| Code |
Condtions |
| 172 |
The boundary encompassing the place of use for this water right is described with a digital boundary as authorized by Idaho law. The data comprising the digital boundary are stored in the electronic document management system of the Department and are incorporated into this approval by this reference. A map depicting the place of use is attached to this approval document to illustrate the place of use described by the digital boundary. |
| 127 |
Place of use is within the boundary of Nampa & Meridian Irrigation District pursuant to Section 43-323, Idaho Code. |
| 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. 63. |
| 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). |
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The annual volume of water used for industrial and ground water recharge purposes under right nos. 63-199B and 63-200B shall be measured using separate totalizing measuring devices and the right holder shall report the totals to the department by December 31 of each year. |
| X61 |
The period of use for industrial use described in this approval may be extended to a beginning date of 3/1 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 3/15 is subordinate to all water rights having no subordinated early season use and a priority date earlier than the date of this approval. |
| S45 |
Diversion for irrigation under this water right prior to April 1 and after October 31 shall occur only as authorized by the Water District 63 Water Master and only when water is being released for flood control by the United States from the Lucky Peak Dam outlet under procedures and requirements for the Memorandum of Agreement between the U.S. Department of the Army and the U.S. Department of the Interior for Flood Control Operations of the Boise River Reservoirs, dated November 20, 1953, the Water Control Manual for Boise River Reservoirs dated April 1985 and any future amendments or revisions made thereto pursuant to state or federal procedures or law; provided that any such use of this water right prior to April 1 and after October 31 shall be subordinated to water rights for storage in Lucky Peak Reservoir, Lake Lowell, Arrowrock Reservoir, and/or Anderson Ranch Reservoir, as decreed in SRBA Case No. 39576. |
| 155 |
This right shall receive 100 percent of its decreed quantity until the natural flow of the waters of the Boise River shall decrease so that all rights containing this condition cannot receive 100 percent of their decreed quantities, at which time this right and the other rights containing this condition shall first be cut to 75 percent of their decreed quantities, as the natural flow of the river decreases, beginning with the latest rights containing this condition and proceeding to the earliest rights containing this condition in the order of their priority dates, and after all of the rights containing this condition shall have been reduced to 75 percent of their decreed quantities, should the natural flow of the waters of the river decrease below the amount necessary to supply 75 percent of those decreed quantities, then this right and the other rights containing this condition, beginning with the latest and proceeding to the earliest, shall be reduced to 60 percent of their decreed quantities. |
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This right when combined with Right Nos. 63-198AJ, 63-200B, 63-2392B, 63-2968, 63-30181, and 63-32695 can be used to irrigate up to 69,495 acres within the boundary of the Nampa Meridian Irrigation District. |
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Diversion and use of water for industrial purposes under right nos. 63-199B and 63-200B shall not be more consumptive nor more depletive of water flowing in the Boise River than an equivalent diversion and use of water for irrigation purposes under those rights. |
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Since approval of transfer 88506 Surprise Valley diversion is identified in the conditions of this right as Simplot/Micron diversion or BSD diversion. Simplot/Micron identifies water diverted for irrigation, industrial, or ground water recharge. BSD identifies water diverted for irrigation of the Les Bois Junior High and the Trail Wind Elementary school sites in Columbia Village annexed by Nampa & Meridian Irrigation District. Collectively, the Simplot/Micron and BSD diversions will be referred to as Surprise Valley Pump Station. |
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The rate of flow diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B at the Surprise Valley Pump Station shall not exceed a combined total of 34.56 cfs. |
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When the authorized diversion of water under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B is reduced at the Ridenbaugh Canal, excluding reductions for canal maintenance, the diversion of water under those rights at the Surprise Valley Pump Station, the Green Ranch diversion, the Danskin diversion, and the Davison diversion must also be reduced by an equivalent proportion. |
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Prior to March 1 of each year the right holder shall report to the department the number and location of acres to be irrigated by right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Simplot/Micron diversion and shall also report the maximum rate of flow to be diverted for industrial and ground water recharge purposes at the Simplot/Micron diversion. Use of water under those rights each year shall not exceed the reported amounts. |
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The amount of water diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Simplot/Micron diversion for irrigation purposes shall be calculated at a diversion rate of 0.02 cfs per acre to be irrigated, and when combined with any other rights those 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 purposes. This condition shall not be construed as a requirement for the right holder to regulate water on a volumetric basis. |
