| Code |
Condtions |
| X35 |
Rights 29-30, 29-31, 29-2379, 29-13320 and 29-13321 when combined shall not exceed a total diversion rate of 7.65 cfs and the irrigation of 382.2 acres. |
| 165 |
The ground water well authorized by Transfer 80165, located in the SENW of Section 19, T07S, R39E, shall be constructed and maintained with unperforated casing between 0 and 25 feet below land surface. |
| 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 lands above. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
|
At the time of the recommendation and partial decree in the SRBA, the relationship between an existing fence line and the west quarter-quarter section line marking the east boundary of the place of use for this water right was unclear. The map overlay showed the existing fence line approximately 160-200 feet east of the west quarter-quarter section line, which means the place of use for this water right may include lands in the east half of the southwest quarter, section 17, T07S, R39E, B.M., and the east half of the northwest quarter and the east half of the northeast of the southwest quarter, section 20, T07S, R39E, B.M. However, other information indicates that the existing fence line may in fact approximate the west quarter-quarter section line. In either case, irrigation should be allowed up to the fence line, in accordance with historical practice. If a full land title survey settles all boundary disputes by court order or stipulation, and concludes that the east half of the southwest quarter, section 17, T07S, R39E, B.M., and the east half of the northwest quarter and the east half of the northeast quarter of the southwest quarter, section 20, T07S, R39E, B.M., should be part of this water right's place of use, then a correction to the place of use description for this water right may be needed. If the right holder requests the correction in writing, supported by sufficient documentation, and if allowed by law, a formal transfer pursuant to I.C. 42-222 shall not be required because no physical on-the-ground change would occur. However, no correction to the number of acres shall be allowed. |
| N08 |
The quantity of water decreed for this water right for stockwater use is not a determination of historical beneficial use. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year(s) 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. |
| 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. |