Sec. 46.15.120. Certificates.
Upon completion of construction of the works and commencement of use of water, the permit holder shall notify the commissioner that the appropriator has perfected the appropriation. If the commissioner determines that the appropriation has been perfected in substantial accordance with the permit, the commissioner shall issue the permit holder a certificate of appropriation. The […]
Sec. 46.15.133. Notices; objections.
(a) If the commissioner proposes a sale of water or receives an application for appropriation or removal, the commissioner shall prepare a notice containing the location and extent of the proposed sale, appropriation, or removal, the name and address of the applicant, if applicable, and other information the commissioner considers pertinent. The notice shall state […]
Sec. 46.15.140. Abandonment, forfeiture, and reversion of appropriations.
(a) The commissioner may declare an appropriation to be wholly or partially abandoned and revoke or amend the certificate of appropriation as to the unused quantity of water if an appropriator, with intention to abandon, does not make beneficial use of all or a part of the appropriated water. (b) The commissioner may declare that […]
Sec. 46.15.145. Reservation of water.
(a) The state, an agency or a political subdivision of the state, an agency of the United States, or a person may apply to the commissioner to reserve sufficient water to maintain a specified instream flow or level of water at a specified point on a stream or body of water, or in a specified […]
Sec. 46.15.150. Preferred use.
(a) An applicant who asserts and proves a preferred use shall be granted a permit and shall be granted preference over other appropriators. A preferred use of water is for a public water supply. (b) To be entitled to a preference an applicant must show that the applicant’s use will be prevented or substantially interfered […]
Sec. 46.15.030. Water reserved to the people.
Wherever occurring in a natural state, the water is reserved to the people for common use and is subject to appropriation and beneficial use and to reservation of instream flows and levels of water, as provided in this chapter.
Sec. 46.15.155. Authorization for temporary use of water.
(a) Notwithstanding any contrary provision of this chapter, the commissioner may authorize the temporary use of a significant amount of water, as determined by the department by regulation, for a period of time not to exceed five consecutive years, if the water applied for has not been appropriated in accordance with this chapter. (b) Notwithstanding […]
Sec. 46.15.035. Appropriation or removal of water out of hydrologic units to other hydrologic units; water conservation fee; reservation of water for fish.
(a) Water may not be removed from the hydrologic unit from which it was appropriated to another hydrologic unit, inside or outside the state, without being returned to the hydrologic unit from which it was appropriated nor may water be appropriated for removal from the hydrologic unit from which the appropriation is sought to another […]
Sec. 46.15.160. Transfer and change of appropriations.
(a) The right to use water under an appropriation or permit shall be appurtenant to the land or place where it has been or is to be beneficially used, provided, that water supplied by one person to another person’s property is not appurtenant to the property unless the parties so intend. An appurtenant water right […]
Sec. 46.15.037. Sale of water by the state.
(a) The commissioner may provide for the sale of water by the state if (1) the water has first been appropriated to the state in accordance with the requirements of this chapter; and (2) the commissioner determines that (A) the water is surplus to needs within the hydrologic unit from which it was appropriated, including […]