| Code |
Condtions |
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As mitigation for potential injury that might otherwise occur as a result of Transfer No. 3868, no water shall be diverted under Right No. 36-02907. Use of Water Right No. 36-02907 for mitigation purposes under Transfer No. 3868 shall be deemed by the department to constitute a beneficial use of water. By approval of Transfer No. 3868, mitigation right No. 36-02907 with a rate of diversion of 0.80 cfs and an annual volume of 120 af for the irrigation of 40 acres shall be considered appurtenant to the same place of use as authorized by this transfer. Approval of Transfer No. 3868 contingent upon the mitigation herein provided shall not be deemed conclusive as to the adequacy of the mitigation in the event of a priority call affecting the diversion and use of water under water Right No. 36-08760. The remaining portion of Right No. 37-07031D in excess of the amount approved for transfer by Transfer No. 3868 shall be considered abandoned.
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| X27 |
This right is limited to the irrigation of 76 acres within the place of use described above in a single irrigation season. |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Rights 36-2907, 36-7157A and 36-8760 shall not exceed 4.82 cfs, nor total combined annual volume of 1304 af, for the irrigation of of 326 acres. |
| R64 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for irrigation of the lands above. |
| X61 |
The period of use for the irrigation described in this approval may be extended to a beginning date of 3/15 and an ending date of 11/15 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 4/1 and after 10/31 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than the date of this approval. |
| 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. |
| R43 |
The right holder shall maintain lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion. |
| 131 |
Prior to the diversion and use of water under Transfer approval 70489, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion and 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. |
| 067 |
The right holder shall measure and annually report diversions of water and/or other pertinent hydrologic and system information as required by Section 42-701, Idaho Code. |
| 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 (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. |