concurs in result as to part V.
I concur in Parts I, II, III, IV and VI. I concur in the result in Part V.
APPENDIX A
AMENDED GENERAL PROVISIONS ON FIREFIGHTING PURPOSES FOR BASINS 34, 36 AND 57
BASIN 34
5. FIREFIGHTING PURPOSES
a. Firefighting purposes is an alternate use for which any water right may be used, and firefighting is recognized as a lawful use of water with or without a water right.
b. Firefighting purposes means the use of water in times of emergency: to extinguish an existing-fire on private or public lands, facilities, or equipment; to prevent an existing fire from spreading to private or public lands, facilities, or equipment within the vicinity of and endangered by an existing fire; and by firefighting personnel engaged in fighting an existing fire. Firefighting purposes does not include the use of water to prevent a fire from occurring in the future, the use of water for domestic purposes in regularly maintained firefighting stations, or the storage of water for fighting future fires.
BASIN 36
2. FIREFIGHTING PURPOSES
a. Firefighting purposes is an alternate use for which any water right may be used, and firefighting is recognized as a lawful use of water with or without a water right.
b. Firefighting purposes means the use of water in times of emergency: to extinguish an existing fire on private or public lands, facilities, or equipment; to prevent an existing fire from spreading to private or public lands, facilities, or equipment within the vicinity of and endangered by an existing fire; and by firefighting personnel engaged in fighting an existing fire. Firefighting purposes does not include the use of water to prevent a fire from occurring in the future, the use of water for domestic purposes in regularly maintained firefighting stations, or the storage of water for fighting future fires.
BASIN 57
1. FIREFIGHTING PURPOSES
a. Firefighting purposes is an alternate use for which any water right may be used, and firefighting is recognized as a lawful use of water with or without a water right.
b. Firefighting purposes means the use of water in times of emergency: to extinguish *418an existing fire on private or public lands, facilities, or equipment; to prevent an existing fire from spreading to private or public lands, facilities, or equipment within the vicinity of and endangered by an existing fire; and by firefighting personnel engaged in fighting an existing fire. Firefighting purposes does not include the use of water to prevent a fire from occurring in the future, the use of water for domestic purposes in regularly maintained firefighting stations, or the storage of water for fighting future fires.
APPENDIX B
AMENDED GENERAL PROVISIONS ON IRRIGATION USE IN BASIN 34, 36 AND 57
BASIN 34
6. IRRIGATION USE. Water rights or portions of water rights shown with a purpose of use for irrigation include the following:
a. Incidental stock water. When stock water is not specifically included for a water right that includes irrigation, a portion of the quantity described for irrigation use can be diverted and used from the same point of diversion and at the same place of use as the irrigation use for purposes of maintaining a reasonable water supply for stock watering during the period of use for irrigation.
b. Early-season irrigation and late-season irrigation. The period of use of rights or portions of rights from the Big Lost River for irrigation purposes may begin as early as April 20 and continue as late as October 31 if water is reasonably necessary for irrigation. In addition, diversion of water from surface water tributaries to the Big Lost River under rights or portions of rights for irrigation use can occur either before or after the period of use for irrigation described in the water right where:
i. the water so diverted is applied to beneficial use for irrigation, including incidental stock watering,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than season of use, is exceeded or, violated by the early-season or late-season use,
iv. the diversion and use of water does not conflict with the local public interest, and
v. the irrigation water user utilizing this provision assumes all risk that the criteria of this general provision are satisfied.
c.Diversion of additional flows. A quantity of surface water in addition to the quantity of surface water described for irrigation use can be diverted for irrigation of the described place of use so long as:
i. the waters so diverted is applied to beneficial use for irrigation,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than quantity, is exceeded or violated by the diversion of additional flows,
iv. the diversion and use of water does not conflict with the local public interest, and
v. the irrigation water user utilizing this general provision assumes all risk that the criteria of this general provision are satisfied.
BASIN 36
3. IRRIGATION USE. Water rights or portions of water rights shown with a purpose of use for irrigation include the following:
a. Incidental stock water. When stock water is not specifically included for a water right that includes irrigation, a portion of the quantity described for irrigation use can be diverted and used from the same point of diversion and at the same place of use as the irrigation use for purposes of maintaining a reasonable water supply for stock watering during the period of use for irrigation.
