| Code |
Condtions |
| 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 rights for the purposes and amounts specified below. Moreover, the official record for the following water rights will be changed to show that diversion and use of water is not authorized because the rights, or portion thereof, are being dedicated to mitigation purposes.
Use Changed Mitigation Mitigation Mitigation
Right No. to Mitigation Rate (cfs) Volume (AF) Acres
47-191 Irrigation 0.64 N/A 32.2
47-192 Irrigation 1.60 N/A 80.0
47-14078 Irrigation 0.82 400.7 104.2
47-17340 Irrigation 1.08 N/A 104.2
The land that will no longer be irrigated under these rights is located within the NENE, SENE, and a portion of the NESE of Section 29, Township 11S, Range 19E, B.M. The total allowable acres for irrigation on the above rights will be reduced by 104.2 acres.
Additionally an overlapping acre limit condition will be reduced by these same 104.2 acres on the following rights: 47-171, 47-2519, 47-2518, and 47-14077.
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. |
| 220 |
The two reservoirs established by the storage of water under this right shall not exceed a total capacity of 198.0 acre-feet or a total surface area of 38.0 acres. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 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. 47O. |
| 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. |
| 222 |
Upon specific notification, the right holder shall permanently install and maintain a staff gage acceptable to the Department to provide a means to measure the level of the reservoirs on a constant basis. |
| 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. |
| 933 |
This right is for the use of trust water, and it is subject to review 20 years after its initial approval (date of permit approval) to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water. |
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The source of the water diverted under this right is “Trust Water”, which is identified in the 1984 Swan Falls Settlement and defined as surface and groundwater tributary to the Snake River between Milner Dam and Swan Falls. Diversions under this right shall be subject to curtailment if such diversions would impact the established minimum stream flows of 3,900 cfs from April through October and 5,600 cfs from November through March at the Murphy gage. |