| Code |
Condtions |
| X27 |
This right is limited to the irrigation of 144.5 acres within the authorized place of use in a single irrigation season. |
| X35 |
Rights 37-230, 37-231B, and 37-232 when combined shall not exceed the irrigation of 144.5 acres. |
| X35 |
Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, 37-577AZ and 37-22050 when combined shall not exceed the irrigation of 979 acres. |
| X35 |
Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, 37-577AZ, 37-2492 and 37-22050 when combined shall not exceed the irrigation of 1063.5 acres. |
| X35 |
Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-69B, 37-70, 37-71B, 37-139, 37-180, 37-181, 37-230, 37-231A, 37-231B, 37-232, 37-233, 37-577AZ, 37-1187, 37-1207, 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, 37-22459 and 37-22533 when combined shall not exceed a total diversion rate of 76.74 cfs. |
| X35 |
Rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-69B, 37-70, 37-71B, 37-139, 37-180, 37-181, 37-230, 37-231A, 37-231B, 37-232, 37-233, 37-310A, 37-577AZ, 37-1187, 37-1207, 37-2492, 37-2538, 37-2597, 37-2764, 37-19831, 37-22050, 37-22051, 37-22052, 37-22459 and 37-22533 when combined shall not exceed a total diversion rate of 78.1 cfs. |
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105.1 total combined acres were agreed upon to be dried up under water rights 37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232 and 37-577AZ to account for consumptive use associated with the storage components of water right 37-22459. |
| 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 diversions. |
| 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. |
|
Surface water from this right shall be used as the primary water source for irrigation, aesthetic, wildlife and recreation uses within the above-described places of use. |
|
This right is measured and administered at the point of rediversion. |
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The following language is included pursuant to an agreement resolving objections between parties in the Snake River Basin Adjudication:
Delivery of water under this right shall be in accordance with the provisions of the Coffin Decree, Tom Hughes, et. al. v. Mans H. Coffin, Fourth Judicial District of the State of Idaho in and for the County of Blaine, July 18, 1941.
i. Pursuant to the Coffin Decree, water has been and is turned into the Base Line By-Pass whenever the flow in the river above the dry beds has diminished to the point where the capacity of the By-Pass is sufficient to carry the entire flow of the river.
ii. Pursuant to the Coffin Decree, water has been and is turned into the Extension By-Pass Canal whenever the flow in the river above the dry beds, as then delivered through the By-Pass Canal, is insufficient to supply the right with priority of June 15, 1883, known as the Graf right, diverted in the Dry Beds below the By-Pass.
iii. Water is sometimes delivered through the Extension By-Pass Canal by the watermaster prior to the times set forth above when doing so will maintain delivery of other rights for a longer period of time without causing injury to any water user. |
| 205 |
The approval of this transfer redefines all of the elements of this water right, and the new use of water authorized by this approval shall constitute the full extent of the right. |
| 206 |
The rights in Transfers #75849 (37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, and 37-577AZ), and #75852 (37-22050), when combined are limited to the irrigation of a specific 979 acres within the 1076 acre combined place of use in Sections 10, 11, 12, 14, and 15 authorized by these rights in a single irrigation season. The specific 979 acres to be irrigated by the right holder shall be identified prior to use by submittal of a land list and a representative electronic shape file or by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with these rights in the geographic information system component of the water rights database maintained by the department. Before changing the 979 acres to be irrigated within the 1076 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur. |
| 206 |
The rights in Transfers #75849 (37-60, 37-61, 37-62, 37-63A, 37-64A, 37-66A, 37-67B, 37-68A, 37-230, 37-231B, 37-232, and 37-577AZ), #75852 (37-22050), and #75853 (37-2492), when combined are limited to the irrigation of a specific 1063.5 acres within the 1160.5 acre combined place of use in Sections 10, 11, 12, 14, and 15 authorized by these rights in a single irrigation season. The specific 1063.5 acres to be irrigated by the right holder shall be identified prior to use by submittal of a land list and a representative electronic shape file or by submittal of a land list and a map sufficiently detailed to allow creation of an electronic shape file to be associated with these rights in the geographic information system component of the water rights database maintained by the department. Before changing the 1063.5 acres to be irrigated within the 1160.5 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur. |
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The diversion and use of water described in this right may be subject to additional limitations agreed to by the protestant(s) and the right holder under the Stipulation to Resolve Protests dated January 20, 2011 to which the Department is not a party and which may be enforceable by a court of law. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within five years of the date of this approval. |
| T08 |
Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. |
| T19 |
Pursuant to Section 42-1412(6), Idaho Code, this water right is subject to such general provisions necessary for the definition of the rights or for the efficient administration of water rights as may be determined by the Snake River Basin Adjudication court at a point in time no later than the entry of the final unified decree. |