| Code |
Condtions |
| X35 |
Rights 34-7595, 34-583B, 34-699B, 34-702B, 34-703B, 34-704B, 34-14582, 34-14583, 34-14584, 34-14585 and 34-14586 when combined shall not exceed a total diversion rate of 5.21 cfs and the irrigation of 156.2 acres. |
| R05 |
Use of water under this right may 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. |
| 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). |
| 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 rights for the purposes and amounts specified below.
Water Right Rate (cfs) Acres
34-583B 0.80 40
34-699B 0.16 8
34-702B 0.426 21.3
34-703B 1.40 70
34-704B 0.94 100.2
34-14582 0.50 93.2
34-14583 0.29 50.4
34-14584 0.77 134.7
34-14585 0.35 17.5
34-14586 2.05 93.2
Total 5.21 cfs 156.2 acres
The water normally delivered under these rights shall remain undiverted in Warm Springs Creek and the Big Lost River in any year that ground water is diverted under this right.
If the specified mitigation rights, or any portion thereof, are 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 amount of water authorized for diversion under this right approval shall be reduced by the same proportion as the reduction to the mitigation rights. |
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The mitigation rights listing Warm Springs Creek as the authorized source shall be subject to terms and limitations contained in the Stipulation, Settlement, and Joint Motion for Order filed with the Department on October 12, 1999, in the matter of Application for Permit No. 34-07591, in the name of L & S Partners, and the Preliminary Order of the Department issued on November 18, 1999. |
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The right holder is entitled to cease use of this ground water right and resume use of the surface water mitigation rights upon request in writing to the Water District 34 watermaster prior to the beginning of the irrigation season. The right holder shall not irrigate the 156.2 acres described in this right with surface water and ground water in the same irrigation season. |
| 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. |
| 933 |
This right is for the use of trust water, and it is subject to review 5 years after its initial approval (May 19, 2000) to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water. |
| 935 |
Use of water pursuant to this right is either nonconsumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required. |