73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.
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73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.
The state engineer:
(1)shall issue a recharge permit if:
(a)the applicant has:
(i)the technical and financial capability to construct and operate the recharge project; and
(A)a valid water right for the use of the water proposed to be artificially recharged; or
(B)an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and
(b)the project:
(i)is hydrologically feasible;
(ii)will not cause unreasonable harm to land;
(iii)will not impair any existing water right within the area of hydrologic impact; and
(iv)will not adversely affect the water quality of the aquifer;
(2)shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and
(3)may attach to the permit any condition the state engineer determines is appropriate.
Amended by Chapter 107 , 2010 General Session