| Code |
Condtions |
| X35 |
Rights 43-2381, 43-2534B and 43-10069 when combined shall not exceed a total diversion rate of 5.63 cfs, and a total annual maximum diversion volume of 1544.0 acre-feet. |
|
Rights 43-120, 43-2167B, 43-2534B, 43-2381 and 43-10069 when combined shall not exceed a total annual maximum diversion volume of 1544.0 acre-feet. |
|
Cooling use is for two (2) geothermal power plants located within the SWSE, Sec. 23 and the NWNE, Sec. 27, T15S, R26E. |
| K04 |
This right is an expansion of Rights 43-2381 and 43-2534B pursuant to Sec. 42-1416B, Idaho Code. |
| WD8 |
The place of cooling use authorized by this approval includes land upon which wastewater may be applied for irrigation purposes to satisfy water quality requirements. Water diverted under this approval shall not be used for irrigation unless the water is first used in the power plants as authorized by these water rights. |
| 106 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality permitting requirements administered by the Department of Environmental Quality or the Department of Agriculture. |
| R07 |
Return flow discharged to a subsurface system through an injection well must be authorized by a separate injection well permit. |
|
To the extent that rights 43-2381, 43-2534B and 43-10069 are used in combination at a rate of diversion greater than 4.90 cfs, the following shall apply:
* The right holder shall make full beneficial use of surface
water Rights 43-120 and 43-2167B when available to
the right holder for cooling use authorized under this right.
The right holder shall limit the diversion of ground water
under Rights 43-2381, 43-2534B and 43-10069 to those
times when the surface water supply is not available or
the surface water supply is not reasonably sufficient for
the cooling use authorized under this right.
* If the surface water rights appurtenant to the place of
use is sold, transferred, leased or used on any other
place of use, this right to divert groundwater shall not
be used without an approved transfer pursuant to
Section 42-222, Idaho Code, or approval of the
Department if a transfer is not required. |
| 01M |
After specific notification by the Department, the right holder shall install a suitable measuring device or shall enter into an agreement with the Department to determine the amount of water diverted from power records and shall annually report the information to the Department. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within five years 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. |