| Code |
Condtions |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Rights 36-15665, 36-15667, 36-15669, 36-8731 and 36-16240 shall not exceed 0.15 cfs, nor a total combined annual volume of 28.5 afa. |
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The water right holder shall maintain control of the necessary portion of right 37-21318 for mitigation purposes under Transfer approval 69149. If the necessary portion of the mitigation right 37-21318 is sold, transferred, leased, used on any place of use or is not deliverable due to 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 right. |
| 115 |
Prior to the diversion and use of water under Transfer approval 69149, 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. |
| 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. |
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Commercial use is for a dairy with barn located in the SWSW S28, T07S, R17E, B.M. |
| WD8 |
The place of commercial use authorized by this approval includes land upon which wastewater may be applied for irrigation purposes to satisfy water quality requirements. Water diverted under this approval shall not be used for irrigation unless the water is first used in the dairy as authorized by these water rights. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
| 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 |
The diversion and use of water described in Transfer 69149 may be subject to additional conditions and limitations agreed to by the protestant(s) and the right holder under separate agreement to which the Department is not a party and which may be enforceable by a court of law. |
| 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 69149. 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. |