46-293. Application; review; Chief Water Officer; powers.

264 words·~1 min read·/ne/chapter-46/46-293

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Chief Water Officer of the Department of Water, Energy, and Environment shall independently review each application subject to subsection

(2)of section 46-291 to determine whether the requirements of section 46-294 will be met if the transfer or change is approved. The requirement of this subsection is not altered when there are objectors who have become parties to the proposed transfer or change, but if a hearing is called by the Chief Water Officer on the Chief Water Officer's own motion or as the result of a request therefor filed in accordance with subsection

(4)of section 46-291 , any evidence considered by the Chief Water Officer in making such determinations shall be made a part of the record of the hearing as provided in section 84-914 .

(2)Either on his or her own motion or in response to objections or comments received pursuant to subsection

(4)or

(5)of section 46-291 , the Chief Water Officer may require the applicant to provide additional information before a hearing will be scheduled or, if no hearing is to be held, before the application will receive further consideration. The information requested may include economic, social, or environmental impact analyses of the proposed transfer or change, information about the amount of water historically consumed under the appropriation, copies of any plans for mitigation of any anticipated adverse impacts that would result from the proposed transfer or change, and such other information as the Chief Water Officer deems necessary in order to determine whether the proposed transfer or change is consistent with section 46-294 .