| Code |
Condtions |
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Aesthetic and wildlife uses are for flow through water associated with the Diane Moore Nature Center. |
| 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. |
| 01J |
Prior to diversion of water under this right, the right holder shall install and maintain a measuring device and lockable controlling works at the point of diversion and a measuring device at the point of return to the Boise River of a type and at a location acceptable to the Department as part of the diverting works. The point of return shall be located in or near Township 02N, Range 03E, Section 4, NENE. |
| 170 |
To mitigate 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 by non-use. The mitigating right may also include a condition stating that the mitigation by non-use is for the benefit of this right.
Use Changed to Mitigation Mitigation Mitigation
Right No. Mitigation by Non-Use Rate (cfs) Acres
63-185B Irrigation 0.08 4.0
The land that will no longer be irrigated under the mitigating rights 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 4.0 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, the right holder shall cease diversion, shall rent water from the Boise River Rental Pool, or shall otherwise mitigate for the depletion of water caused by this water use. |
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This right does not authorize the diversion or use of water released from Lucky Peak Reservoir for streamflow maintenance purposes pursuant to water right 63-3618. Pursuant to water right 63-3618, the quantity, duration, and timing of streamflow maintenance releases from Lucky Peak Reservoir are determined according to joint written instructions from the United States Bureau of Reclamation and the Idaho Department of Fish and Game to the Idaho Department of Water Resources. |
| 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. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |
| 020 |
The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestants and the right holder under separate agreements, dated August 26, 2021, and dated August 19, 2021, respectively, to which the Department is not a party. Because the Department is not a party, the Department is not responsible for enforcement of any aspect of the agreements not specifically addressed in other conditions herein. Enforcement of those portions of the agreements not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder. |
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Diversions under this right into the side channel may occur only when flows in the existing main channel of Boise River exceed 600 cubic feet per second, as measured at the USGS Glenwood Bridge stream gage (Site No. 13206000). |