| Code |
Condtions |
| X35 |
Rights 37-252, 37-712, and 37-23430 when combined shall not exceed a total diversion rate of 3.80 cfs. |
| 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. |
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This right provides flow through water for the ponds associated with storage right 37-8569. |
| 027 |
Use of water under this right shall be non-consumptive. |
| 170 |
For mitigation, the right holder shall cease diverting and using water as authorized by the following water right for the purpose and amounts specified below. Moreover, the official record for the following water right will be changed to show that diversion and use of water is not authorized because the right, is being dedicated to mitigation by non-use. The mitigating right may also include a condition stating that the mitigation by non-use is for the benefit of this right.
Use Changed to Mitigation Mitigation Mitigation
Right No. Mitigation by Non-Use Rate (cfs) Volume (AF) Acres
37-8571 Wildlife 5.00 1,983.5 N/A
If the specified mitigation right, or portion thereof, is sold, transferred, leased, used on any place of use, or is 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 this condition, the following condition will be changed on rights 37-8571, 37-23424, and 37-22777 to reflect the mitigation by non-use identified above as follows: Rights 37-23424, 37-22777, 37-2553A, and 37-8571 when combined shall not exceed a total diversion rate of 5.18 cfs.
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| 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 |
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. |
| 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. |
| 020 |
The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant and the right holder under a separate agreement to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder.
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