Priority Date : 7/15/2013
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
16
0
SW
NE
BLAINE
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
IRRIGATION
04/15
10/31
0.26 CFS
8.80 AFA
TOTAL
0.26 CFS
8.80 AFA
Places of Use
Place of Use Legal Description : IRRIGATION (BLAINE county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
02N
18E
16
SW
NE
2.5
Irrigation Totals
Total Acres
Acre Limit
2.50
Conditions
Code
Condtions
This right is limited to 3.5 acre feet/acre/annum equivalent to 8.75 acre feet/annum for 2.5 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 0.177 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 0.143 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 0.109 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 0.042 acre feet per day.
If no mitigation right is deliverable this right must be curtailed.
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 Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
37-22773 Irrigation 0.017 N/A 2.5
37-22774 Irrigation 0.017 N/A 2.5
37-22775 Irrigation 0.034 N/A 2.5
37-22776 Irrigation 0.021 N/A 2.5
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 0.004 N/A
37-22774 Irrigation 0.004 N/A
37-22775 Irrigation 0.008 N/A
37-22776 Irrigation 0.005 N/A
In summary the total mitigation for this right is split into two components: 80% (0.089 cfs) to be left in the Big Wood River and 20% (0.021 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 is 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.
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.
The right holder shall record the daily volume used and provide the records to the watermaster as necessary to regulate the use.
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 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.
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.