Priority Date : 3/27/2012
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
UNNAMED STREAM
LOVING CREEK
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
UNNAMED STREAM
01S
19E
11
0
SE
SW
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
WILDLIFE STORAGE
01/01
12/31
9.10 AFA
RECREATION STORAGE
01/01
12/31
9.10 AFA
TOTAL
9.10 AFA
Places of Use
Place of Use Legal Description : WILDLIFE STORAGE (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
01S
19E
11
SE
SW
Place of Use Legal Description : RECREATION STORAGE (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
01S
19E
11
SE
SW
Conditions
Code
Condtions
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
Upon specific notification 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).
Wildlife and recreation storage is for the initial, one time, fill and ongoing storage of water including annual evaporative losses associated with a pond having a surface area of 2.0 acres and a storage capacity of 6.0 acre-feet.
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 will be changed to show that diversion and use of water is not authorized because the right, or portion thereof, are being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
37-2553B Irrigation 0.10 N/A 9.6
The land that will no longer be irrigated under this right is located within the SWNW, Section 14, Township 01S, Range 19E, B.M.
If the specified mitigation right, or portion thereof, 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 approval shall be reduced by the same proportion as the reduction to the mitigation rights.
If the pond authorized by this permit is ever emptied, it shall not be refilled without the approval of a mitigation plan by the Department.
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.
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.