| Code |
Condtions |
| X35 |
Rights 47-4294 and 47-17656 when combined shall not exceed a total diversion rate of 7.00 cfs. |
| 204 |
This right shall be junior and subordinate to future water rights authorizing the diversion and use of water from the Snake River and its tributaries, including ground water, for consumptive uses, except that this right shall not be subordinate to future water rights for similar wildlife, recreation and/or aesthetic uses.
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| 220 |
The 2 ponds established by the storage of water under this right shall not exceed a total capacity of 24.0 acre-feet or a total surface area of 4.0 acres. |
| 259 |
Right 47-17656 authorizes the storage of an annual total of 617.0 acre-feet, 24.0 acre-feet to be used for the initial filling or carryover storage of the ponds and 593.0 acre-feet for the replacement of losses due to seepage and evaporation. |
| 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. |
| 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 right 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
47-4294 Irrigation 0.08 N/A 3.9
The land that will no longer be irrigated under this right is located within the Government Lot 6 (SWSE), Section 17, Township 09S, Range 16E, 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. |
| 933 |
This right is for the use of trust water, and it is subject to review 5 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. |
| 935 |
Use of water pursuant to this right is either nonconsumptive or the right holder is required to provide ongoing mitigation to offset the depletion of water resulting from the use of this right. Regulation of this right to satisfy the minimum stream flow water rights in the Snake River at Murphy Gage shall not be required. |