| Code |
Condtions |
| 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. 37. |
| R43 |
Upon notification the right holder shall maintain a measuring device and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion(s). |
|
Rights 37-20653 and 37-20654 authorize wildlife storage ponds with a total surface area not to exceed 46.4 acres. This surface area encompasses pre-existing wetland areas in the amount of 26.2 acres with no pre-existing storage capacity. |
|
The right holder shall divert 81 AF of water to storage each year in accordance with Rights 37-20636, 37-20638, 37-20640, 37-20642, 37-20644, 37-20646, 37-20648, 37-20650, and 37-20652, as they were approved in Transfer 69756, to mitigate evaporative losses associated with this right. If the specified mitigation rights, or portions thereof, are not used or are not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this right shall be reduced by the same proportion as the reduction to the mitigation rights. |
| X35 |
Rights 37-20653 and 37-20654 when combined shall not exceed a maximum diversion rate for ground water recharge of 35.10 cfs and a total annual volume for ground water recharge of 4,150 af; a maximum diversion rate for wildlife of 30.70 cfs and a total annual diversion volume for wildlife of 3,580 af; and a total maximum storage volume for wildlife storage of 150 af. |
|
The ground water recharge portion of this right is subject to all prior water rights, including those water rights for power purposes that may otherwise be subordinated by contract entered into by the governor and Idaho Power Company on October 25, 1984, and ratified by the legislature pursuant to Section 42-203B, Idaho Code. |
|
Pursuant to Section 42-4201A(3), Idaho Code, the Director may reduce the amount of water diverted for recharge purposes under this right even though there is sufficient water to supply the entire amount authorized for appropriation under this right. |
|
To insure that other water rights are not injured by the operations of the recharge project authorized by this right, the director retains jurisdiction to approve, disapprove, or require alterations in the methods employed to achieve ground water recharge. |
|
The use of water for ground water recharge purposes under this right does not provide a right to recover ground water for any purpose nor a credit as mitigation for diversion associated with any existing or future water right. |
| 176 |
The source of water diverted under this right is waste water and is subject to the right of the original appropriator, in good faith and in compliance with state laws governing changes in use and/or expansion of water rights, to cease wasting water, to change the place of use or manner of wasting it, or to recapture it. |
|
Water diverted under this right is wastewater from the Baseline Canal. |
|
Right holder shall not divert or impound any water source, other than wastewater, under this right. |
| 933 |
This right is for the use of trust water, and it is subject to review 20 years after its initial 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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |