| Code |
Condtions |
| T07 |
The right holder shall accomplish the change authorized by this transfer within one year of the date of this approval. |
| T08 |
Failure of the right holder to comply with the conditions of this transfer is cause for the Director to rescind approval of the transfer. |
| 046 |
Right holder shall comply with the drilling permit requirements of Idaho Code § 42-235 and applicable Well Construction Rules of the Department. |
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The source of water for this right is limited to the Rathdrum Prairie Aquifer. |
| 126 |
Place of use is within the service area of North Kootenai Water District as provided for under Idaho law. The place of use is generally located within T49N R3W, T50N R4W, T51N R3W, T51N R4W, T51N R5W, T52N R3W, T52N R4W, T53N R3W, T53N R4W, and T53N R5W. |
| 180 |
A map generally depicting the service area for this water right at the time of this approval is attached to this document for illustrative purposes. |
| 174 |
This right authorizes the diversion of ground water within the Rathdrum Prairie Ground Water Management Area (RPGWMA). Use of water under this right shall be subject to the provisions of the RPGWMA management plan approved by the director, including its conservation goals. |
| 175 |
When notified by the Department, the right holder shall record the quantity of water diverted and annually report diversions of water and/or other pertinent hydrologic and system information as required by Idaho Code § 42-701, and/or the management plan for the Rathdrum Prairie Ground Water Management Area. |
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The right holder shall maintain an operational integrated data collection and reporting system that instantaneously reports to a central location relevant pumping and related information, including instantaneous flow rates and cumulative volumes, for each point of diversion authorized under this right. The right holder shall allow the Department and the watermaster with responsibility for administration of this right physical access to view the data collection system at each point of diversion and at the central data monitoring location for regulatory and compliance purposes. |
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The right holder shall maintain records of the maximum daily diversion rate and the total volume of water diverted each day from each point of diversion for this water right for at least the most recent five years. The right holder shall report the water diversion data to the Department as instructed by the Department. The right holder shall report the first 12 months of data, from the date of approval of this license, to the Department within 30 days of the completion of the 12 month period, and shall submit further reports upon request by the Department. |
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When notified by the Department or by a watermaster with responsibility for administration of this right that curtailment by priority is required, the right holder shall cease diverting water pursuant to this right. To accomplish the curtailment, the right holder shall, under the supervision and direction of the Department and the watermaster, use its integrated data collection and reporting system with the accounting system approved by the Department to ensure that the water being diverted does not exceed the authorized diversion rates and volumes for its water rights that remain in priority. |
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If the Department determines use of the right holder's integrated data collection and reporting system with the accounting system is ineffective for administration by priority, the Department may issue an order reducing the points of diversion to one or more of the integrated water systems operated by the right holder. If the Department issues such an order, the right holder shall be entitled to a hearing pursuant to Idaho Code § 42-1701A. |
| 140 |
Noncompliance with any condition of this right, including the requirement for mitigation, is cause for the director to issue a notice of violation, cancel or revoke the right, or, if the right is included in a water district, request that the watermaster curtail diversion and use of water. |
| F06 |
The following rights are diverted through point(s) of diversion described above: 95-2144, 95-2205, 95-7138, 95-7185, 95-7231, 95-7271, 95-7713, 95-7763, 95-7827, 95-8522, 95-8639, 95-9129, 95-9199, 95-9217, 95-9244, 95-10019, & 95-12599. |
| X35 |
Rights 95-2144, 95-2205, 95-7138, 95-7185, 95-7231, 95-7271, 95-7713, 95-7763, 95-7827, 95-8522, 95-8639, 95-9129, 95-9199, 95-9217, 95-9244, and 95-10019 when combined shall not exceed a total annual maximum diversion volume of 11,100 af. |
| F21 |
Point of diversion described as being in T52N R04W S6, is located in Tract 37 as depicted in the 2005 resurvey. |
| IDL |
State endowment land within the municipal service area shall not be considered part of the place of use for this water right absent an express agreement between the Idaho Department of Lands and the municipal provider recorded with the Idaho Department of Water Resources. |
| 004 |
This right does not grant any right-of-way or easement across the land of another. |