| Code |
Condtions |
| 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. |
| 129 |
Place of use is within the area served by Grand Teton Canal Company. |
| 158 |
The quantity of water diverted under this water right shall be from the portion awarded to Idaho and deducted there from as set forth in Roxana Canal Co. v. Daniels, Equity No. 2447 (D. Wy. Feb. 4, 1941). |
| F15 |
The point of diversion for this water right is in Wyoming in T44N R118W, Section 29 NWNW. The point of diversion shown above is where the conveyance system enters Idaho. |
| F01 |
Water is delivered through Grand Teton Canal. |
| 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(s). |
| 160 |
This water right is subject to the delivery provisions contained in Roxana Canal Co. v. Daniels, Equity No. 2447 (D. Wy. Feb. 4, 1941) ("Roxana decree"). Nothing in this water right is intended to relieve or alter the state of Idaho nor the state of Wyoming from their obligations contained in the Roxana decree. |
| 020 |
The diversion and use of water described in Transfer 76075 may be subject to additional limitations agreed to by the protestant(s) and the right holder under a separate agreement identified as Instrument No. 212995 that was filed with Teton County on September 2, 2010 ("agreement") to which the Department is not a party and which may be enforceable by a court of law. |
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Use of water for filling ponds under this water right shall not occur prior to May 15 in any year except as described in the agreement and authorized by the Water District 01 Watermaster when other rights would not be injured. |
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Aesthetic Storage, Recreation Storage and Irrigation Storage uses are for a series of ponds located within the service area of the Grand Teton Canal Company. |
| 219 |
Right 22-277A authorizes diversion of water to be used for the initial fill or single annual refill of the ponds authorized to be developed under the water right and for the replacement of losses caused by evaporation from the reported ponds. |
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In the approval conditions of Transfer 76075 pertaining to this right, the term "mitigation" refers to the change in nature of use from irrigation use to irrigation storage, recreation storage and aesthetic storage uses under this right. Mitigation from another water right or water source is not required. |
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The right holder shall provide mitigation for every pond that cannot be filled within a 24-hour period by the amount of water available under the shares of Grand Teton Canal Company stock associated with the property on which the pond is located. Mitigation shall consist of a reduction in the number of acres irrigated under this water right. This right does not authorize more than 500 acres committed for mitigation purposes in any given year. |
| 221 |
To eliminate seepage losses, the right holder shall ensure that an impermeable liner is installed and maintained in all ponds that require mitigation developed under this right. |
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On or before November 15 of each year the right holder shall submit to the department a report that includes the following information about the water diverted to storage in connection with this right:
1. Pond Information for every pond receiving water under this water right including pond name, pond ID number, specific location, type, surface area in acres, capacity in acre-feet and type of lining.
2. Grand Teton Canal Company Shareholder Information including owner name, stock certificate number(s) and total shares.
3. Mitigation Requirements including the amount of water needed for the initial fill or single annual refill of each pond (identified separately) and for annual evaporation expressed in acre-feet.
4. Actual Mitigation including irrigated acres dried-up, specific location of acres dried-up, former crop on dried-up acres, mitigation volume from acres dried-up, contributions of water from other sources, total quantity of mitigation water and mitigation surplus or deficit expressed in acre-feet.
5. A geographic information system (GIS) shapefile or other map acceptable to the department depicting all reported ponds and specific acres dried-up for mitigation purposes. |
| X35 |
Rights 22-277A, 22-144 and 22-4140 when combined shall not exceed the irrigation of 6911.1 acres and shall be reduced under all rights in direct proportion to annual pond development and mitigation requirements reported under Right 22-277A pursuant to approved Transfer 76075. |
| 205 |
The approval of this transfer redefines all of the elements of this water right, and the new use of water authorized by this approval shall constitute the full extent of the right. |
| R59 |
This right when combined with all other rights shall provide no more than 3.5 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. |
| 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. |