| Code |
Condtions |
| X35 |
Rights 36-16242 and 36-16244 when combined shall not exceed a total diversion rate of 0.32 cfs. |
| 113 |
Beginning on the date of approval of Transfer 71604 Rights 36-16242 and 36-16244 when combined are limited to the following schedule of allowed diversion volume from all points of diversion. 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 volume each time an increase according to the schedule is sought.
Year 2005 the rights are limited to 42.6 afa.
Years 2006 through 2008 the rights are limited to 49.2 afa.
Years 2009 through 2019 the rights are limited to 52.5 afa.
Years 2020 through 2039 the rights are limited to 55.8 afa.
Year 2040 and beyond the rights are limited to 59.0 afa. |
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All annual diversions shall be reported to IDWR through Water District 130. At the discretion of the WD130 Watermaster, annual diversions may be reported to WD130 through the North Snake Ground Water District. |
| 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 71604. 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. |
| 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. 130. |
| 082 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
| 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. |
| F06 |
The following rights are diverted through point(s) of diversion described above: 36-4157F, 36-14152, 36-16242, 36-16244, and 36-16915 . |
| 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. |
| 214 |
Prior to the diversion and use of water under Transfer approval 77523, 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. |
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Commercial use is for a feedlot operation. |