| Code |
Condtions |
| X35 |
Rights 37-21570, 37-21571 and 37-21572 when combined shall not exceed a total diversion rate of 0.34 cfs. |
| X36 |
Rights 37-10175, 37-20617, 37-21570, 37-21571 and 37-21572 are diverted through the point of diversion described above. |
| 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. |
| 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. |
| 082 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 106 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. |
| 113 |
Beginning on the date of approval of Transfer 71622, Rights 37-21570, 37-21571 and 37-21572 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.
2008 through 2013 the rights are limited to 73.4 afa.
2014 through 2016 the rights are limited to 65.2 afa.
2017 and beyond the rights are limited to 57.9 afa. |
| 114 |
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 Transfer approval 71622. 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. |
| 213 |
Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage information at the authorized point(s) of diversion in accordance with Department specifications. |
| 214 |
Prior to the diversion and use of water under Transfer approval 77347, the right holder shall install and maintain acceptable measuring device(s) at the authorized point(s) of diversion in accordance with Department specifications, or shall obtain an approved variance from the Department to determine the amount of water diverted from power records or to maintain an existing measuring device. |
| 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. |
| 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. |