| Code |
Condtions |
| 943 |
The right holder shall make full beneficial use of surface water pursuant to Right 65-13640 for irrigation of lands within the authorized place of use for this right. The right holder may divert ground water under this right for irrigation purposes when the surface water supply is not reasonably sufficient to irrigate the place of use for this water right or is not available due to drought, curtailment by priority, or the regular seasonal startup and shutoff or maintenance schedule for Right 65-13640. The right holder shall not divert ground water for irrigation purposes under this right if use of the surface water supply is intentionally discontinued or reduced (for example abandoned, forfeited, sold, disallowed by court decree, or leased to the Water Supply Bank), or is not deliverable due to non-payment of annual assessments, without an approved transfer pursuant to Section 42-222, Idaho Code, or other Department approval. |
| WB7 |
This right when combined with all other rights shall provide no more than 0.02 cfs per acre nor exceed a combined annual maximum diversion volume of 441 af at the field headgate for the place of use. |
| R58 |
This right when combined with all other rights shall provide no more than 3.0 afa per acre at the field headgate for irrigation of the place of use. |
| 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. |
| 01M |
After specific notification by the Department, the right holder shall install on the two points of diversion from ground water a suitable measuring device or shall enter into an agreement with the Department to use power records to determine the amount of water diverted and shall annually report the information to the Department. |
| 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. |
| 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. 65. |
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Water diverted under this right is injected into Williams Creek at the authorized point of injection and rediverted from Williams Creek at the authorized point of rediversion. Water shall not be rediverted from Williams Creek unless an equal amount of water is simultaneously being injected into Williams Creek. |
| X11 |
The right holder shall install and maintain acceptable measuring devices at the point of injection into Williams Creek and at the point of rediversion from Williams Creek. |
| R02 |
A lockable device subject to the approval of the Department shall be maintained on the diverting works in a manner that will provide the watermaster suitable control of the point of injection and point of rediversion from Williams Creek. |
| 259 |
Rights 65-13640, 65-13704, 65-13751, and 65-22911 authorize the storage of an annual total of 133 af, comprised of 118 af to be used for the initial filling or carryover storage of the ponds and 15 af for the replacement of losses due to seepage and evaporation for the 2 ponds known locally as Annie Pond and Whitetail Pond. |
| X35 |
The irrigation components of Rights 65-13640 and 65-13704 when combined shall not exceed a total annual maximum diversion volume of 441 af and the irrigation of 147 acres. |
| X35 |
Rights 65-13704 and 65-13751 when combined shall not exceed a total diversion rate of 0.73 cfs and a total annual maximum diversion volume of 14.4 af for the non-irrigation uses. |
| X35 |
Rights 65-13704, 65-13751, and 65-22911 when combined shall not exceed a total diversion rate of 0.73 cfs and a total annual maximum diversion volume of 74.4 af for the non-irrigation uses. |
|
Storage of water pursuant to this right is limited to the pond known locally as Whitetail Pond. |
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Recreation and recreation storage uses are for fishing and swimming. |
| F06 |
The following rights are diverted through point(s) of diversion described above: 65-13704, 65-13751 and 65-22911. |