| Code |
Condtions |
| 116 |
The water right holder shall maintain control of rights 36-16380 and 35-14253 for mitigation purposes under Transfer approval 77387. If the mitigation rights are sold, transferred, leased, used on any place of use, or are not deliverable due to a priority call, then the amount of water authorized for diversion under this transfer approval shall be reduced by the same proportion of the amount reduced under the mitigation rights. |
| 170 |
To mitigate for the depletion of water resulting from the use of water under Transfer 77387 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. Moreover, the official record for the following water rights will be changed to show that diversion and use of water is not authorized because the rights are being dedicated to mitigation purposes.
Use Changed Irrigation Mitigation Mitigation
36-16380 to Mitigation 0.11 cfs 21.2 AF 5.3 Acres
35-14253 to Mitigation 0.06 cfs 16.0 AF 4.0 Acres
The lands that will no longer be irrigated under these rights are located within the NWSW, Section 36, Township 01S, Range 33E, B.M (4.0 acres) and 5.3 acres within a 385-acre place of use covering Sections 24 & 25, Township 08S, R21E and Section 30, Township 08S, Range 22E.
In addition, a portion of 36-16907 will be changed as follows, to be left undiverted at the site of Jerome Cheese:
36-16907 to Mitigation 0.08 cfs 23.2 AF 5.8 Acres
If the specified mitigation rights 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. |
| 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. |
| 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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 214 |
Prior to the diversion and use of water under Transfer approval 77759, 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. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one years of the date of this approval. |
| 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. |
| T19 |
Pursuant to Section 42-1412(6), Idaho Code, 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 may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree. |
| 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. |