| Code |
Condtions |
| X35 |
Rights 36-15206, 36-15207 and 36-16752 when combined shall not exceed a total diversion rate of 0.65 cfs and a total annual maximum diversion volume of 68.9 af. |
|
Right 36-7605 is used for mitigation purposes for right 36-16752 under transfer approvals 73740 and 76955. |
| 116 |
The water right holder shall maintain control of the necessary portion of right 36-7605 for mitigation purposes under Transfer approval 76955. If the necessary portion of the mitigation right is sold, transferred, leased, used on any place of use, or are not deliverable due to a 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 rights. |
| 114 |
The model used to calculate depletion effects and mitigation for the Thousand Springs 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 73740. 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. |
| 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 73740, 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. |
| 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. |
| 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. |
| 082 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 106 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture. |
| 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. |