45-511. Definitions In this article, unless the context otherwise requires: 1. " General industrial use" means a non-irrigation use of groundwater except those subject to permits issued pursuant to sections 45-513 and 45-514 and those for which a certificate of assured water supply is required pursuant to section 45-576. General industrial use includes animal industry […]
45-512. Categories of groundwater withdrawal permits Except as provided in section 45-452, subsection H, section 45-513, subsection B and articles 5 and 6 of this chapter, a person may not withdraw groundwater from a nonexempt well in an active management area unless the person obtains a groundwater withdrawal permit from the director pursuant to this […]
45-513. Dewatering permit; definition; priorities for use of groundwater; conditions on director; duration of permit A. Except as provided in subsection F of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a dewatering permit for the beneficial use of the land […]
45-514. Mineral extraction and metallurgical processing permit; conditions for issuance; duration of permit A. Except as provided in subsection D of this section, a person who is engaged in or proposes to engage in the extraction and processing of minerals shall be issued a permit to withdraw groundwater in the required amount, if all of […]
45-515. General industrial use permits; conditions for issuance; duration of permit A. Except as provided in subsection D of this section, the director shall issue a permit to withdraw groundwater from a point outside of the exterior boundaries of the service area of a city, town or private water company for a general industrial use […]
45-516. Poor quality groundwater withdrawal permit; conditions for issuance; duration of permit A. The director may issue a permit to a non-irrigation user to withdraw poor quality groundwater if he determines that the groundwater to be withdrawn because of its quality has no other beneficial use at the present time and that the withdrawal of […]
45-517. Temporary permit for electrical energy generation; conditions for issuance A. The director shall, upon an adequate showing that an emergency exists, issue a temporary permit to a person engaged in the generation of electrical energy to withdraw groundwater in excess of the amount of groundwater the person is legally entitled to withdraw under a […]
45-518. Temporary dewatering permit; extensions; emergency temporary dewatering permit; conditions for issuance A. The director may issue a temporary permit to a person to withdraw groundwater for dewatering purposes if the director determines that: 1. Dewatering is necessary for the construction or the structural integrity of improvements on the land from which the groundwater is […]
45-519. Drainage water withdrawal permit; conditions for issuance A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production in respect to those lands and the withdrawal of such groundwater is […]
45-519.01. Hydrologic testing permits; conditions for issuance A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater samples to test groundwater quality, if the testing is necessary to comply with applicable environmental controls. A hydrologic testing permit issued under this subsection […]
45-520. Point of withdrawal; location of use; conveyance A. A person who withdraws groundwater under a permit issued pursuant to this article may change his point or points of withdrawal only pursuant to sections 45-597 and 45-598 and may change his location of use only with the approval of the director and by applying for […]
45-521. Permit application form; filing; contents Application for a permit to withdraw groundwater pursuant to this article shall be made on a form provided by the director which shall include the following information: 1. The name and mailing address of the applicant. 2. The name of the active management area and sub-basin, if any, in […]
45-522. Correction of application Upon receipt of an application, the director shall endorse on the application the date of its receipt and keep a record of the application. If the director determines the application is incorrect or incomplete, the director may request additional information from the applicant. The director may conduct independent investigations as may […]
45-523. Notice; objections; hearing A. Except as provided in section 45-518, subsection D and section 45-519.01, subsection F, when the permit application is determined complete and correct, the director shall, within fifteen days of such determination, give notice of the application once each week for two consecutive weeks in a newspaper of general circulation in […]
45-524. Approval or rejection of permit application A. The approval or rejection of an application for a permit shall be endorsed on the application and dated. If the permit is denied, the director shall notify the applicant in writing specifically stating the reasons for denial. B. A permit issued by the director shall contain the […]
45-525. Registry of permits; reporting A. The director shall establish and maintain a registry of permits for each active management area. The registry shall include a copy of each permit in the active management area and such other pertinent information as the director determines is necessary. B. A person to whom a permit is issued […]
45-526. Appeals A person whose application is denied or a person who contested a permit by filing a proper objection pursuant to section 45-523 may seek judicial review of the decision in the superior court.
45-527. Modification of permit A permittee may seek modification of an unexpired groundwater withdrawal permit and renewal of a permit within six months prior to the date of the expiration of the permit. All permit modifications or renewal applications shall be treated in the same manner as the initial permit application and are subject to […]
45-528. Revocation of permits A. After an administrative hearing in the active management area in which the use is located, the director may permanently, or temporarily, in whole or in part, revoke a groundwater withdrawal permit for any of the following reasons: 1. For a material false statement in an application to initiate, modify or […]
