Priority Date : 2/9/2007
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
GROUND WATER
UNNAMED STREAM
TETON RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
UNNAMED STREAM
05N
45E
33
0
NE
SE
TETON
GROUND WATER
05N
45E
33
0
NE
SE
TETON
UNNAMED STREAM
05N
45E
33
0
NE
SE
TETON
GROUND WATER
05N
45E
33
0
NE
SE
TETON
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
WILDLIFE STORAGE
01/01
12/31
1.60 AFA
DIVERSION TO STORAGE
04/15
10/15
0.10 CFS
TOTAL
0.10 CFS
1.60 AFA
Places of Use
Place of Use Legal Description : WILDLIFE STORAGE (TETON county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
05N
45E
33
NE
SE
Conditions
Code
Condtions
170
To prevent injury to senior surface water right holders, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and amounts specified below. Moreover, the official record for the following water right will be changed to show that diversion and use of water is not authorized because the rights, or portions thereof, are being dedicated to mitigation purposes.
Mitigation Use Changed Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Acres
22-13247 Irrigation 0.10 5
The land that will no longer be irrigated under this right is located within the NWSE, Section 33, Township 05N, Range 45E, B.M.
If the specified mitigation right, or portion thereof, is sold, transferred, leased, used on any place of use, or is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion from the unnamed stream under this right shall be reduced by the same proportion as the reduction to the mitigation rights.
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).
X53
The right holder shall not divert surface water from the unnamed stream when water rights with a priority date of June 19, 1920, are curtailed in the Teton River drainage.
X01
Wildlife storage use is for 2 excavated ponds that shall not exceed a combined total surface area of 1/2-acre and a total combined instantaneous storage volume of 2.0 AF. The right holder may divert up to 3.0 AF of water from the unnamed stream each year to fill the ponds and to replace evaporation and seepage losses periodically. This right does not authorize a continuous flow of water through the ponds.
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.
If the right holder cannot continue to implement this mitigation plan every year for any reason, the right holder shall cease diverting water from the unnamed stream under this right or shall implement an alternative mitigation plan that has been reviewed and approved by the department.
140
Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water.
123
Ground water stored under this right is subject to fluctuations of the water table caused by changes in the flow of local streams and by diversions under prior ground water rights. This right does not guarantee the maintenance of any particular ground water level.