| Code |
Condtions |
| X35 |
Rights 32-7128, 32-7136, and 32-13348 when combined shall not exceed a total diversion rate of 75.00 cfs and a total annual maximum diversion volume of 51,100 acre-feet. |
| X35 |
Rights 32-58, 32-59, 32-60, 32-61C, 32-61D, 32-62, 32-63, 32-64, 32-65, 32-66, 32-68, 32-69, 32-70A, 32-70B, 32-73, 32-74, 32-75, 32-76, 32-77, 32-78, 32-79, 32-80, 32-83, 32-85, 32-86, 32-87, 32-89, 32-90A, 32-91, 32-92, 32-93, 32-101, 32-102, 32-2043, 32-2045, 32-11224, 32-13212, and 32-13348 when combined shall not exceed a total diversion rate of 79.43 cfs. |
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Diversion and use of water under this right is contingent upon the right holder satisfying conditions 7 through 11 of Amended Licenses 32-7128 and 32-7136, issued on June 4, 2008. |
| 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. 32D. |
| 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). |
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This right is subject to all applicable provisions of Section 42-234, Idaho Code. |
| 920 |
Pursuant to Section 42-234(4), Idaho Code, to ensure that other water rights are not injured by the operations of the recharge project authorized by this right, the Director has authority to approve, disapprove, or require alterations in the methods employed to achieve ground water recharge. |
| 921 |
Pursuant to Section 42-234(3), Idaho Code, the Director may reduce the amount of water that may be diverted for recharge purposes under this right even though there is sufficient water to supply the entire amount authorized for appropriation under this right. |
| 922 |
This approval does not constitute approval by the Idaho Water Resource Board, which may also be required pursuant to Section 42-1737, Idaho Code. |
| 923 |
The right holder shall record the daily quantity of water diverted for ground water recharge and shall report the diversion data for the prior calendar year to the Department by February 1 each year. Reporting shall occur in the manner specified by the Department, consistent with Section 42-701, Idaho Code. To facilitate this reporting requirement, the right holder shall install and maintain a totalizing measuring device approved by the Department at each point of diversion and at each point where water is delivered from the conveyance system into a designated recharge site. |
| 924 |
Consistent with Section 42-234(5), Idaho Code, seepage from canals incidental to or coincident with delivery of irrigation water shall not be considered ground water recharge under this right. Canal seepage will be considered to be ground water recharge only when the canals are not conveying water for irrigation or other beneficial uses. |
| 929 |
This right is not an authorization for the described recharge effort to be used as mitigation or credit for any other purpose. The sufficiency of the recharge effort authorized under this right for mitigation or credit for some other purpose may be determined by the Department upon proper submission of a mitigation plan pursuant to the Department’s Rules of Conjunctive Management of Surface and Ground Water Resources, a mitigation plan to offset depletion in association with a water right application, a Management Program pursuant to Idaho Code Section 42-1416B, or any other proposal to utilize credit for the recharge effort. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |