| Code |
Condtions |
| X27 |
This right is limited to the irrigation of 110 acres within the place of use described above in a single irrigation season. |
| X35 |
Rights 61-7203 and 61-7399 when combined shall not exceed a total diversion rate of 2.30 cfs and a total annual maximum diversion volume of 1,103 af. |
| X35 |
The following water rights when combined for all authorized uses shall not exceed a total diversion rate of 74.74 cfs, a total annual maximum diversion volume of 19,943 af, and the irrigation of 4692.8 acres. 61-7197, 61-7203, 61-7204, 61-7206C, 61-7207A, 61-7207B, 61-7210, 61-7239, 61-7247B, 61-7247D, 61-7263, 61-7264A, 61-7264B, 61-7306B, 61-7265, 61-7321, 61-7330, 61-7399, 61-7442, 61-12013, 61-12015, 61-12017, 61-12079, 61-12080, and 61-12081. |
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The total instantaneous diversion of water from all points of diversion within the Cinder Cone Butte Critical Groundwater Area as designated on May 7, 1981 under rights 61-7197, 61-7203, 61-7204, 61-7206C, 61-7207A, 61-7207B, 61-7210, 61-7239, 61-7247B, 61-7247D, 61-7263, 61-7264A, 61-7264B, 61-7306B, 61-7265, 61-7321, 61-7330, 61-7399, 61-7442, 61-12013, 61-12015, 61-12017, 61-12079, 61-12080, and 61-12081 shall not exceed 73.04 cfs, nor a total combined annual volume of 19,359 af. |
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The total instantaneous diversion of water under the rights listed below shall not exceed 59 cfs, nor a total combined annual volume of 15,670 af from all points of diversion within the area designated as tributary to the Milner to Swan Falls reach of the Snake River. See IDAPA 37.03.08.030. Right numbers 61-7197, 61-7203, 61-7204, 61-7206C, 61-7207A, 61-7207B, 61-7210, 61-7239, 61-7247B, 61-7247D, 61-7263, 61-7264A, 61-7264B, 61-7306B, 61-7265, 61-7321, 61-7330, 61-7399, 61-7442, 61-12013, 61-12015, 61-12017, 61-12079, 61-12080, and 61-12081. |
| 226 |
To the extent necessary for administration between points of diversion for ground water, and between points of diversion for ground water and hydraulically connected surface sources, this right retains its original priority for well locations authorized under this right as identified in the Decree dated 12/30/2012. |
| 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 irrigation of the place of use. |
| 206 |
Rights 61-7197, 61-7203, 61-7204, 61-7206C, 61-7207A, 61-7207B, 61-7210, 61-7239, 61-7247B, 61-7247D, 61-7263, 61-7264A, 61-7264B, 61-7265, 61-7306B, 61-7321, 61-7330, 61-7399, 61-7442, 61-12013, 61-12015, 61-12017, 61-12079, 61-12080 and 61-12081 are limited to the irrigation of a specific 4,692.8 acres within the 6,654.0 acre place of use authorized by this right in a single irrigation season. The specific 4,692.8 acres to be irrigated by the right holder are shown in the electronic shape file associated with this right in the geographic information system component of the water rights database maintained by the department. Before changing the 4,692.8 acres to be irrigated within the 6,654.0 acre place of use, the right holder shall submit a new land list and representative electronic shape file or map to the Department prior to the irrigation season in which the change will occur. |
| R05 |
Use of water under this right may 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. 161. |
| 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(s). |
| X61 |
The period of use for the 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 6/19/2006. |
| 933 |
This right is for the use of trust water, and it is subject to review 5 years after the approval of Transfer 81560 to re-evaluate the availability of trust water for the authorized use and to re-evaluate the public interest criteria for reallocating trust water. |
| 934 |
When the minimum stream flow water rights in the Snake River at Murphy Gage are not being satisfied, the right holder shall cease diverting water for the consumptive uses authorized by this right. The minimum stream flow water rights are for 3,900 cfs from April 1 through October 31 and 5,600 cfs from November 1 through March 31. See IDAPA 37.03.08.030. |
| SF2 |
This water right enjoys the benefit of subordination of hydropower water right nos. 02-00100, 02-4000A, 02-4001A, 02-02032A, 02-4000B, 02-4001B, 02-02032B, 02-02036, 02-02056, 02-02065, 02-02064, 02-10135, 02-02060, 02-02059, 02-02001B, 02-02001A, 02-02057, 37-02128, 37-02472, 37-02471, 37-20710, 37-20709, 36-02013, 36-02018 and 36-02026 only so long as the average daily flows as measured at the Murphy Gaging station meet or exceed the minimum stream flows established by state action.
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| 046 |
Right holder shall comply with the drilling permit requirements of Idaho Code § 42-235 and applicable Well Construction Rules of the Department. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one 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 determined by the Snake River Basin Adjudication court in the final unified decree entered 08/26/2014. |