| Code |
Condtions |
|
Ground water diverted under this right is injected into Lyons Creek and diverted from Lyons Creek at the point of rediversion to irrigate the place of use. Water shall not be diverted from Lyons Creek unless ground water is simultaneously being injected into Lyons Creek at an equal rate. |
| R05 |
Injection and rediversion of water from Lyons Creek 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. |
| F06 |
The following rights are diverted through the point of rediversion described above: 22-7091, 22-7115, 22-13454, and 22-13670. |
| 065 |
The right holder shall make full beneficial use of all surface water rights, 22-7091, 22-7115, and 22-13454, 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. |
| 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 lands above. |
| WB7 |
This right shall not exceed an annual maximum diversion volume of 925.3 af at the field headgate for the lands above. |
| X35 |
Rights 22-7091, 22-7115, and 22-13454 when combined shall not exceed the irrigation of 378 acres. |
| 048 |
The use of water under this right shall not give rise to any claim against the holder of a senior water right based upon the theories of forfeiture, abandonment, adverse possession, waiver, equitable estoppel, estoppel by laches or customary preference. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year of the date of this approval. |
| 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. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |