| Code |
Condtions |
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During the period from March 16 of each year to September 15 of the year, the right holder may only divert 8 cfs when the flow in Riley Creek immediately downstream of the Conyer Ditch (Le Moyne Diversion) is equal to or less than 45 cfs. When the flow in Riley Creek is greater than 45 cfs immediately downstream of the Conyer Ditch (Le Moyne Diversion), the right holder may divert 8 cfs and any amount in excess of 45 cfs up to a total of 16 cfs (subject to other conditions). |
| X35 |
Rights 36-1, 36-2, 36-7741, 36-8729, and 36-8785 when combined shall not exceed a total diversion rate of 38.45 cfs and a total annual maximum diversion volume of 27,800 af. |
| 027 |
Use of water under this right shall be non-consumptive. |
| R05 |
Use of water under this right may 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. |
| R43 |
The right holder shall maintain a measuring device and lockable controlling works of a type acceptable to the Department as part of the diverting works. Additionally, the right holder shall maintain a measuring device or rated section in Riley Creek to measure the flows of Riley Creek and insure the bypass below the Conyer Ditch (Le Moyne Diversion) as described in the conditions of this right. |
| R11 |
Should the use of the water under this right reduce the quality of water available to prior water rights and make it unusable to satisfy the prior appropriations, the right holder shall cease diversion under this right. |
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This right does not authorize construction of new fish propagation facilities or expansion or enlargement of wildlife, recreation or aesthetic ponds or features not already authorized under existing rights held by the right holder. (See rights 36-7741 and 36-8729) |
| 122 |
The right holder shall not divert water at a rate exceeding what is reasonably necessary for the beneficial use authorized by this right. |
| X13 |
The Director retains jurisdiction to require a bypass flow for maintenance of fish, wildlife, riparian and aquatic habitat. |
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Portions of the place of use in Sections 33 & 34 of Township 7S Range 13E are located within Government Lots, Mineral Survey 306, and/or Mineral Survey 801. The quarter quarter descriptions identified in the place of use reflect the projected location using the current version of GCDB on the date of Transfer approval 82924. The Government Lot and/or Mineral Survey descriptions constitute the legal place of use. |
| 020 |
The diversion and use of water described in water right 36-8785 may be subject to additional conditions and limitations agreed to by the Idaho Department of Fish and Game and the right holder under separate agreement dated July 26, 2004, to which the Department is not a party and which may be enforceable by a court of law. |
| R23 |
This water right shall be junior and subordinate to other rights for the use of water, other than fish propagation, wildlife, recreation, aesthetic purposes, and hydropower in the State of Idaho that are initiated later in time than the priority date of this right and shall not give rise to any claim against any future rights for the use of water, other than fish propagation, wildlife, recreation, aesthetic uses, or hydropower within the State of Idaho initiated later in time than the priority of this right. |
| 933 |
This right is for the use of trust water, and it is subject to review 20 years after its initial approval (date of permit approval) to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water. |
| 935 |
Use of water pursuant to this right is either nonconsumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required. |
| 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. |