| Code |
Condtions |
| X35 |
Rights 36-7314A, 36-7314B and 36-7314C when combined shall not reduce the total flow of Billingsley Creek more than 20.0 cfs in the reach that begins immediately above the 36-7314A diversion point within the NESENW S11, T7S, R13E and ends immediately below the 36-7314B and 36-7314C diversion points within the NWSENW S11, T7S, R13E.
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A total of 20.00 cfs is authorized for diversion from Billingsley Creek in the NESENW S11, T7S, R13E under right 36-7314A for use in a commercial fish hatchery. The waste water or return flows from this hatchery is injected back into Billingsley Creek. A total of 5.00 cfs is authorized for re-diversion from Billingsley Creek under right 36-7314C at 2 points in the NWSENW S11, T7S, R13E. A total of 15.00 cfs is also authorized for re-diversion at these same two points of diversion under right 36-7314B. At times when right 36-7314A is not diverted, rights 36-7314B and 36-7314C may be diverted so long as the total combined diversion rate does not exceed 20.00 cfs.
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Rights 36-7314B, 36-7314C and 36-7282 are limited to a total diversion rate of 56.00 cfs. |
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This right is based upon an enlargement of Rights. 36-7314A & 36-7314B pursuant to Sec. 42-1426, Idaho Code. |
| C11 |
This water right is subordinate to all water rights with a priority date earlier than April 12, 1994, that are not decreed as enlargements pursuant to Section 42-1426, Idaho Code. As between water rights decreed as enlargements pursuant to Section 42-1426, Idaho Code, the earlier priority right is the superior right. |
| T18 |
Prior to diversion of water under this approval, the right holder shall provide a means of measurement and lockable controlling works at all points of diversion. The means of measurement and controlling works must be suitable for control of the diversions and acceptable to the watermaster. |
| 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. 36A. |
| X36 |
Rights 36-37A, 36-37B, 36-7282, 36-7314B, 36-7750A, 36-7750B, 36-16171, 36-16180 and 36-16194 are also diverted through the points of diversion described above. |
| 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. |