| Code |
Condtions |
| WB4 |
The total instantaneous diversion of water from all points of diversion under Right 45-13545 shall not exceed 3.30 cfs, nor total combined annual volume of 390.0 af. |
| T17 |
Prior to diversion of water under this approval, the right holder shall provide a means of measurement acceptable to the Department from all authorized points of diversion which will allow determination of the total rate of diversion. |
| 115 |
Prior to the diversion and use of water under Transfer approval 69768, the right holder shall install and maintain acceptable measuring device(s), including data logger(s), at the authorized point(s) of diversion, in accordance with Department specifications. |
| 01Q |
After specific notification by the Department, the right holder shall measure the diversion 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. |
| 116 |
The water right holder shall maintain control of the necessary portion of rights 43-4037 and 43-7126 for mitigation purposes under Transfer approval 69768. The mitigation rights when combined are limited to the following schedule of allowed use which begins on the date of approval of the transfer. If the necessary portion of the mitigation rights are sold, transferred, leased, used on any place of use, or are not deliverable due to a priority call, then the amount of water authorized for diversion under this transfer approval shall be reduced by the same proportion of the amount reduced under the mitigation rights. The right holder shall file a notice of intent with the Department prior to the increased use of water under the mitigation rights each time an increase according to the schedule is sought.
Years 1 through 8 the diversion and use of water under the rights are limited to 13.87 cfs, 4905.0 afa and 1226.3 acres (434.0 acres left unirrigated).
Years 8 and beyond the diversion and use of water under the rights are limited to 16.32 cfs, 5773.0 afa and 1443.3 acres (217 acres left unirrigated).
|
| 114 |
The model used to calculate depletion effects and mitigation for the Milner to King Hill reach may also show gains in other reaches of the Snake River. Such gains have not been quantified at this time. The right holder retains the right to seek quantification of such gains resulting from Transfer approval 69768. Protestants retain the right to object to the quantification of such gains. If such reach gains are quantified and acknowledged by the Department, credicts for such gains shall be available for use only after the Department has implemented a system for administering such credits. |
|
Commercial use is for a dairy. |
| 082 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable county zoning and use ordinances. |
| 106 |
Prior to the diversion and use of water under this approval, the right holder shall comply with applicable water quality standards of the Department of Environmental Quality. |
| WD8 |
The place of commercial 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 dairy as authorized by this water rights. |
|
Domestic use is for 2 homes. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one (1) year 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. |