| Code |
Condtions |
| R22 |
The rights for the use of water confirmed in this license shall be junior and subordinate to all rights for the use of water other than hydropower, within the State of Idaho that are initiated later in time than the priority of this right and shall not give rise to any right or claim against any future rights for the use of water, other than hydropower, within the State of Idaho initiated later in time than the priority of this right. |
| 913 |
The term of this water right shall run concurrently with the Little Wood River Ranch II Hydropower Project No. 14154 license issued by the Federal Energy Regulatory Commission (FERC), which expires on April 16, 2063. The term shall automatically extend to run concurrently with any annual renewals of the project's FERC license. Prior to the issuance of a subsequent or new FERC license for the project, the Director may review the water right license and may issue an order canceling all or any part of the use, establishing a new term, or revising, adding or deleting conditions under which the water right may be exercised. The order shall take effect on the date the current term, as may be extended through annual renewals, expires. If the Director does not issue such an order, the term shall automatically extend to a length equal to the project's subsequent or new FERC license and any prior conditions on the water right license shall remain in effect. |
| 025 |
This right does not constitute Idaho Public Utilities Commission or Federal Energy Regulatory Commission approval that may be required. |
| 027 |
Use of water under this right shall be non-consumptive. |
| 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. |
| R02 |
A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will provide the watermaster suitable control of the diversion. |
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The right holder shall install and maintain standard meters and data loggers to measure and record the amount of electric energy generated by the project works. The right holder shall also rate the turbine output in kilowatts compared to flow in a manner acceptable to the Department and the watermaster and shall report monthly kilowatt output and other information as directed by the Department and/or watermaster. |
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The right holder shall operate in run-of-river mode only and shall act to minimize the fluctuation of streamflow immediately downstream of the location where water is discharged into the Little Wood River. The director retains jurisdiction to order changes in the operation of the system, up to and including equipment modifications and/or the curtailment of diversions, to minimize the impact to downstream water users. |
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The right holder shall maintain an instantaneous minimum bypass flow of the following amounts in the Little Wood River past the point of diversion and the point of return flow for this right.
January 13 cfs
February 13 cfs
March 13 cfs
April 42 cfs
May 55 cfs
June 48 cfs
July 35 cfs
August 36 cfs
September 36 cfs
October 13 cfs
November 13 cfs
December 13 cfs
During any year when the Surface Water Supply Index (SWSI) published by the United States Department of Agriculture, Natural Resources Conservation Service, indicates as of April 1 that the flows in the Little Wood River are likely to be below average (a negative SWSI number), the required minimum bypass flow during the months of April through September is 13 cfs. During state-declared drought emergency conditions the right holder can request from Idaho Department of Fish and Game (IDFG) that the required instantaneous minimum flow be reduced to no less than 10 cfs. The right holder must obtain written permission from Idaho Department of Fish and Game before an instantaneous minimum flow of no less than 10 cfs is authorized. Within 10 days of receiving the written correspondence from Idaho Department of Fish and Game, the right holder shall file it with the Department and the water district.
Should the USDA cease to publish the SWSI for the Little Wood River, the right holder shall establish an alternative method for determining when flows in the Little Wood River are likely to be below average. The alternative method shall be subject to the approval of the Department.
The bypass flow may be temporarily modified if required by operating emergencies beyond the control of the right holder, and for short periods upon agreement between the right holder, IDFG, Idaho Department of Environmental Quality, the U S Fish and Wildlife Service, and Idaho Department of Water Resources.
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The right holder shall maintain a means of measurement acceptable to the Department for measuring the flow in the Little Wood River to ensure the bypass flow required by this right. The measuring device(s) shall be available for inspection by the Department, the watermaster, and/or Idaho Department of Fish and Game officials at all times. The right holder shall pay the cost of maintaining the measuring device(s) or other means of measurement. |
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The right holder shall report daily average bypass flows for the prior calendar year to the watermaster by January 15 each year. The Department reserves jurisdiction to require reporting on a more frequent basis, not to exceed four reports annually. |
| 162 |
Power generation is at the Little Wood River Ranch II Power Plant. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 933 |
This right is for the use of trust water, and it is subject to review 5 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. |