| Code |
Condtions |
| X54 |
The portion of Right 36-10301 in excess of 149.2 acres and 596.8 afa shall be considered forfeited through approval of Transfer 75670. |
| 205 |
The approval of this transfer redefines certain elements of this water right, and the new use of water authorized by this approval shall constitute the full extent of the right. |
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This right is limited to providing the primary source of water for 110 acres and the supplemental source of water for an additional 39.2 acres with appurtenant North Side Canal Co. shares.
At the time of approval of transfer 75670, no North Side Canal Co. shares are associated with the authorized place of use. Until such time that 39.2 North Side Canal Co. shares or other surface water or ground water right(s) providing a similar supply are made appurtenant by transfer to the place of use of this right, this right is limited to the irrigation of no more than 110 acres within the 149.2 acre place of use.
Until such time as other primary right(s) are made appurtenant to the 39.2 acres as described above, the specific 110 acres primarily irrigated by this right shall be identified prior to use by submittal of a land list and a representative electronic shape file or by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with this right in the geographic information system component of the water rights database maintained by the Department. Before changing the 110 acres primarily irrigated by ground water under this right within the 149.2 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur. |
| 065 |
The right holder shall make full beneficial use of all surface water rights available to the right holder for irrigation of the 39.2 acres primarily irrigated from surface water but authorized to be irrigated under this right to supplement surface water rights. The right holder shall limit the diversion of ground water to the 39.2 acres supplemented under this right to those times when the surface water supply is not available or the surface water supply is not reasonably sufficient to irrigate the place of use authorized under this right. |
| 104 |
If the surface water right(s) appurtenant to the 39.2 acres supplemented by this right is abandoned, forfeited, sold, transferred, leased or used on any other place of use, this right to divert ground water to supplement the 39.2 acres shall not be used on the 39.2 acres as a primary source of water without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required. |
| 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 lands above. |
| 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. 130. |
| 214 |
Prior to the diversion and use of water under Transfer approval 75670, the right holder shall install and maintain an acceptable measuring device at the authorized point 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 a data logger to record water usage information at the authorized point of diversion in accordance with Department specifications. |
| 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 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. |