| Code |
Condtions |
| 220 |
The pond established by the storage of water under this right shall not exceed a total capacity of 10.5 acre-feet or a total surface area of 1.3 acres. |
| 259 |
Right 43-13740 authorizes the diversion of 10.5 acre-feet to be used for storage in the pond and 3.3 acre-feet for losses due to evaporation. |
| X35 |
Rights 43-13740, 43-386, 43-2232A. 43-10797, and 43-10823 when combined shall not exceed a total diversion rate of 72.02 cfs. |
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Right 43-13740 provides additional use of Almo Water Company shares and does not allow for additional diversion of water from Almo Creek above and beyond what is allowed by Almo Water Company rights 43-386, 43-2232A. 43-10797, and 43-10823. |
| 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. 43D. |
| 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. |
| 170 |
To mitigate for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, 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, or portion thereof, is being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
43-2594 Irrigation 0.03 4.9 1.4
The land that will no longer be irrigated under this right is located within the SENW, Section 16, Township 15S, Range 24E, B.M.
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.
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| 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. |