| Code |
Condtions |
| X35 |
Rights 36-15745 and 36-15747 when combined shall not exceed a total diversion rate of 0.36 cfs. |
| 113 |
Beginning on the date of approval of Transfer 69357, Rights 36-15745, 36-15747 and 36-15749 when combined are limited to the following schedule of allowed diversion volume. The diversion of water shall be evenly distributed throughout the authorized season of use, except that minor variations are allowed for seasonal fluctuations in water requirements. The right holder shall file a notice of intent with the Department prior to increasing the annual diversion volume each time an increase according to the schedule is sought.
Years 1 through 5 the rights are limited to 48.4 afa.
Years 6 through 10 the rights are limited to 56.9 afa.
Years 11 through 15 the rights are limited to 64.2afa.
Years 16 through 20 the rights are limited to 69.0 afa.
Years 21 through 29 the rights are limited to 72.6 afa.
Years 30 through 40 the rights are limited to 77.5 afa.
Years 41 through 50 the rights are limited to 78.7 afa.
Years 51 through 70 the rights are limited to 79.9 afa.
Years 71 and beyond the rights are limited to 81.1 afa. |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Rights 36-8532, 36-14833, 36-14834, 36-14835, 36-15757, 36-15745, 36-15747 and 36-15749 shall not exceed 0.69 cfs, nor total combined annual volume of 111.7 af. |
| 212 |
Prior to diversion and use of water under Transfer approval 78769, the right holder shall install and maintain acceptable measuring device(s) at the authorized point(s) of diversion, in accordance with Department specifications. |
| 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. |
| 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. |
| 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. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
|
Commercial use is for a dairy with barn located in the SWSE and SESE S4, T8S, R17E. |
| 106 |
Prior to the diversion of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. |
| 082 |
Prior to the diversion of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 020 |
Use of water under this right may be affected by an agreement between the protestant and the right holder. |
| 114 |
The model used to calculate depletion effects and mitigation for the Milner to King Hill reach may also show gains in other reaches of the Snake River. Such gains have not been quantified at this time. The right holder retains the right to seek quantification of such gains resulting from Transfer approval 69357. Protestants retain the right to object to the quantification of such gains. If such reach gains are quantified and acknowledged by the Department, credits for such gains shall be available for use only after the Department has implemented a system for administering such credits. |
| 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. |
| 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. |