Priority Date : 7/29/2002
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
GROUND WATER
08N
22E
25
0
NW
SW
CUSTER
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
05/01
10/15
1.50 CFS
262.50 AFA
TOTAL
1.50 CFS
262.50 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (CUSTER county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
08N
22E
25
SW
NW
37.0
08N
22E
25
NW
SW
38.0
Irrigation Totals
Total Acres
Acre Limit
75.00
Conditions
Code
Condtions
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. 34.
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.
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.
R55
This right is for the use of trust water and is subject to review 20 years after the issuance of the permit to determine availability of water and to re-evaluate the public interest.
170
To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall cease diverting and using water as authorized by the following water right 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 right, or portion thereof, is being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation Mitigation
Right Nos. to Mitigation Rate Volume Acres
34-483B Irrigation 1.50 cfs 262.5 ac-ft 75
The land that will no longer be irrigated under this right is located within the SWNW, Section 25, Township 08N, Range 22E, B.M. and NWSW, Section 25, Township 08N, Range 22E, B.M.
Diversion under this right is authorized only during those times when the full rate of mitigation water (1.50 CFS) is available for delivery from Warm Springs Creek. 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 diversion of ground water under this right shall cease in its entirety.
In addition, the place of use on the official record for associated water rights 34-123B and 34-124B will be reduced to exclude the 75 acres authorized for irrigation under this right.
The official record for associated water right 34-125B will be changed by reducing the place of use by the 75 acres authorized for irrigation under this right. In order to prevent injury to other users on Neilsen Ditch, the diversion rate for 34-125B will not be reduced.
Existing combined use limitations will be revised as well. Rights 34-123B, 34-124B, 34-125B, 34-483B, and 34-2320 when combined shall not exceed a total diversion rate of 4.96 cfs, a total annual maximum diversion volume of 785.8 af at the field headgate, and the irrigation of 219.5 acres.