46-2A-7. Approval or disapproval of permit, license, or amendment–Applications for groundwater source determined to be fully appropriated. If the Water Management Board determines, based upon the evidence presented at the hearing, that the applicable requirements for the permit, license, or amendment have been met, it shall approve the permit, license, or amendment. If the board […]
46-2A-7.1. Notice of determination that groundwater source fully appropriated–Applications for future consideration. If the board determines a groundwater source to be fully appropriated pursuant to §46-6-3.1, the chief engineer shall publish a notice within thirty days of the board’s final decision at least once in at least one official newspaper in each county where the […]
46-2A-7.2. Date of receipt–Incomplete application–One irrigation permit application per parcel. The date of receipt affixed to any application submitted pursuant to §46-2A-7.1 shall be the date of the thirtieth day of the thirty day application period. An incomplete application will be returned to the applicant with notification of the deficiencies. The applicant has thirty days […]
46-2A-7.3. Applications submitted prior to board decision that aquifer is fully appropriated or prior to July 1, 2014. Any application submitted prior to the board’s decision that an aquifer is fully appropriated pursuant to §46-6-3.1 or prior to July 1, 2014, is not eligible to be included in the process established by §§46-2A-7.1 to 46-2A-7.7, […]
46-2A-7.4. Priority list for future unappropriated water. From the list of complete applications submitted pursuant to §46-2A-7.1 and assigned a common priority date, the board shall create a priority list using a random selection process to be determined by the board. The priority list determines the order of eligibility for any unappropriated water the board […]
46-2A-7.5. Public hearing to review groundwater source–Notice–Retention of eligibility by applicant. For any groundwater source determined to be fully appropriated pursuant to §46-6-3.1, the board shall hold a public hearing to review the groundwater source, all permits appropriating water from that source, and all held applications at least once every five years to determine whether […]
46-2A-7.6. Unappropriated water to be available to held applications based on priority. If the board determines that unappropriated water has become available from a fully appropriated groundwater source during the five-year review under §46-2A-7.5, the board shall make the unappropriated water available to the applications being held by the chief engineer based on the priority […]
46-2A-7.7. Transfer of water permit application. No water permit application approved by the board pursuant to §46-2A-7.6 may be transferred until the water has been placed to beneficial use as specified in the permit. For a permit to irrigate, no transfer of water or acreage may be approved for an amount of water or acres […]
46-2A-8. Time for completion of construction and use of water–Application for lesser amount of water or variance in periods of use. Any construction necessary to put the water to beneficial use shall be completed within five years of approval of the permit and the water shall be put to beneficial use within an additional four […]
46-2A-8.1. Reinstatement of permit after expiration of time for construction–Application–Priority. The Water Management Board may reinstate any water permit with a priority date after March 31, 1977, if unappropriated water is available and construction necessary to put water to beneficial use was not completed pursuant to §46-2A-8 or 46-5-26. Any application under this section shall […]
46-2A-9. Appropriation of water–When permit may be issued. A permit to appropriate water may only be issued if there is reasonable probability that unappropriated water is available for the applicant’s proposed use, the proposed diversion can be developed without unlawful impairment of existing domestic water uses and water rights, the proposed use is a beneficial […]
