| 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 38 ponds established by the storage of water under this right shall not exceed a total capacity of 398.9 acre-feet or a total surface area of 63.4 acres. |
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Within the project, Big Wood River water, Crystal Creek water and ground water are injected into and rediverted from Black Slough.
Within the project, Big Wood River water and ground water are injected into and rediverted from Crystal Creek.
Within the project, Big Wood River water and ground water are injected into and rediverted from Spring Creek.
Within the project, Willow Creek through Crystal Creek and Spring Creek receives water originating from the Big Wood River and/or ground water. |
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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. Flows through on-stream ponds are not limited by the diversion to storage rate. |
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Diversion from Spring Creek to off-stream ponds is not allowed unless Big Wood River water &/or ground water is being injected into Spring Creek upstream of the diversion/rediversion from Spring Creek. |
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This right does not authorize diversion to storage beyond the maximum rate identified by rights 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, and 37-22533. This right is limited to 10.84 cfs during the irrigation season at each off-stream pond diversion concurrently except that this right does not authorize diversion to storage during the non-irrigation season in excess of 6.58 cfs. (Ground water diversion of this right during the non-irrigation season when combined with rights 37-22051, 37-22052 and 37-22533 is limited to 6.58 cfs.) The right holder shall be able to pump from any ground water right point of diversion during the irrigation season to the extent permitted by law, but shall not pump from any ground water right point of diversion during the non-irrigation season. The right holder is free to maintain any ground water point of diversion in any lawful fashion during any time of year in order to maintain diversion rates under this right. |
| X35 |
Rights 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, 37-22533, and 37-23392 when combined shall not exceed a total diversion rate of 10.84 cfs during the irrigation season, 6.58 cfs during the non-irrigation season, and a total annual maximum diversion volume of 5,704.8 acre-feet. |
| 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. |
| 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 diversions for rights 37-2492, 37-2538, 37-2597, 37-2764, 37-22050, 37-22051, 37-22052, 37-22533, and 37-23392 at all listed points of diversion and points of injection as required by the watermaster. |
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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. |
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The pond within Section 13, T01S, R18E is allowed a total facility volume of 8.5 acre feet. A portion of this volume may be used up to and limited to 2.7 acre feet to facilitate irrigation in a 24 hour period. The 5.8 acre feet portion of the facility volume shall not be used to facilitate irrigation. This does not limit the total 8.5 acre feet facility volume of this pond to be used for Aesthetic Storage, Recreation Storage and Wildlife Storage 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. |
| 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. |
| 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. |