| Code |
Condtions |
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A measuring device and lockable controlling works of a type acceptable to the Department shall be permanently maintained at the point of diversion from the Big Wood River. |
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The right holder shall monitor the effect of return flows on the temperature of the Big Wood River in accordance with the rules and regulations of the Department Environmental Quality and in accordance with the agreement with protestant. The Director may require other water quality monitoring if necessary, to protect the local public interest. Use of water under this right, when combined with other recreational, aesthetic, hydropower, fish propagation or other traditional "non-consumptive uses" of water must not cause a significant degradation of water quality in the Big Wood River and its tributaries. |
| R43 |
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. |
| X35 |
Rights 37-4265, 37-8535, 37-20441 and 37-21176 when combined shall not exceed a total diversion rate of 10.00 cfs. |
| X36 |
Rights 37-4265, 37-8535, 37-20441 and 37-21176 are also diverted through the point of diversion described above. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 020 |
Use of water under this right may be affected by an agreement between the protestant and the right holder. |
| 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. |
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Measuring devices acceptable to the Department shall be permanently maintained at the point of rediversion from the Cliffside Homeowners Assn. Inc.water system and at the point of discharge to the Big Wood River or a hydraulically connected side channel of the Big Wood River. |
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When delivery of water pursuant solely to this right is not possible because of earlier priority rights, including minimum stream flows, water diverted pursuant to Right 37-4265 may be delivered through the place of use for this right only if: a) losses incurred from the point of diversion from the Big Wood River to the point of discharge of the water diverted under Right 37-4265 are fully compensated, if such compensation is then required for the use of water under Right 37-4265, b) the water is discharged directly to the actively flowing channel of the Big Wood River or into a hydraulically connected side channel of the Big Wood River, and c) mitigation is provided as described below. |
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Water diverted under Right 37-20440 is used in combination with this right to mitigate losses of water resulting from the use of this right. From April 15 to October 31 each year water shall not be diverted under this right except when water is being diverted under Right 37-20440 for mitigation purposes. From November 1 to April 14 each year, water may be diverted under this right without mitigation. |
| WB9 |
Water shall not be diverted under this right when flows in the Big Wood River are below established minimum flow amounts of 189.00 cfs, as established by Rights 37-7919 and 37-8307. |
| X35 |
Rights 37-20441 and 37-21176 when combined shall not exceed a total annual maximum diversion volume of 2,317 af at the field headgate. |