| Code |
Condtions |
| 020 |
Use of water under this right may be affected by an agreement between the protestant and the right holder. |
| 103 |
When ordered by the Director, the right holder shall provide mitigation acceptable to the Director to offset depletion of lower Snake River flows needed for migrating anadromous fish. The amount of water required for mitigation, which is to be released into the Snake River or a tributary for this purpose, will be determined by the Director based upon the reduction in flow caused by the use of water pursuant to this right. Any order of the Director issued in accordance with this paragraph shall be in conformance with applicable rules allowing the right holder due process as the need for mitigation and the amount of mitigation are determined. |
| R65 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor more than 4.5 afa per acre at the field headgate for irrigation of the lands above. |
| X36 |
Rights 63-11995 and 63-11996 are also diverted through the point of diversion described above. |
| X35 |
Rights 63-11995, 63-11996 and 63-12450 when combined shall not exceed a total annual maximum diversion volume of 1660.0 af at the field headgate, and the irrigation of 369 acres. |
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In order to maintain recharge to the aquifer, the water right holder shall continue to use Willow Creek water rights on the land described under this right to the extent the Willow Creek water rights are determined in the SRBA to exist. This right is supplemental to the Willow Creek water rights and shall only be diverted when water from the surface water rights cannot be delivered to the right holder, nor shall this right be utilized to provide a full water supply on acres where Willow Creek water has historically been used, unless the SRBA court determines the Willow Creek rights are not valid. This right shall not be used if the surface water rights appurtenant to the place of use are sold, transferred, leased or used on any other place of use. |
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The water right holder shall maintain a well acceptable to the Department for use as a monitoring well. The well shall be completed in the regional aquifer, located within 1/2 mile of the production well, and the depth to water therein shall be monitored during March and October each year and the measurements provided to IDWR. |
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The right holder shall maintain in the irrigation well a known-depth pressurizable air line to enable periodic determinations of the depth to water in the well. |
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In accordance with applicable law, the right holder is responsible to ensure that pumpage under this right does not directly lower the water level in any domestic well drilled and in use prior to 3/29/1978, requiring modification to the well or pumping system as determined by the Director unless the right holder provides reasonable compensation or mitigation to the prior right holder. |
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In accordance with applicable law, the right holder is responsible to ensure that pumpage under this right does not reduce the water available under any prior right as determined by the Director, unless the right holder provides compensation or mitigation to the prior right holder. |
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Upon determination by the Director that prior down-gradient minimum stream flow is not being fully satisfied, the right holder shall either cease diversion of water pursuant to this right or shall provide water in an amount necessary to mitigate the ongoing diversion under this right for release into the stream in which the minimum stream flow is not being met. |
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The right holder shall maintain a measuring device on each point of diversion and shall annually report to the Department the amount of water diverted and the depth to water. |