| Code |
Condtions |
| C18 |
This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code. |
| 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, |
| T07 |
The right holder shall accomplish the change authorized by Transfer 74584 by February 23, 2014. |
| 186 |
Diversion of water from the additional point of diversion authorized under Transfer 74584 located in L2, (SESW), Sec. 33, T16N, R43E shall not exceed a maximum diversion rate of 4.00 cfs. |
| 106 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture. |
|
Prior to diversion of water under Transfer 74584, the right holder shall provide a means of measurement acceptable to the department for measuring the flow from Unnamed Stream at: the original point of diversion in the NESE, S33, T16N, R43E; where Unnamed Stream flows under State Highway 287 in the SESE, S33, T16N, R43E or at another suitable location; and at the point of diversion from Henrys Lake in Lot 2 (SESW), S33, T16N R43E.
|
|
Diversion of water from Henrys Lake is limited to those times water is available for diversion under this right and priority from Unnamed Stream at the original point of diversion in the NESE, S33, T16N, R43E, and to the amount of water that actually reaches State Highway 287 in the SESE, S33, T16N, R43E or at another suitable location and then flows into Henrys Lake. |
| T08 |
Failure of the right holder to comply with the conditions of Transfer 74584 is cause for the Director to rescind approval of the transfer. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 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(s). |
| B01 |
Unnamed stream is known locally as Pittsburg Creek. |
|
The use of water under this right shall in no way affect the water rights or use of water of senior water users, including water right no. 21-10015. |
|
Upon approval by the department, the right holder may rely on measurements taken at the location where Unnamed Stream flows under State Highway 287 in the SESE, S33, T16N, R43E or at another suitable location as evidence of the flows occurring at the original point of diversion. |