| Code |
Condtions |
| 220 |
The pond or reservoir established by the storage of water under this right shall not exceed a total capacity of 97.1 acre-feet or a total surface area of 96.4 acres. |
| 259 |
Right 37-22909 authorizes the diversion of 97.1 acre-feet to be used for the initial filling of the pond, 147.9 acre-feet for losses due to seepage and evaporation for a total annual storage volume of 245 acre-feet. Note that prior to pond construction the natural wetland that is covered by the pond was 92.9 acres with associated 236.7 acre-feet for fill and evaporation. |
| 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 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). |
| 222 |
Upon request of the watermaster or the Department the right holder shall permanently install and maintain a staff gage acceptable to the Department to provide a means to measure the pond level on a constant basis. |
| 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. |
| 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 purposes.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
37-118 Mitigation 0.10 N/A 3.9
The land that will no longer be irrigated under this right is located within the NESE, Section 30, Township 01S, Range 19E, B.M.
Additionally these same 3.9 acres will be removed from the permissible place of use of the following rights:
37-2576
37-2681
Additionally these same 3.9 acres will be removed from the combined limits condition on associated right 37-7644.
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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During the year of the initial filling of the pond 45.8 acres in addition to the 3.9 acres identified for mitigation shall be dried up within the NENE, SENE and the SWNW of Section 30, Township 01S, Range 19E, B.M. (It is acknowledged the pond was filled prior to 2014 and acres as describe were dried up in 2014.) 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. |
| R55 |
This right is for the use of trust water and is subject to review 5 years after the issuance of the permit to determine availability of water and to re-evaluate the public interest. |