| Code |
Condtions |
| K06 |
This right is limited to the irrigation of 275 acres within the place of use described above in a single irrigation season. |
| X35 |
Rights 21-41G, 21-51B, 21-12358, 21-12977 and 21-12978 when combined shall not exceed a total diversion rate of 7.02 cfs and the irrigation of 278.2 acres. |
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Water rights 21-12358 and 21-13258 are appurtenant to the same 278.2 acres in Sections 12, 13 and 14, T08N, R41E. |
| 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 Districts 01 and 100. |
| 01M |
After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. |
| R63 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the place of use. |
| 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. |
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Each year prior to commencing diversion and use of water under this right, the right holder shall obtain the expressed written certification of the Water District No. 1 watermaster that the right holder has dedicated and assigned 275 acre feet of stored water for use by the watermaster to release into Henrys Fork River to mitigate depletion of river flow resulting from diversion of ground water when this right is not in priority. Operation of the well at any time without the written certification of the watermaster shall be a violation of Section 42-351, Idaho Code. |
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Use of water under this right may be affected by the provisions of that certain agreement between the rightholder and others dated December 12, 1994, to the extent that the provisions of said agreement can lawfully be implemented. |
| T07 |
The right holder shall accomplish the change authorized by transfer 4456 within one year of the date of the approval. |
| T08 |
Failure of the right holder to comply with the conditions of transfer 4456 is cause for the Director to rescind approval of the transfer. |
| T19 |
Pursuant to Idaho Code § 42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014. |