| Code |
Condtions |
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At the time of Transfer Approval 89548, this right is not mitigated for and does not authorize the diversion of water. If the right holder desires to divert under this right, the right holder may propose a mitigation plan. The mitigation plan must be provided to the Department no later than December 1st in the year immediately prior to the irrigation season where the mitigation plan is proposed to be implemented. The Department will advertise the mitigation plan to the public and the protestants shall have the right to challenge the mitigation plan. If the mitigation plan is not approved by the Department, the right holder shall not divert under this right. |
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By December 1st of each year, the right holder shall provide a written report to the Department describing the number and location of acres irrigated that year, the volume of water diverted under this right, the source of mitigation for the next irrigation season, and the number and location of acres proposed to be irrigated in the following year. |
| X27 |
This right is limited to the irrigation of 369.1 acres within the authorized place of use in a single irrigation season. |
| X35 |
Rights 35-14241 and 35-7914 when combined shall not exceed a total diversion rate of 6.46 cfs. |
| R64 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the place of use. |
| 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. 120. |
| 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. |
| 214 |
Prior to the diversion and use of water under Transfer approval 89548, 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. |
| 020 |
The diversion and use of water described in this right 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. |
| 933 |
This right is for the use of trust water, and it is subject to review 5 years after the date of permit approval 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 |
Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. |
| 140 |
Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water. |
| 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. |