| Code |
Condtions |
| E53 |
Use of this right with Right No.63-7103 & 63-8627 shall not exceed a maximum combined annual diversion volume of 1054.7 AF at the field headgate. |
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The right holder shall comply with the requirements of Sections 42-222 and 42-233 Idaho Code, when proposing any future changed to the use of water under this right. |
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Water diverted under this right is injected into Warm Springs Creek and is rediverted from Warm Springs Creek in the NESW S20, T3N, R3E, or in the SESW, S20, T3N, R3E, at the intersection of the creek and the Penitentiary Canal. |
| C18 |
This partial decree is subject to such general provisions necessary for the definition of the rights or for the efficient administration of the water rights as may be ultimately determined by the Court at a point in time no later than the entry of a final unified decree. Section 42-1412(6), Idaho Code. |
| X61 |
The period of use for the irrigation described in this approval may be extended to a beginning date of 3/1 provided that beneficial use of the water can be shown and other elements of the right are not exceeded. The use of water before 3/15 is subordinate to all water rights having no subordinated early or late irrigation use and a priority date earlier than 4/21/2008. |
| E55 |
Use of this right with Right No. 63-7103 and 63-8627 is limited to the irrigation of a combined total of 238.5 acres in a single irrigation season. |
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When the appurtenant surface water rights are not available, the portion of the place of use located east of the rediversion points may be irrigated under this right by diverting water from the Penitentiary Canal in exchange for replenishing the Penitentiary Canal with an equal amount of water diverted under this right, so long as the arrangement is acceptable to the owners/operators of the Penitentiary Canal.
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| 101 |
This right shall not be used if the surface water right(s) appurtenant to the place of use is sold, transferred, leased or used on any other place of use. |
| 100 |
The right holder shall use the full allotment of appurtenant surface water rights in conjunction with groundwater diverted under this right and shall only divert groundwater under this right when water from the appurtenant surface water rights cannot be delivered to the right holder. |
| X49 |
The right holder shall shall install and maintain measuring devices and lockable controlling works at the point of rediversion from Warm Springs Creek into the Penitentiary Canal and at the point where Penitentiary Canal is diverted in exchange for water diverted under this right |
| B05 |
Water temperature measured at 180 degrees F. |
| B07 |
Water is low temperature geothermal water. |
| E61 |
Use of this right with rights listed below is limited to a total combined diversion rate of 7.00 cfs and to a total combined annual diversion volume of 1575.5 AF. Combined Right Nos.: 63-365, 63-2973, 63-7103, 63-8627, & 63-35867. |
| E11 |
Use of this right with Right Nos. 63-2973, 63-7103, and 63-8627 is limited to the irrigation of a combined total of 350.1 acres in a single irrigation season. |