| Code |
Condtions |
| 220 |
The four (4) ponds and eight (8) flooded swales and fields established by the storage of water pursuant to water rights 63-32467, 63-32911, and 63-32912 shall not exceed a total capacity of 171 acre-feet or a total surface area of 63 acres. |
| 219 |
Rights 63-32467, 63-32911, and 63-32912 authorize a total combined annual storage volume of 182 acre-feet, comprised of 171 acre-feet to be used for the initial filling or carryover storage of the ponds and 11 acre-feet for the replacement of losses caused by seepage and evaporation. |
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Water diverted under the wildlife flow component of this water right shall be returned to the Boise River. |
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Wildlife and wildlife storage uses are for habitat improvement during the non-irrigation season. |
| 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. |
| 01R |
When notified by the Department, the right holder shall install and maintain measuring devices of types acceptable to the Department at the point of diversion and at the point of return to the source stream. |
| 196 |
The right holder shall install or construct straight lengths of conduit or ditch that will accommodate devices for measuring the entire flow of water being diverted in connection with this right and the entire flow of water being returned to the source stream in connection with this right. If the right holder uses conduit, the straight length(s) of conduit shall be at least ten times the diameter of the conduit and shall be above ground or otherwise easily accessible. |
| 945 |
Any obstruction in the Boise River channel for diversion of water under this right must provide for watercraft and fish passage. The right holder must bypass sufficient flows in the Boise River at the point of diversion to accommodate watercraft navigation and fisheries values in the Boise River downstream of the diversion. The quantity of the bypass flow may be established in the future by the filing of a petition with the Department to establish the bypass flows and subsequent proceedings as described in the Department’s Rules of Procedure. |
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This right shall be junior and subordinate to future minimum instream flow water rights that may be established for the Boise River and its tributaries. |
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This right does not authorize the diversion and use of water released from Lucky Peak Reservoir for stream flow maintenance purposes in connection with Water Right 63-3618. |
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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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |