| Code |
Condtions |
| X35 |
Rights 37-2640B, 37-2507B and 37-23000 when combined shall not exceed a total diversion rate of 0.43 cfs, a total annual maximum diversion volume of 75.6 af at the field headgate, and the irrigation of 21.6 acres. |
| 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). |
| 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 rights for the purposes and amounts specified below. Moreover, the official record for the following water rights 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. The mitigating rights may also include a condition stating that the mitigation by non-use is for the benefit of this right.
Priority Use Changed Mitigation Mitigation
Right No. Date to Mitigation Rate (cfs) Acres
37-20842 6/1/1886 Irrigation 0.13 7.3
37-22601 6/1/1886 Irrigation 0.36 14.3
37-21239 5/4/1889 Irrigation 0.10 7.3
37-22603 5/4/1889 Irrigation 0.32 14.3
37-21241 5/21/1890 Irrigation 0.13 7.3
37-22605 5/21/1890 Irrigation 0.25 14.3
Total: 1.29 21.6
The land that will no longer be irrigated under these rights is located within the SWNE, NESW & NWSE, Section 32, Township 03N, Range 18E, B.M., also known as Lot 2, BLK 1 Chapman’s Cloverly Ranch Subd.
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 amount of water authorized for diversion under this right approval shall be reduced by the same proportion as the reduction to the mitigation rights. |
|
In order to reflect the mitigation by non-use amounts identified in the condition above, the following condition will be changed on rights 37-20842, 37-21239, and 37-21241 …
Rights 37-20842, 37-21239, and 37-21241 when combined shall not exceed the irrigation of 8.4 acres.
In addition the following condition will be changed on rights 37-22601, 37-22603, and 37-22605 to reflect the mitigation by non-use amounts identified in the condition above…
Rights 37-22601, 37-22603, and 37-22605 when combined shall not exceed the irrigation of 16.4 acres.
In addition the following conditions will be changed on rights 37-20842, 37-21239, 37-21241, 37-22600, 37-22601, 37-22602, 37-22603, 37-22604, and 37-22605 to reflect the mitigation by non-use amounts identified in the condition above…
Right Nos. 37-20842, 37-21239, 37-21241, 37-22600, 37-22601, 37-22602, 37-22603, 37-22604, and 37-22605 are limited to the irrigation of a combined total of 31.8 acres in a single irrigation season.
Right Nos. 37-20842, 37-21239, 37-21241, 37-22600, 37-22601, 37-22602, 37-22603, 37-22604, and 37-22605 are limited to a total combined diversion rate of 1.87 cfs.
|
| 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. |
| 935 |
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. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required. |
| 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. |