| Code |
Condtions |
| X35 |
Rights 34-2401A and 34-4015 when combined shall not exceed a total annual maximum diversion volume of 969.5 af and the irrigation of 277 acres. |
| X35 |
Rights 34-2401A, 34-2459, 34-2460, 34-2461, 34-2462, 34-4015, 34-7037, and 34-10925 when combined shall not exceed a total diversion rate of 29.84 cfs and a total annual maximum diversion volume of 9411 af. |
| X35 |
Rights 34-2401A, 34-2459, 34-2460, 34-2461, 34-2462, 34-4015, 34-7037, 34-7138, and 34-10925 when combined shall not exceed the irrigation of 2223.8 acres. |
| 186 |
Diversion of water from the additional well authorized under Transfer 82318 located in NESWSW, Sec. 26, T04N, R26E shall not exceed a maximum diversion rate of 10 cfs.
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| 186 |
Diversion of water from the wells authorized under Transfer 82318 located in NWNENW Sec. 15 and SENWSW Sec. 34, T5N, R26E, and NESENW Sec. 3, T4N, R26E shall not exceed a total combined maximum diversion rate of 17.34 cfs and a total annual maximum diversion volume of 5349 af. |
| 186 |
Diversion of water from the wells authorized under Transfer 82318 located in NESWSW Sec 26, T04N R26E; SWSENW, SENESW, and SWNWSW Sec 2, NENESE Sec 3, SWSESW Sec 1, and NWNWNW Sec 12, T03N R26E, shall not exceed a total annual maximum diversion volume of 5306 af. |
| 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 place of use. |
| 214 |
Prior to the diversion and use of water under Transfer approval 82318, the right holder shall install and maintain acceptable measuring device(s) at the authorized point(s) of diversion in accordance with Department specifications, or shall obtain an approved variance from the Department to determine the amount of water diverted from power records or to maintain an existing measuring device. |
| 213 |
Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage information at the authorized point(s) of diversion in accordance with Department specifications. |
| 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. |
| R02 |
A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will provide the watermaster suitable control of the diversion. |
| G01 |
Point of injection into and point of rediversion from Big Lost River. |
| 020 |
The diversion and use of water described in Transfer 82318 may be subject to additional conditions and limitations agreed to by the protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
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| 046 |
Right holder shall comply with the drilling permit requirements of Idaho Code § 42-235 and applicable Well Construction Rules of the Department. |
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The right holder shall construct the new well (the "Hansen Well") located in the NESWSW, Sec. 26, T4N, R26E, such that it shall either (1) be fully cased (no perforations in the casing) down to a depth of 100 feet below land surface and during the well construction have passed through a significant clay layer (one that is thicker than 10 feet as is described in the January 11, 2019 memo from Dennis Owsley specific to Transfer No. 82318); or (2) be fully cased (no perforations in the casing) down to a depth of 170 feet below land surface if no significant clay layer is encountered during the well construction. The Hansen Well must be sealed in accordance with IDAPA 37.03.09.025.07 down to the depth where perforations can begin. Specifically, the annular seal must be a minimum of 2 inches nominal in thickness for grout all around the casing (the grout will be tremied from the bottom up). If a dry bentonite seal is installed in lieu of a grout seal it must be installed to the casing depth (either down to 100 feet or 170 feet as described in this condition) in accordance with IDAPA 37.03.09.025.07 for dry bentonite, which requires that the nominal borehole diameter be at least 4 inches larger than the nominal casing diameter. Dry granular bentonite may not be placed through water and therefore may not be placed below the water table. If bentonite chips are used, they may be placed below the water table. However, if the seal extends 50 feet or greater below the water table, the nominal borehole diameter must be at least 6 inches greater than the nominal casing diameter as per IDAPA 37.03.09.025.07.g. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year 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 Idaho Code § 42-1412(6), 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014. |