| Code |
Condtions |
| S45 |
Diversion for irrigation under this water right prior to April 1 and after October 31 shall occur only as authorized by the Water District 63 Water Master and only when water is being released for flood control by the United States from the Lucky Peak Dam outlet under procedures and requirements for the Memorandum of Agreement between the U.S. Department of the Army and the U.S. Department of the Interior for Flood Control Operations of the Boise River Reservoirs, dated November 20, 1953, the Water Control Manual for Boise River Reservoirs dated April 1985 and any future amendments or revisions made thereto pursuant to state or federal procedures or law; provided that any such use of this water right prior to April 1 and after October 31 shall be subordinated to water rights for storage in Lucky Peak Reservoir, Lake Lowell, Arrowrock Reservoir, and/or Anderson Ranch Reservoir, as decreed in SRBA Case No. 39576. |
| 200 |
The name of the United States of America acting through the Bureau of Reclamation appears in the Name and Address sections of this partial decree. However, as a matter of Idaho Constitutional and Statutory Law, title to the use of the water is held by the consumers or users of the water. The irrigation organizations act on behalf of the consumers or users to administer the use of the water for the landowners in the quantities and/or percentages specified in the contracts between the Bureau of Reclamation and the irrigation organizations for the benefit of the landowners entitled to receive distribution of this water from the respective irrigation organizations. The interest of the consumers or users of the water is appurtenant to the lands within the boundaries of or served by such irrigation organizations, and that interest is derived from law and is not based exclusively on the contracts between the Bureau of Reclamation and the irrigation organizations. |
| 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. |
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This right is renumbered from former right 63-373. |
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Water diverted by Nampa Meridian Irrigation District under this right in combination with the Right Nos. 63-251C, 63-301C, 63-302C and 63-2388C is limited to the irrigation of 98.13 acres within the place of use described above in a single irrigation season. |
| C03 |
Right includes accomplished change in point of diversion pursuant to Section 42-1425, Idaho Code. |
| C05 |
Right includes accomplished change in place of use pursuant to Section 42-1425, Idaho Code. |
| BD1 |
Pursuant to a call in times of scarcity, this right is junior to water right nos. 63-253, 63-292, 63-293 and 63-382B and any future splits of these rights. |
| BD2 |
This right shall receive 100 percent of its decreed quantity until the natural flow of the waters of the Boise River shall decrease so that all rights containing this condition cannot receive 100 percent of their decreed quantities, at which time this right and the other rights containing this condition shall first be cut to 75 percent of their decreed quantities, as the natural flow of the river decreases, beginning with the latest rights containing this condition and proceeding to the earliest rights containing this condition in the order of their priority dates, and after all of the rights containing this condition shall have been reduced to 75 percent of their decreed quantities, should the natural flow of the waters of the river decrease below the amount necessary to supply 75 percent of those decreed quantities, then this right and the other rights containing this condition, beginning with the latest and proceeding to the earliest, shall be reduced to 60 percent of their decreed quantities.
This step-down cut condition shall be implemented before the step-down cut condition contained in water rights identified as originating from the Stewart Decree is implemented. |
| BD4 |
The step-down cut condition contained in the quantity element of this partial decree and the subordination condition contained in the priority date element of this partial decree do not modify, amend, or waive any defenses available to this right to a call in times of scarcity. |