| Code |
Condtions |
| X60 |
Place of use is located in a portion of HES 129 and projected to be within SWSE Section 14, T05N R17E. |
| X59 |
Point of diversion is located in a portion of HES 129 and projected to be within SWSE Section 14, T05N R17E. |
| 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. Use of water shall also be regulated by Eagle Creek Irrigation Company. Regulation of this right shall be coordinated between State Water District No. 37 and the Eagle Creek Irrigation Company. |
| R02 |
Lockable devices and measuring devices 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. Control works and measuring devices shall be maintained on the authorized point of diversion, on the High Ditch and on the outflow of the Eagle Creek System being directed to the Big Wood River. |
| 198 |
When notified by the Department or by a watermaster with regulatory authority over this right, the right holder shall report the amount of water diverted in connection with this right. The report shall be submitted in the manner and frequency specified by the Department or the watermaster. |
| F06 |
The following rights are diverted through the point of diversion described above: 37-22779 and 37-21427. |
| X35 |
Rights 37-22779 and 37-21427 when combined shall not exceed a total diversion rate of 0.22 cfs nor the diverion volume of 38.7 af. |
| X35 |
Rights 37-22779, 37-21427, and the irrigation component of domestic right 37-11320 are limited to the irrigation of 12.9 acres. |
| R63 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 3.5 afa per acre at the field headgate for irrigation of the place of use. |
| 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 right 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, is 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
37-863E Irrigation 0.34 Not Stated 12.9
The land that will no longer be irrigated under this right is located within the SWSE, Section 14, Township 05N, Range 17E, B.M. which is the same land to be irrigated under Right 37-22779.
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 shall be reduced by the same proportion as the reduction to the mitigation rights. |
|
To prevent injury to other water right holders within the Eagle Creek Irrigation System, the Watermaster or ditch rider shall deliver 0.08 cfs of the mitigation portion of Right 37-863E into the High Ditch of the Eagle Creek Irrigation Company, where it shall remain undiverted but provide for conveyance loss in the canal. The remainder of the mitigation flow (0.26 cfs) shall remain in the channel of Eagle Creek and be delivered past the last diversion of the Eagle Creek Irrigation Company on Eagle Creek to mitigate any injury caused by the pumping of Right 37-22779 on right holders in the Big Wood River. |
| 116 |
The water right holder shall maintain ownership of 14 irrigation shares from Eagle Creek Irrigation Company for mitigation purposes. |
| 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 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. |