| Code |
Condtions |
| X27 |
This right is limited to the irrigation of 3.5 acres within the place of use described above in a single irrigation season. |
| X35 |
Rights 37-23351 and 37-23352 when combined shall not exceed the irrigation of 13.3 acres within the place of use described above in a single irrigation season. |
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To mitigate for moving the point of diversion downstream and to prevent injury to senior water right holders, 0.01 cfs of rights 37-21287, 37-23290, 37-23300, 37-23351 and 37-23387 shall remain undiverted in Soldier Creek for conveyance loss. Also, 0.01 cfs shall continue to be diverted into the ditch starting in the NESESE Sec. 33, T01N, R14E for conveyance loss in the ditch to avoid injury to other ditch users as a result of the approval of Transfer No. 71197. |
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Rights 37-21287, 37-23290, 37-23300, 37-23351 and 37-23387 are limited to a maximum diversion rate of 0.14 cfs at the points of diversion in Sec. 3, T01S, R14E. |
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Rights 37-21287, 37-22462, 37-23290, 37-23291, 37-23300, 37-23301, 37-23351, 37-23352, 37-23387 and 37-23388 when combined shall not exceed a total diversion rate of 0.37 cfs at the points of diversion in Sec. 3, T01S, R14E. |
| 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 lands above. |
| 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-C (presently inactive). |
| R43 |
In the future, the right holder may be required to maintain measuring devices and lockable controlling works of a type approved by the Department in a manner that will provide the watermaster suitable control of the diversions. |
| 029 |
Approval of Transfer No. 71197 does not authorize the construction or use of any in-stream impoundment, not existing on the date of its approval at the site of the pump diversions, in such a manner that would impede fish migration or that would increase thermal degradation on Soldier Creek. Prior to the diversion and use of water under this approval, the right holder shall screen all pump intakes with 1/4 inch or smaller mesh to prevent entrainment of fish. |
| X59 |
Points of diversion in Sec. 3, T01S, R14E are located within Lots 1 and 11, Mountain View Acres Subdivision. |
| X60 |
Place of use is located within Lots 9 and 10 of Mountain View Acres Subdivision. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year 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. |
| 223 |
This water right shall be administered as being from a separate source pursuant to Basin 37 Part 2 General Provision No. 1A. If the holder of this right seeks to change the right pursuant to Idaho Code Sec. 42-222 or successor statute, nothing in this General Provision shall preclude any other person or entity from demonstrating that such a change in use would cause injury to its water right or from receiving relief provided by law in the event of injury. |