| Code |
Condtions |
| X35 |
Rights 37-22672 and 37-20450 when combined shall not exceed a total diversion rate of 0.08 cfs or the irrigation of 4.4 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(s). |
| 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 |
Use of water pursuant to this right is either nonconsumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required. |
| 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 rights will be changed to show that diversion and use of water is not authorized because the rights, or portion thereof, are being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
37-577BY Irrigation 0.10 N/A 5.0
37-20450 Irrigation 0.06 15.0 5.0
If right 37-577BY is sold, transferred, leased, used on any place of use, or is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under this right shall be reduced by the same proportion as the reduction to right 37-577BY.
Additionally the following conditions will be added to these rights as follows:
Conditions for 37-577BY:
-This right mitigates for the injury to other water users caused by the diversion and use of water under Right 37-22672. To prevent injury to other water right holders, the watermaster shall deliver 0.02 cfs of this right into the Cove Canal where it shall remain undiverted but provide for conveyance loss in the canal. Additionally the watermaster shall deliver 0.08 cfs of this right to the Bypass Canal where it shall remain undiverted but provide for losses in the river reach between the Cove Canal and the Bypass canal which result because of use of water under Right 37-22672.
-If the mitigation portion of this right is used for any purpose other than mitigation and conveyance loss, then water shall not be diverted under Right 37-22672. If the mitigation portion of this right is not deliverable due to a shortage of water or a priority call, then the amount of water authorized for diversion under the use of Right 37-22672 that is being mitigated shall be reduced by the same proportion as the reduction to this right.
Condition for 37-20450:
-A portion of this right mitigates for the injury to other water users caused by the diversion and use of water under Right 37-22672. If right 37-22672 is delivered, all irrigation use under this right shall cease.
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The land that will no longer be irrigated under rights 37-577BY and 37-20450 is located within the SWSW (Govt. Lt 4), Section 31, Township 2N, Range 19E, B.M. which is the same land to be irrigated under right 37-22672. |
| R67 |
This right when combined with all other rights shall provide no more than 0.03 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the place of use. |
| X59 |
Place of use and point of diversion are located within Lot 21A of the Muldoon Ranch Subdivision #2. |