| Code |
Condtions |
| X35 |
Rights 63-35135, 63-35136 and 63-34144 when combined shall not exceed a total diversion rate of 1.58 cfs. |
| X35 |
Rights 63-35135, 63-35136, 63-35143, and 63-35144 when combined shall not exceed a total diversion rate of 1.96 cfs, a total annual maximum diversion volume of 433.9 af at the field headgate, and the irrigation of 96.0 acres. |
| R65 |
This right when combined with all other 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 of the place of use. |
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The ground water source for this right shall be limited to water bearing formations no deeper than 200 feet below ground surface. |
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Ground water diverted from the two points of diversion in Govt. Lot 4 (NWNW), Section 3, Township 4N, Range 1W is injected into Little Gulch Creek and rediverted from Little Gulch Creek. |
| 065 |
The right holder shall make full beneficial use of Right 63-35143 and shall limit the diversion of ground water under this right to those times when the Right 63-35143 is not available or is not reasonably sufficient to irrigate the place of use authorized under this right. |
| 105 |
If the surface water right 63-35143 is unavailable for any reason other than drought or curtailment by priority (for example abandoned, forfeited, sold, transferred, leased, used on another place of use, or disallowed by court decree), the right holder shall not divert ground water for irrigation purposes on the land with appurtenant surface water rights without an approved transfer pursuant to Section 42-222, Idaho Code, or approval of the Department if a transfer is not required. |
| R19 |
The right holder shall maintain totalizing measuring devices approved by the Department to measure and record the rate and volume of ground water diverted in connection with this right. The right holder shall measure flow from the well, record the maximum flow for a given month, measure and record the total volume of water diverted for each month, and measure and record the total volume of water diverted each year from the wells. The right holder shall maintain these records for a minimum of 10 years and shall make those records available to the Department for inspection at any given time. |
| 213 |
Upon specific notification of the Department, the right holder shall install and maintain data loggers to record water usage information at the authorized points of diversion in accordance with Department specifications. |
| 197 |
Upon specific notification by the Department, the right holder shall install and maintain an acceptable measuring device, including data logger, at the authorized point of rediversion, in accordance with Department specifications. |
| 020 |
The diversion and use of water described in this right may be subject to additional conditions and limitations agreed to by the protestant and the right holder under a separate agreement 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 agreement not specifically addressed in other conditions herein. Enforcement of those portions of the agreement not specifically addressed in other conditions shall be the responsibility of the protestant and the water right holder. |
| 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. |