(1)In the
administration and enforcement of this article and in the effectuation of the policy
of this state to conserve its designated groundwater resources and for the
protection of vested rights and except to the extent that similar authority is vested
in ground water management districts pursuant to section 37-90-130 (2), the
ground water commission is empowered:
(a)To supervise and control the exercise and administration of all rights
acquired to the use of designated groundwater. In the exercise of this power it may,
by summary order, prohibit or limit withdrawal of water from any well during any
period that it determines that such withdrawal of water from said well would cause
unreasonable injury to prior appropriators; except that nothing in this article shall
be const
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(1) In the
administration and enforcement of this article and in the effectuation of the policy
of this state to conserve its designated groundwater resources and for the
protection of vested rights and except to the extent that similar authority is vested
in ground water management districts pursuant to section 37-90-130 (2), the
ground water commission is empowered:
(a) To supervise and control the exercise and administration of all rights
acquired to the use of designated groundwater. In the exercise of this power it may,
by summary order, prohibit or limit withdrawal of water from any well during any
period that it determines that such withdrawal of water from said well would cause
unreasonable injury to prior appropriators; except that nothing in this article shall
be construed as entitling any prior designated groundwater appropriator to the
maintenance of the historic water level or any other level below which water still
can be economically extracted when the total economic pattern of the particular
designated groundwater basin is considered; and further except that no such order
shall take effect until six months after its entry.
(b) To establish a reasonable groundwater pumping level in an area having a
common designated groundwater supply. Water in wells shall not be deemed
available to fill the water right therefor if withdrawal therefrom of the amount
called for by such right would, contrary to the declared policy of this article,
unreasonably affect any prior water right or result in withdrawing the groundwater
supply at a rate materially in excess of the reasonably anticipated average rate of
future recharge.
(c) To issue permits for the construction of replacement wells. Any permits
issued shall set forth the conditions under which a well may be modified by a
change of the well itself or the pumping equipment therefor, by the drilling of a
replacement well, or otherwise, in order to make it possible for the owner of a well
to obtain the water to which such owner may be entitled by virtue of his original
appropriation.
(d) In the exercise of any of the powers or duties conferred by this section, to
confer and consult with the board of directors of the ground water management
district board in the affected area, if any such board exists, before promulgating
any orders or regulations which would affect the district in general;
(e) To order the total or partial discontinuance of any diversion within a
groundwater basin to the extent the water being diverted is not necessary for
application to a beneficial use;
(f) In any area where a ground water management district has not been
formed, to prescribe satisfactory and economical measuring methods for the
measurement of water levels in and the amount of water withdrawn from wells and
to require reports to be made at the end of each pumping season showing the date
and water level at the beginning of the pumping season, the date and water level at
the end of the pumping season, and showing any period of more than thirty days'
cessation of pumping during such pumping season;
(g) Upon application therefor by any permit holder, to authorize a change in
acreage served, volume of appropriation, place, time, or type of use of and by any
water right, or of any well location, either conditional or final, granted under the
authority of the commission but only upon such terms and conditions as will not
cause material injury to the vested rights of other appropriators. No such change
that increases the volume of appropriation beyond that authorized by the original
decree, conditional permit, registration statement, or other well permit issued prior
to basin designation shall be authorized, and no such change shall be approved
until after publication of such application as provided in section 37-90-112; except
that publication shall not be required to approve a temporary change pursuant to
the rules adopted by the commission and except that publication shall not be
required for replacement wells that are relocated no further than the maximum
distance allowed by district rules and regulations without prior board approval or by
commission policy where no district exists or where no district rule has been
adopted.
(h) To adopt rules necessary to carry out the provisions of this article.
(2) No supplemental wells or alternate point of diversion wells shall be
allowed in any area of any designated groundwater basin in which the proposed
well or wells combined would deplete the aquifer in excess of the rate of depletion
prescribed by the ground water commission or by the ground water management
district rules and regulations.
(3) In the exercise of any of the powers or duties conferred by this section,
the commission shall confer and consult with the board of directors of the ground
water management district board in the affected areas, if any such board exists,
before promulgating any orders or regulations which would affect the district in
general, and shall request written recommendations from the board of any existing
district within which the conditional or final permit has been issued, before taking
final action on any request or application made pursuant to this section.
(4) In any area within a designated groundwater basin which has not been
included within the boundaries of a ground water management district, the
commission has the authority to exercise any power given by this article to the
board of directors of a ground water management district, but, before instituting
control measures pursuant to section 37-90-130, the commission shall follow the
procedures set out in section 37-90-131.
(5) Notwithstanding any other provision of this article 90, the commission
shall allocate, upon the basis of ownership of the overlying land, any designated
groundwater contained in a bedrock aquifer. Permits issued pursuant to this
subsection (5) must allow withdrawals on the basis of an aquifer life of one hundred
years.