73-31-304. Review of contract water bank application.
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Effective 5/12/2020
73-31-304. Review of contract water bank application.
(1)After complying with Section 73-31-303 , the board shall approve an application for a contract water bank if the application satisfies Section 73-31-302 , which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104 .
(2)In approving an application, the board shall:
(a)issue an order approving the contract water bank; and
(b)publish a summary of the information submitted by the public entity under Subsection 73-31-302(1) on the water banking website.
(3)If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for the denial, provided that the board's decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act .
(4)A contract water bank may review public comments and comments from the board before a final decision is made by the board. If the contract water bank desires to make changes to the contract water bank's application, the contract water bank may notify the board in writing before the board takes action on the application that the contract water bank will submit a revised application following the same process that governs the filing of an original application.
Enacted by Chapter 342 , 2020 General Session