| Code |
Condtions |
| X35 |
Rights 37-20854 and 37-20855 when combined shall not exceed a total diversion rate of 0.23 cfs. |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Rights 37-20854, 37-20855, 37-20856, and 37-10793 shall not exceed 0.40 cfs, nor a total combined annual volume of 64.8 afa subject to the scheduled limits described below. |
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Beginning on the date of approval of Transfer 69339, Rights 37-20854, 37-20855 and 37-20856 when combined are limited to the following schedule of allowed diversion volume. The diversion of water shall be evenly distributed throughout the authorized season of use, except that minor variations are allowed for seasonal fluctuations in water requirements. The right holder shall file a notice of intent with the Department prior to increasing the annual diversion volume each time an increase according to the schedule is sought.
Years 1 through 6 the rights are limited to 32.0 afa.
Years 7 through 9 the rights are limited to 36.5 afa.
Years 10 through 14 the rights are limited to 38.8 afa.
Years 15 through 18 the rights are limited to 41.1 afa.
Years 19 through 26 the rights are limited to 43.4 afa.
Years 27 through 34 the rights are limited to 45.7 afa.
Years 35 through 42 the rights are limited to 48.0 afa.
Years 43 and beyond the rights are limited to 50.2 afa.
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| 115 |
Prior to the diversion and use of water under Transfer approval 69339, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications. |
| 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. |
| T18 |
Prior to diversion of water under this approval, the right holder shall provide a lockable controlling works for all authorized points of diversion. The controlling works must be suitable for control of the diversions and acceptable to the watermaster. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
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Commercial use is for a dairy with barn located in the NWSE, S36, T6S, R14E. |
| WD8 |
The place of commercial use authorized by this approval includes land upon which wastewater may be applied for irrigation purposes to satisfy water quality requirements. Water diverted under this approval shall not be used for irrigation unless the water is first used in the dairy as authorized by these water rights. |
| 106 |
Prior to the diversion of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. |
| 082 |
Prior to the diversion of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 020 |
Use of water under this right may be affected by an agreement between the protestant and the right holder. |
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The model used to calculate depletion effects and mitigation for the Milner to King Hill 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 this transfer approval. 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.
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| 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. |