Priority Date : 3/6/1978
Basis : Decreed
Status : Active
Water Source
Source
Source Qualifier
Tributary
Tributary Qualifier
CEDAR DRAW
SNAKE RIVER
Points Of Diversion (Location)
Source
Township
Range
Section
Govt. Lot
QQQ
QQ
Q
County
Diversion Type
CEDAR DRAW
09S
15E
14
0
NW
SW
NE
TWIN FALLS
Water Uses
Beneficial Use
From
To
Diversion Rate
Volume
RECREATION
01/01
12/31
5.00 CFS
TOTAL
5.00 CFS
Places of Use
Place of Use Legal Description : RECREATION (TWIN FALLS county)
Township
Range
Section
Lot
QQQ
QQ
Q
Acres
09S
15E
12
6
NE
SW
09S
15E
12
10
NW
SW
09S
15E
12
SW
SW
09S
15E
12
SE
SW
Conditions
Code
Condtions
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.
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 use power records to determine the amount of water diverted and shall annually report the information to the Department.
T07
The right holder shall accomplish the change authorized by this transfer within one (1) year of the date of this approval.
Any impoundment of water established as part of the diversion system of this right shall not exceed a total capacity of 0.4 acre feet or a total surface area of 0.1 acres.
G21
The source of this right includes waste water. All waste water is subject to the right of the original appropriator, in good faith and in compliance with state laws, including laws governing changes in use and/or expansion of water rights, to cease wasting water, to change the place or manner of wasting it, or to recapture it before it becomes part of the public water supply.
X38
Use of water under this right shall be non-consumptive. At such time in the future as the Director determines necessary to protect the prior rights of other users, the Director may require determination of the rate of loss within the system using a procedure approved by the Director, and may require mitigation for all system losses.
029
Prior to the diversion and use of water under this approval, the right holder shall comply with all Idaho Department of Fish and Game permitting and/or fish screening and/or fish passage requirements.
Use of water under this right is subordinate to hydropower rights 36-7768, 36-7991, and 36-8005, and shall not reduce the flow of Cedar Draw below the 10 cfs bypass flow required under these rights.
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.