| Code |
Condtions |
| X27 |
This right is limited to the irrigation of 2 acres within the place of use described above in a single irrigation season. |
| X35 |
Rights 37-21177 and 37-21409 when combined shall not exceed a total diversion rate of 0.27 cfs, a total annual maximum diversion volume of 22 af and the irrigation of 7 acres. |
| 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 |
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. |
| 140 |
Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water. |
| 170 |
To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and amounts specified below. Moreover, the official record for the following water right(s) will be changed to show that diversion and use of water is not authorized because the rights, or portion(s) thereof, are being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation
Right No. to Mitigation Rate Acres
37-21114 Irrigation 0.08 cfs 2
The land that will no longer be irrigated under this right is located within the SENW, Section 10, Twp. 2N, Rge. 18E, B.M.
If the specified mitigation rights, or portions thereof, are sold, transferred, leased, used on any other place of use, or are not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this permit approval shall be reduced by the same proportion as the reduction to the mitigation rights. |
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The portion of right 37-21114 (portion of water right no. 37-0577) committed to mitigation for the diversion of right 37-21177 shall be managed as a surface water diversion, and the pump for right 37-21177 shall be the regulating structure for management. When the pump is on, the mitigating portion of 37-21114 (portion of water right no. 37-0577) shall be considered as a constant diversion from the Big Wood River. The point of diversion for right 37-21114 (portion of water right no. 37-0577) from the Big Wood River shall be changed from the point of diversion for the Hiawatha Canal in the SWNW, Section 20, Twp. 3N, Rge. 18E, B.M. to the location on the river closest to the point of diversion for right 37-21177 determined to be within the NESESE, Section 22, Twp. 2N, Rge. 18E, B.M. |
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The portion of right 37-21114 (portion of water right no. 37-0577) used for mitigation purposes shall be listed as a consumptive right in the water district decree book for the Big Wood River above Magic Reservoir. The mitigating flow amount of right 37-21114 (portion of water right no. 37-0577) shall be administered as a Big Wood River surface right, with the point of diversion considered as the location on the river closest to the point of diversion for right 37-21177, as described in the right. The right shall be considered delivered, or on, when the pump for right 37-21177 is in use. |
| R59 |
This right when combined with all other rights shall provide no more than 3.5 afa per acre at the field headgate for irrigation of the lands above. |
| 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 |
Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required because use of water pursuant to this right is either non-consumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. |
| 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. |