| Code |
Condtions |
| X35 |
Rights 37-22459, 37-23391, and 37-23392 when combined shall not exceed a total diversion rate of 76.36 cfs for the storage of water in 71 total ponds not exceeding a total capacity of 735.3 acre-feet or a total surface area of 129.3 acres. |
| 220 |
The 2 ponds established by the storage of water under this right shall not exceed a total capacity of 20 acre-feet or a total surface area of 10 acres. |
|
This right authorizes the annual filling of ponds listed above subject to the conditions listed below. Diversion to storage for off-stream ponds shall be limited as provided below. |
| X35 |
Rights 37-69B, 37-70, 37-71B, and 37-23391 when combined shall not exceed a total diversion rate of 5.50 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, 37-577AZ, 37-1187, 37-1207, 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, 37-22533, 37-22459, 37-23391, and 37-23392 when combined shall not exceed a total diversion rate of 76.74 cfs during the irrigation season. |
| 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, 37-23391, 37-23392, and 37-22533 when combined shall not exceed a total diversion rate of 78.1 cfs. |
| 027 |
Use of water under this right shall be non-consumptive. The consumptive use of the water features developed under this right is provided for by the wildlife, recreation and aesthetic uses under 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 and 37-22050 established under transfers 75838, 75840, 75849, 75850, 75851, 75852, 75853, 75854, 75855 and 75856. If, due to curtailment for any reason, the total remaining active rights are insufficient to provide consumptive mitigation volume for all water features, the right holder shall cease diversion to, but need not drain, one or more ponds in the system as required so that the active rights are sufficient to provide the consumptive mitigation volume. Alternatively, the right holder shall cease irrigation of an area sufficient to provide the consumptive mitigation volume that was lost due to curtailment. |
| 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. |
|
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 for rights 37-69B, 37-70, and 37-71B at the point of diversion as required by the watermaster. |
|
The right holder shall maintain and comply with a plan acceptable to the watermaster and the Department that may include a description of pond usage, installation of staff gages on ponds, and the collection of other data sources as required by the watermaster to understand and monitor water use under this right. The Department retains the jurisdiction to require modification of the plan, now and in the future, as required to provide the watermaster the ability to adequately deliver the water under this right. |
| 020 |
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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 933 |
This right is for the use of trust water, and it is subject to review 20 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 |
Administration of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required because 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. |