46-683. Permit; issuance; consideration; conditions.

310 words·~1 min read·/ne/chapter-46/46-683

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

(1)The Chief Water Officer shall issue a written order containing specific findings of fact either granting or denying a permit. The Chief Water Officer shall grant a permit only if he or she finds that the applicant's withdrawal and any transfer of ground water are in the public interest. In determining whether the withdrawal and transfer, if any, are in the public interest, the Chief Water Officer's considerations shall include, but not be limited to:

(a)Possible adverse effects on existing surface or ground water users;

(b)The effect of the withdrawal and any transfer of ground water on surface or ground water supplies needed to meet reasonably anticipated domestic and agricultural demands in the area of the proposed ground water withdrawal;

(c)The availability of alternative sources of surface or ground water reasonably accessible to the applicant in or near the region of the proposed withdrawal or use;

(d)The economic benefit of the applicant's proposed use;

(e)The social and economic benefits of existing uses of surface or ground water in the area of the applicant's proposed use and any transfer;

(f)Any waivers of liability from existing users filed with the Chief Water Officer;

(g)The effects on interstate compacts or decrees and the fulfillment of the provisions of any other state contract or agreement; and

(h)Other factors reasonably affecting the equity of granting the permit.

(2)The Chief Water Officer may grant a permit for less water than requested by the applicant. The Chief Water Officer may also impose reasonable conditions on the manner and timing of the ground water withdrawals and on the manner of any transfer of ground water which the Chief Water Officer deems necessary to protect existing users of water. If a hearing is held, the Chief Water Officer shall issue such written order within ninety days of the hearing.