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The number of acres available for irrigation under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Simplot/Micron diversion each year shall be reduced from a maximum of 1700 by at least the number resulting from the total rate of flow to be diverted for industrial and ground water recharge purposes divided by 0.02 cfs/acre. |
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The place of use for industrial and ground water recharge purposes under right nos. 63-199B and 63-200B is limited to the lands served by the Simplot/Micron diversion. |
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The amount of water diverted under right nos. 63-30181, 63-1989AJ, 63-199B, and 63-200B from the BSD diversion shall be calculated at a diversion rate of 0.014 cfs per acre to be irrigated, and when combined with any other rights those shall provide no more than 0.02 cfs per acre nor more volume than can be benficially used for irrigation purposes. This condition shall not be construed as a requirement for the right holder to regulate water on a volumetric basis. |
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The rate of flow diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B at the BSD diversion shall not exceed a combined total of 0.56 cfs. |
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The right holder shall be responsible for recording the rate of flow diverted from the Surprise Valley Pump Station for the Simplot/Micron and BSD diversions. |
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The amount of water diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Green Ranch diversion for irrigation purposes shall be calculated at a diversion rate of 0.0156 cfs per acre to be irrigated, and when combined with any other rights those rights shall provide no more than 0.02 cfs per acre nor more volume than can be beneficially used for irrigation purposes. This condition shall not be construed as a requirement for the right holder to regulate water on a volumetric basis. |
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The rate of flow diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B at the Green Ranch Diversion shall not exceed a combined total of 0.72 cfs. |
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The right holder shall be responsible for measuring and recording the rate of flow diverted from the Green Ranch, Danskin, and Davison diversions on a weekly basis during the authorized irrigation season and shall provide the diversion records upon request to the watermaster or the department. |
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Water shall not be diverted under this right at the Green Ranch diversion if such diversion would cause injury to rights senior in priority to November 20, 2001 that are authorized to divert from Mores Creek and tributaries. |
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The amount of water diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Danskin diversion for irrigation purposes shall be calculated at a diversion rate of 0.01 cfs per acre to be irrigated, and when combined with any other rights those rights shall provide no more than 0.02 cfs per acre nor more volume than can be beneficially used for irrigation purposes. This condition shall not be construed as a requirement for the right holder to regulate water on a volumetric basis or to limit the rate water may be applied to less than 0.02 cfs per acre at the field headgate. |
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The rate of flow diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B at the Danskin Diversion shall not exceed a combined total of 1.55 cfs. |
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Rights 63-115, 63-19756, 63-31296, 63-31290A, and 63-31290B, and the following rights when diverted from the Danskin diversion, 63-198AJ, 63-199B, 63-200B, 63-30181, when combined shall not exceed a total diversion rate of 3.10 cfs and the irrigation of 155 acres. |
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Water shall not be diverted under this right at the Danskin diversion if such diversion would cause injury to rights senior in priority to December 22, 2021 that are authorized to divert from Rock Creek and its tributaries. |
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The amount of water diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B from the Davison diversion for irrigation purposes shall be calculated at a diversion rate of 0.01 cfs per acre to be irrigated, and when combined with any other rights those rights shall provide no more than 0.02 cfs per acre nor more volume than can be beneficially used for irrigation purposes. This condition shall not be construed as a requirement for the right holder to regulate water on a volumetric basis or to limit the rate water may be applied to less than 0.02 cfs per acre at the field headgate. |
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The rate of flow diverted under right nos. 63-30181, 63-198AJ, 63-199B, and 63-200B at the Davison Diversion shall not exceed a combined total of 2.20 cfs. |
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Right 63-114 and the following rights when diverted from the Davison diversion, 63-198AJ, 63-199B, 63-200B, 63-30181, when combined shall not exceed a total diversion rate of 8.90 cfs and the irrigation of 458 acres. |
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Water shall not be diverted under this right at the Davison diversion if such diversion would cause injury to rights senior in priority to November 22, 2023 that are authorized to divert from Rock Creek and its tributaries. |
| T19 |
Pursuant to Idaho Code § 42-1412(6), 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. |
| 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. |
| SD1 |
This right originated as all or part of right no. 67 in the Stewart Decree and the historic Boise River Water Masters records. |