Priority Date : 4/24/2013
Basis : License
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
GROUND WATER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
GROUND WATER
02N
18E
9
0
SE
SW
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/15
10/31
0.47 CFS
21.70 AFA
TOTAL
0.47 CFS
21.70 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
02N
18E
9
NE
SW
3.0
02N
18E
9
SE
SW
3.2
Irrigation Totals
Total Acres
Acre Limit
6.20
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
The right holder shall maintain a measuring device with totalizing meter and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversion. The measuring device must provide the ability to determine the daily volume of use.
The right holder shall record the daily volume used and provide the records to the watermaster as necessary to regulate the 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 rights for the purposes and amounts specified below.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
37-22773 Irrigation 0.042 N/A 6.2
37-22774 Irrigation 0.042 N/A 6.2
37-22775 Irrigation 0.084 N/A 6.2
37-22776 Irrigation 0.051 N/A 6.2
To mitigate for the depletion of water within the Hiawatha Canal system resulting from the non-use of water under rights 37-22773, 37-22774, 37-22775, and 37-22776 for mitigation purposes mentioned above an additional portion of the rights shall be delivered into the Hiawatha Canal to prevent injury to water right holders within the Hiawatha Canal system for the purposes and amounts specified below.
Use Changed Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF)
37-22773 Irrigation 0.011 N/A
37-22774 Irrigation 0.011 N/A
37-22775 Irrigation 0.021 N/A
37-22776 Irrigation 0.013 N/A
Moreover, the official records for rights 37-22773, 37-22774, 37-22775, and 37-22776 have been changed to show that the portions identified above are being dedicated to mitigation purposes.
In summary the total mitigation for this right is split into two components: 80% (0.219 cfs) to be left in the Big Wood River and 20% (0.056 cfs) left in the Hiawatha Canal for conveyance loss associated with the delivery of water by the Hiawatha Canal Water Users Association of Lateral or Laterals though its canal and lateral system.
The land that will no longer be irrigated under these rights is located within the NENW, SENW, NESW and SESW of Section 04, Township 02N, Range 18E.
If the specified mitigation rights, or portions thereof, are sold, transferred, leased, used on any place of use, or are not deliverable due to a shortage of water or a priority call, then the volume of water authorized for diversion under this right approval shall be reduced by the same proportion as the reduction to the mitigation rights.
This right is limited to 3.5 acre feet/acre/annum equivalent to 21.7 acre feet/annum for 6.2 acres. This right is further limited to the daily volumes corresponding to the deliverable priorities of the mitigation rights:
If right 37-22773 with priority of 5/1/1888 and other senior mitigation rights are deliverable this right is limited to 0.434 acre feet per day.
If right 37-22774 with priority of 9/18/1885 and other senior mitigation rights are deliverable this right is limited to 0.351 acre feet per day.
If right 37-22775 with priority of 6/30/1884 and other senior mitigation rights are deliverable this right is limited to 0.268 acre feet per day.
If right 37-22776 with priority of 3/24/1883 is the only mitigation right deliverable this right is limited to 0.101 acre feet per day.
If none of the mitigation right are deliverable this right must be curtailed.
140
Noncompliance with any condition of this right, including the requirement for mitigation and recording of use, 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 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.
004
This right does not grant any right-of-way or easement across the land of another.