| Code |
Condtions |
| X35 |
Commercial use under rights 63-7227 and 63-34123 when combined shall not exceed a total diversion rate of 0.02 cfs and a total annual maximum diversion volume of 8.0 af. |
|
Commercial use is for a water bottling facility. |
|
To mitigate during the non-irrigation season for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall rent three (3) acre feet of storage water from the Water District 63 rental pool November 1 through March 31 each year to be left undiverted in Lucky Peak Reseivoir for mitigation purposes. Permit holder shall maintain a record of such rentals and shall provide the record to the Department upon request. |
|
The right holder shall comply with all provisions of the mitigation plan received 7/19/16. Failure to mitigate as described by the plan of mitigation, while still diverting water under this permit, is cause for the director to cancel a water right permit or revoke a subsequently approved water right license. |
| 170 |
To mitigate during the irrigation season for the depletion of water resulting from the use of water under this right and to prevent injury to senior water right holders, the right holder shall cease diverting and using water as authorized by the following water rights for the purposes and amounts specified below. Moreover, the official record for the following water right will be changed to show that diversion and use of water is not authorized because the rights, or portion thereof, are being dedicated to mitigation purposes.
Use Changed
to Mitigation Mitigation Mitigation Mitigation
Right No by Non-Use Rate (cfs) Volume (AF) Acres
63-185B Irrigation 0.056 5.4 2.8
The land that will no longer be irrigated under this right is located within the service area of South Boise Water Company. Additionally, associated rights 63-148C, 63-150, 63-185A, 63-185B, 63-2392C and 63-2392D for the South Boise Water Company service area will be modified to reduce authorized irrigation acreage by 2.8 acres to prevent enlargement.
If the specified mitigation right, or portion thereof, is sold, transferred, leased, used on any place of use, or is not deliverable at a rate equal to or greater than 60% of the face value due to a shortage of water or a priority call, then the amount of water authorized for diversion under this right approval shall be reduced by the same proportion as the reduction beyond the 60% level to the mitigation rights. |
| 01R |
When notified by the Department, the right holder shall install and maintain a measuring device of a type acceptable to the Department as part of the diverting works. |
| R02 |
A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will provide the watermaster suitable control of the diversion. |
| 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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 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. |