| Code |
Condtions |
| 220 |
The two (2) ponds established by the storage of water under this right shall not exceed a total capacity of 1.5 acre-feet or a total surface area of 0.3 acre. |
| 259 |
Right 37-22769 authorizes the storage of an annual total of 1.9 acre-feet, comprised of 1.5 acre-feet to be used for the initial filling or carryover storage of the ponds and 0.4 acre-feet for the replacement of losses due to evaporation. |
| 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 rights, or portion thereof, are being dedicated to mitigation by non-use. The mitigating right may also include a condition stating that the mitigation by non-use is for the benefit of this right.
Use Changed to Mitigation Mitigation Mitigation
Right No. Mitigation by Non-Use Rate (cfs) Volume (AF) Acres
37-21386 Irrigation 0.01 0.4 0.3
37-21793 Irrigation 0.02 0.4 0.3
The land that will no longer be irrigated under this right is located within the NENW, Section 32, Township 4N, 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. |
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If the pond is depleted for maintenance or other reason the right holder shall seek a separate authorization, such as a Water Supply Bank rental, to re-fill the pond. |
| R05 |
Use of water under this right may 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). |
| 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. |