| Code |
Condtions |
| 025 |
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required. |
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The right holder shall be responsible for the cost of installing or retrofitting any diversion works, located between the project point of diversion and the downstream point of discharge, which is detrimentally affected by the hydropower diversion. |
| 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. |
| X36 |
Right 29-07578 is also diverted through the point of diversion described above. |
| R22 |
The rights for the use of water confirmed in this license shall be junior and subordinate to all rights for the use of water other than hydropower, within the State of Idaho that are initiated later in time than the priority of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right. |
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A shutdown bypass shall be constructed at the power plant site. The operation of the power system shall not alter normal flow characteristics of the Portneuf River. |
| 106 |
Use of water under this approval shall comply with applicable water quality standards of the Department of Environmental Quality. |
| X43 |
The diversion and use of water for hydropower purposes under this license is subject to review by the Director after the date of expiration of license 10468-000 issued by the Federal Energy Regulatory Commission. Upon appropriate findings relative to the interest of the public, the Director may cancel all or any part of the use authorized herein and may revise, delete or add conditions under which the right may be exercised. |
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Prior to diverting water pursuant to this right, measuring devices and lockable controlling works of a type acceptable to the Department shall be permanently installed and maintained as part of the diverting works. Additional measuring devices may also be required for the accurate measurement of water diverted, water returned and water available to satisfy this and other water rights. |
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For purposes of interim distribution pending judicial determination, any senior unadjudicated water right, including those perfected through the beneficial use method, for which a claim is made in the pending Snake River Basin Adjudication (SRBA) shall be delivered prior to this right, provided the water is being beneficially used and provided the use is consistent with the right as recommended in the Directors Report when filed with the district court in the SRBA pursuant to Section 42-1411, Idaho Code. |
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A minimum flow of ten (10) cfs or the entire available stream, if less than ten cfs, must be maintained within the bypass reach at all times, except as specified in the FERC license. |
| R04 |
Use of water under this water right will be regulated by the watermaster of State Water District No. 29. |
| 027 |
Use of water under this right shall be non-consumptive. |
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The adequacy of the project design to protect public and employee safety during all phases of construction and operation of the project shall be reviewed and certified by a professional engineer licensed to practice in the state of Idaho. |