| Code |
Condtions |
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This right may be limited to a total of 108.3 af during the period from October 1 through April 1 and/or 145.2 af during the period April 1 to October 1 for the purpose of protecting the artesian flow of water from the two wells used under water rights 63-12 and 63-13 and located in T04N, R02E, Sec. 29 NENESE. |
| E55 |
Use of this right with Right No. 63-5067 is limited to the outside irrigation of a combined total of 8.3 acres. |
| B07 |
Water temperature is measured at 120 degrees F.
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| E51 |
Use of this right with Right No. 63-5067 is limited to a total combined diversion rate of .33 cfs for outside irrigation. |
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Commercial use is included as an accomplished transfer pursuant to Section 42-1425, Idaho Code. |
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Commercial use is for all uses within the greenhouses, shop, retail shops and watering of plants, except heating. Irrigation use is for areas outside of the greenhouses. Domestic use is for heating in the apartment. |
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Diversion of low temperature geothermal water under this right for outside irrigation and watering of plants shall, to the extent possible, occur only when the cold water under Water Right No. 63-5067 is insufficient or cannot be used.
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This water right is subject to the terms of a private Agreement dated January 24,2002, recorded at the Ada County Recorder's Office on August 27, 2002 as Instrument No. 102097169. |
| N12 |
The quantity of water under this right for domestic use shall not exceed 13,000 gallons per day. |
| N11 |
The quantity of water decreed for this water right is not a determination of historical beneficial use. |
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The well that is the point of diversion is known locally as the Edwards well.
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Use of water under this water right will be regulated by the watermaster of State Water District No. 63-S, Stewart Gulch. Water District 63-S regulates the water rights from wells within its boundary that produce from the low temperature geothermal aquifer known locally as the Stewart Gulch Geothermal Aquifer.
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The SRBA Court declined to address the administrative issues of artesian pressure and reasonable pumping levels related to diversions from the low temperature geothermal aquifer locally known as the Stewart Gulch Geothermal Aquifer. Water users may raise these administrative matters directly with IDWR. |
| C04 |
Right includes accomplished change in purpose of use pursuant to Section 42-1425, Idaho Code. |
| C18 |
This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code. |