right was originally diverted above Blackfoot before it was acquired by Southwest Irrigation District and transferred downstream to the current points of diversion at Milner Dam and Minidoka Dam. Accordingly, the source of supply for this water right is water arising above Blackfoot. |
| R64 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above. |
| T08 |
Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year of the date of this approval. |
| T19 |
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general provisions necessary for the definition of the rights or for the efficient administration of water rights as may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree. |