| Code |
Condtions |
| 124 |
Place of use is within the service area of the City of Mountain Home municipal water supply system as provided for under Idaho Law. |
| 180 |
A map depicting the place of use boundary for this water right at the time of this approval is attached to this document for illustrative purposes. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within five years 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. |
| 228 |
Municipal use is limited to municipal type irrigation of 157.0 acres within the authorized place of use in a single irrigation season. |
| X35 |
Rights 61-2167, 61-2188, 61-2210, 61-7151, 61-7172F, and 61-7439 when combined shall not exceed a total diversion rate of 15.93 cfs and an annual diversion volume of 4,305.7 af for the municipal type irrigation of 1,061.2 acres. |
| X35 |
Rights 61-2072, 61-2167, 61-2170, 61-2188, 61-2210, 61-7151, 61-7172F, 61-7184, 61-7339, and 61-7439 when combined shall not exceed a total diversion rate of 36.42 cfs. |
| R64 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.0 afa per acre at the field headgate for municipal type irrigation within the place of use. |
| X61 |
The period of use for the municipal type irrigation described in this approval may be extended to a beginning date of 3/15 and an ending date of 11/15 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 4/1 and after 10/31 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than 10/26/2000. |
|
Prior to diversion and use of water under this right, the right holder shall install a totalizing measuring device of a type approved by the department on each point of diversion to measure the volume of water diverted. The measuring devices shall be read and recorded on a weekly basis. |
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Starting January 15, 2016, and continuing every January 15 until notified by the department, the right holder shall submit a report annually to the department demonstrating that the water diverted under rights 61-2167, 61-2188, 61-2210, 61-7151, 61-7172F, and 61-7439 is necessary to satisfy demands for municipal type irrigation use during the authorized period of use. The annual report shall include the maximum weekly volume diverted for all purposes during both the irrigation season and the non-irrigation season. The annual report shall also include the total volume diverted for all purposes during both the irrigation season and non-irrigation season. After specific notification by the department, the right holder shall provide to the department any data used to compile the report. |
|
Every five (5) years, or more or less frequently if deemed necessary by the department, the right holder shall submit an analysis, based on a current aerial photo, of the number of acres irrigated for municipal type irrigation within the authorized place of use that are not already covered by Mountain Home Irrigation District or other surface water rights. |
| 046 |
Right holder shall comply with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Construction Rules of the Department. |
| F06 |
Rights 61-2072, 61-2167, 61-2170, 61-2188, 61-2210, 61-7151, 61-7172F, 61-7184, 61-7339, and 61-7439 are diverted through points of diversion described above. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 020 |
The diversion and use of water described in Transfer 72128 may be subject to additional limitations agreed to by the protestant(s) and the right holder under separate agreement to which the Department is not a party and which may be enforceable by a court of law. |
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Any diversions of water under this right shall not be allowed if irrigation within the authorized place of use is curtailed or ceases for any reason. |
| X63 |
All water rights within Basin 61 are from connected sources of water in the Snake River Basin and shall be administered conjunctively. |