*419b. Early-season irrigation and late-season irrigation. The diversion of rights or portions of rights for irrigation use either before or after the period of use for irrigation described in the water right can occur as long as:
i. the water so diverted is applied to beneficial use for irrigation, including incidental stock watering,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than season of use, is exceeded or violated by the early-season or late-season use,
iv. the diversion and use of water does not conflict with the local public interest, and
v. the irrigation water user utilizing this provision assumes all risk that the criteria of this general provision are satisfied.
c. Diversion of additional flows. A quantity of surface water in addition to the quantity of surface water described for irrigation use can be diverted for irrigation of the described place of use so long as:
i. the waters so diverted is applied to beneficial use for irrigation,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than quantity, is exceeded or violated by the diversion of additional flows,
iv. the diversion and use of water does not conflict with the local public interest, [and]
v. the irrigation water user utilizing this general provision assumes all risk that the criteria of this general provision are satisfied.
BASIN 57
3. IRRIGATION USE. Water rights or portions of water rights shown with a purpose of use for irrigation include the following:
a. Incidental stock water. When stock water is not specifically included for a water right that includes irrigation, a portion of the quantity described for irrigation use can be diverted and used from the same point of diversion and at the same place of use as the irrigation use for purposes of maintaining a reasonable water supply for stock watering during the period of use for irrigation.
b. Early-season irrigation and late-season irrigation. The diversion of rights or portions of rights for irrigation use either before or after the period of use for irrigation described in the water right can occur as long as:
i. the water so diverted is applied to beneficial use for irrigation, including incidental stock watering,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than season of use, is exceeded or violated by the early-season or late-season use,
iv. the diversion and use of water does not conflict with the local public interest, and
v. the irrigation water user utilizing this provision assumes all risk that the criteria of this general provision are satisfied.
c. Diversion of additional flows. A quantity of surface water in addition to the quantity of surface water described for irrigation use can be diverted for irrigation of the described place of use so long as:
i. the waters so diverted is applied to beneficial use for irrigation,
ii. all water rights diverting from the same or a common source, regardless of priority (now existing or developed subsequent to this decree), existing at the time *420of diversion that are within their period of use can be satisfied,
iii. no element of the water right, other than quantity, is exceeded or violated by the diversion of additional flows,
iv. the diversion and use of water does not conflict with the local public interest,
v. the irrigation water user utilizing this general provision assumes all risk that the criteria of this general provision are satisfied, and
vi. diversion of additional flows in the Reynolds Creek water system must also comply with general provision 3 of this report.
APPENDIX C
AMENDED GENERAL PROVISIONS ON CONJUNCTIVE MANAGEMENT FOR BASINS 34 AND 36
BASIN 34
3. CONJUNCTIVE MANAGEMENT OF GROUND AND SURFACE WATER RIGHTS WITHIN BASIN 34.
a. Some ground water rights in the list of water rights are described as being administered separate from the Big Lost River and its tributaries. All other ground water rights not so described will be administered as part of the Big Lost River and tributaries.
BASIN 36
1. ADMINISTRATION OF BASIN 36 RELATIVE TO THE SNAKE RIVER. The Eastern Snake River Plain Aquifer, the springs tributary to the Snake River or other surface tributaries, and surface tributaries to the Snake River in Basin 36 downstream from the Milner Dam are hydrologically connected to varying degrees.
The perched aquifer in the Rupert area is tributary both to the Snake River upstream from the Milner Dam and to the Eastern Snake River Plain Aquifer. Basin 36 water rights for surface and ground water, and Snake River water rights will be administered conjunctively, pursuant to law, with due consideration as to actual impacts of ground water diversions on senior water rights.
APPENDIX D
ORIGINAL GENERAL PROVISION ON CONJUNCTIVE MANAGEMENT FOR BASIN 57.
4. GENERAL PROVISION 4: ADMINISTRATION OF BASIN 57 AND SNAKE RIVER BASIN. Information currently available to IDWR does not provide a complete understanding of the interrelationship between water sources in Basin 57 and the Snake River; however, it does indicate that water sources in Basin 57 do not provide a significant amount of water to the Snake River. Therefore, the water sources in Basin 57 are not subject to administration as part of the Snake River at this time, but may become subject to such administration if the Director determines that such administration is necessary to protect senior rights from the Snake River.