| Code |
Condtions |
| 220 |
The five (5) ponds established by the storage of water under this right shall not exceed a total combined capacity of 44 acre-feet or a total surface area of 23 acres. |
| 219 |
Rights 63-32226 and 63-32608 authorize a total annual combined storage volume of 66.9 acre-feet, 44 acre-feet to be used for the initial filling or carryover storage of the ponds and 22.9 acre-feet for the replacement of losses caused by seepage and evaporation, |
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Subsequently approved rights based on earlier-in-time applications may reduce the amount of water available for appropriation under this right and may result in a reduction of the quantity found to be beneficially used at the time of licensing of this right. |
| 196 |
The right holder shall maintain a straight length of conduit or ditch suitable for installation of a device for measuring the entire flow of water being diverted in connection with this right. If the right holder uses conduit, the straight length of conduit shall be at least fifteen times the diameter of the conduit and shall be above ground or otherwise easily accessible. |
| X53 |
Diversion of the Ross East End Drain is limited to those times water is available for diversion under this right and priority from the Unnamed Drain tributary to Ross East End Drain. |
| R05 |
Use of water under this right will 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. |
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Right Nos. 63-32165, 63-32608, and 63-32226 are limited to a total combined diversion rate of 1.03 cfs during the irrigation season. |
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This right shall be junior and subordinate to future minimum in-stream flow water rights that may be established for the Boise River and its tributaries. |
| 204 |
This right shall be junior and subordinate to future water rights authorizing the diversion and use of water from the Boise River and its tributaries, including ground water, for consumptive uses, except that this right shall not be subordinate to future water rights for similar wildlife, recreation and/or aesthetic uses. |
| 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. |
| 176 |
The waste water diverted under this right is subject to the right of the original appropriator, in good faith and in compliance with state laws governing changes in use and/or expansion of water rights, to cease wasting water, to change the place of use or manner of wasting it, or to recapture it. |
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Wildlife use is for flow-through and return flow water associated with wildlife storage under this right. |
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Wildlife storage use is for habitat improvement. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |