| Code |
Condtions |
| X35 |
Rights 36-10845 and 36-8478 when combined shall not exceed a total diversion rate of 0.37 cfs and a total annual maximum diversion volume of 35.1 af. |
| 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. |
| 115 |
Prior to the diversion and use of water under Transfer approval 71004, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications. |
|
Rights 36-10845, 36-16196, 36-16198, and 36-8478 when combined shall not exceed a total diversion rate of 0.66 cfs and a total diversion volume of 88.1 afa except as modified below. |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Rights 36-10845, 36-16196, 36-16198 and 36-8478 shall not exceed 0.66 cfs, nor a total combined annual volume of 88.1 afa except as modified below. |
|
Beginning on the date of approval of Transfer 71004, Rights 36-16196, 36-16198, 36-10845 and 36-8478 when combined were limited to the following schedule of allowed diversion volume. The diversion of water was to be evenly distributed throughout the authorized season of use, except that minor variations were allowed for seasonal fluctuations in water requirements. The right holder was to file a notice of intent with the Department prior to increasing the annual diversion volume each time an increase according to the schedule was sought. Year 2004 the rights were limited to 64.2 afa. Year 2005 the rights were limited to 78.6 afa. Year 2006 through 2007 the rights were limited to 82.2 afa. Year 2008 through 2012 the rights were limited to 88.3 afa. Year 2013 through 2017 the rights were limited to 90.1 afa. Year 2018 through 2022 the rights were limited to 91.9 afa. Year 2023 through 2031 the rights were limited to 93.1 afa. Year 2032 through 2042 the rights were limited to 94.3 afa. Year 2043 and beyond the rights were limited to 96.1 afa.
As a result of the approval of Transfer 79202, rights 36-16196, 36-16198, 36-10845 and 36-8478 when combined were limited to the following schedule of allowed diversion volume. Year 2014 through 2017 the rights were limited to 83.7 afa. Year 2018 through 2022 the rights were limited to 85.5 afa. Year 2023 through 2031 the rights were limited to 86.7 afa. Year 2032 through 2042 the rights were limited to 87.9 afa. Year 2043 and beyond the rights were limited to 89.7 afa.
As a result of the approval of Transfer 87083, which split off an eventual 1.6 afa portion of rights 36-8478 and 36-10845 for a separate system, creating rights 36-17236 and 36-17235 which are limited to the following schedule of allowed diversion volume. Year 2023 through 2031 the rights are limited to 1.5 afa. Year 2032 and beyond the rights are limited to 1.6 afa. This also resulted in rights 36-16196, 36-16198, 36-10845 and 36-8478 when combined being limited to the following schedule of allowed diversion volume. Year 2023 through 2031 the rights are limited to 85.2 afa. Year 2032 through 2042 the rights are limited to 86.3 afa. Year 2043 and beyond the rights are limited to 88.1 afa.
|
| T07 |
The right holder shall accomplish the change authorized by this transfer within one (1) 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. |
| T18 |
Prior to diversion of water under this approval, the right holder shall provide a lockable controlling works for all authorized points of diversion. The controlling works must be suitable for control of the diversions and acceptable to the watermaster. |
| 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. |
| T20 |
Approval of this transfer does not confirm the validity of this water right. |