| Code |
Condtions |
| C18 |
This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code. |
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Use of water under right no. 37-82 will be regulated by the watermaster of state water district no. 37. |
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Pursuant to a call in times of scarcity, this right shall be administered separately from the Big Wood River and its tributaries. |
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Water consumed under Transfer No. 3881 by diverting water for wildlife, aesthetic and recreation uses shall not exceed 3.3 acre feet from evaporation. |
| T08 |
Failure of the right holder to comply with the conditions of Transfer No. 3881 is cause for the Director to rescind approval of the transfer. |
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Prior to diversion of water, flow measuring devices as specified by the department &/or watermaster shall be installed by the right holder at the following locations: a) at the point where water is diverted from the Big Wood River and rediverted from Elkhorn creek and b) at a point on the downstream side of the bridge over Elkhorn Creek where water diverted under right nos. 37-81, 37-82, 37-4016, 37-7201 and 37-2635 flows out of the pond or wetland area subject of transfer No. 3881 located in the NESENE S30 T04N, R18E. |
| T07 |
The right holder shall accomplish the change authorized by Transfer No. 3881 by December 9, 1994. |
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The total volume authorized for diversion and use pursuant to right nos. 37-82, 37-2365, 37-4016 and 37-7201 is limited to 315 acre feet. The volumetric limitation shall not begin to accrue, however, until: 1) All rights on Elkhorn Creek cannot be satisfied by the watermaster of Water District 37, Big Wood River, and 2) The owner of the rights approved by Transfer No. 3609 demands release of water from upstream users. |
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Right Nos. 37-81, 37-82 and 37-2635 are limited to the irrigation of a combined total of 23.3 acres in a single irrigation season. |
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Right nos. 37-2635, 37-81 and 37-82, when combined, shall not exceed a total flow rate of 0.71 cubic feet per second nor an annual volume of 69.9 acre feet for irrigation purposes. |
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The amount of water under right nos. 37-81, 37-82 and 37-2635 to be discharged to the river as measured at a point below the pond in the SENE S30, T04N, R18E shall equal the amount approved for aesthetic, recreation and wildlife purposes, less a reasonable loss as determined by the director or watermaster. |
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Diversion of water pursuant to right nos. 37-82, 37-2635, 37-4016 and 37-7201 during the nonirrigation season is subject to any minimum stream flows established in the Big Wood River with later dates of priority. |
| K06 |
This right is limited to the irrigation of 23.3 acres within the place of use described above in a single irrigation season. |
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Long standing man-made alteration in the natural channel of Elkhorn Creek requires construction of a channel through the development listed as the place of use . The right to diversion of Elkhorn Creek in the channels of the development and to demand flow in Elkhorn Creek is limited by the annual volume and flow rate of water right nos. 37-82, 37-2635, 37-4016 and 37-7201. |
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The wildlife, recreation and aesthetic uses shall be considered to have a consumptive component equal to the smaller of: 1) the irrigation consumption prior to transfer 3609 less the irrigation consumption after the transfer, or 2) the actual consumption by the authorized wildlife, recreation and aesthetic uses. |
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Flows for recreation, wildlife and aesthetics uses are those which are diverted and used in man made amenities within the subdivision exclusive of the man altered Elkhorn Creek channel. |
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The pond in the SENE S30, T04N, R18E is located on the Idaho Foundation for Parks and Lands Inc property. This pond is constructed on the stream of Elkhorn Creek and is filled by water from Elkhorn Creek pursuant to rights 37-82 and 37-2635 and water pumped from the Big Wood River pursuant to right 37-81. This pond was authorized by transfer No. 3881. The storage volume of the pond is 2.1 acre feet. |
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The total combined storage volume to be stored form wildlife , recreation and aeshetic uses under Rights 37-81, 37-82 and 37-2635 is 2.2 acre-feet. |