| Code |
Condtions |
| 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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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 Watermaster and only when water is being released 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 Reservoir 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 or Lake Lowell as decreed in SRBA Case No. 39576. |
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THIS RIGHT IS LIMITED TO THE IRRIGATION OF 32.1 ACRES WITHIN THE PLACE OF USE DESCRIBED ABOVE. |
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PRIOR TO DIVERSION OF WATER UNDER THIS APPROVAL, THE RIGHT HOLDER SHALL PROVIDE A MEANS OF MEASUREMENT AND LOCKABLE CONTROLLING WORKS FOR ALL AUTHORIZED POINTS OF DIVERSION. THE MEANS OF MEASUREMENT AND CONTROLLING WORKS MUST BE SUITABLE FOR CONTROL OF THE DIVERSIONS AND ACCEPTABLE TO THE WATERMASTER. |
| J01 |
PROPERTY IS ALSO KNOWN AS WILDERNESS RANCH SUBDIVISION. |
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DIVERSION OF GROUND WATER AND SURFACE WATER FROM MORES CREEK IS LIMITED TO THOSE TIMES WATER IS AVAILABLE FOR DIVERSION UNDER THIS RIGHT AND PRIORITY FROM DAGGETT CREEK AT THE ORIGINAL POINT OF DIVERSION LOCATED IN THE NWSE, S16, T04N, R04E. |
| E62 |
THIS RIGHT WHEN COMBINED WITH ALL OTHER RIGHTS SHALL PROVIDE NO MORE THAN .02 CFS PER ACRE NOR MORE THAN 3.5 AFA PER ACRE FOR IRRIGATION OF THE LAND. |
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The total instantaneous diversion of water from all points of diversion under Right 63-4629A shall not exceed 0.45 cfs, nor total combined annual volume of 112.4 af. |
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Use of water under this water right will be regulated by the watermaster of State Water District No. 63, Boise River. |
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Prior to diversion of water under Transfer No. 69320, the water right holder shall provide a location and means of measurement acceptable to the Department for measuring the flow in Daggett Creek to confirm compliance with the above condition. |
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Surface water diverted from Mores Creek will be treated to drinking water standards and placed in the single community pipeline network supplying the Wilderness Ranch Subdivision. During periods when the flow of water treated exceeds flow demand for the community, treated water will be injected into the infiltration galleries. |
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Treated surface water injected to ground water through the infiltration galleries is considered to be totally used by the water right holder. The volume of water injected to the infiltration galleries is a portion of and is counted against the 112.4 acre-feet that is authorized for annual diversion by this water right. |
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Use of water under this approval shall comply with applicable water quality standards of the Department of Environmental Quality. |
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Right holder shall comply with any applicable injection or shallow injection well permit requirements of Sections 42-3903 and 42-3903A, Idaho Code. |
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Failure of the right holder to comply with the conditions of Transfer No. 69320 is cause for the Director to rescind approval of the transfer. |