(1)
The district board has the duty and responsibility of consulting with the commission
on all groundwater matters affecting the district to determine whether proposed
restrictions or regulations are suitable for such area, to determine in conjunction
with the commission whether the area of the district should be enlarged or
contracted, to cooperate with the commission and the state engineer in the
assembling of data on the groundwater aquifers in the area and the enforcement of
regulations or restrictions which may be imposed thereon, and to assist the
commission and the state engineer to the end of conserving the groundwater
supplies of the area for the maximum beneficial use thereof.
(2) After the issuance of any well permit for the use of groundwater within
the district by the ground water commission as provided in sections 37-90-107 and
37-90-108, the district board has the authority to regulate the use, control, and
conservation of the groundwater of the district covered by such permit by any one
or more of the following methods, but the proposed controls, regulations, or
conservation measures shall be subject to review and final approval by the ground
water commission if objection is made in accordance with section 37-90-131:
(a) To provide for the spacing of wells producing from the groundwater
aquifer or subdivision thereof and to regulate the production therefrom so as to
minimize as far as practicable the lowering of the water table or the reduction of
the artesian pressure;
(b) To acquire lands for the erection of dams and for the purpose of draining
lakes, draws, and depressions, and to construct dams, drain lakes, depressions,
draws, and creeks, and to install pumps and other equipment necessary to recharge
the groundwater reservoir or subdivision thereof;
(c) To develop comprehensive plans for the most efficient use of the water of
the groundwater aquifer or subdivision thereof and for the control and prevention of
waste of such water, which plans shall specify in such detail as may be practicable
the acts, procedure, performance, and avoidance which are or may be necessary to
effect such plans, including specifications therefor; to carry out research projects,
develop information, and determine limitations, if any, which should be made on the
withdrawal of water from the groundwater aquifer or subdivisions thereof; to
collect and preserve information regarding the use of such water and the
practicability of recharge of the groundwater aquifer; and to publish such plans and
information and bring them to the notice and attention of the users of such
groundwater within the district and to encourage their adoption and execution;
(d) To require the owner or operator of any land in the district upon which is
located any open or uncovered well to close or cap the same permanently with a
covering capable of sustaining weight of not less than four hundred pounds, except
when said well is in actual use by the owner or operator thereof;
(e) To promulgate reasonable rules and regulations for the purpose of
conserving, preserving, protecting, and recharging the groundwater of the
groundwater aquifer or subdivision thereof, in conformity with the provisions of this
article;
(f) To prohibit, after affording an opportunity for a hearing before the board
of the local district and presentation of evidence, the use of groundwater outside
the boundaries of the district where such use materially affects the rights acquired
by permit by any owner or operator of land within the district;
(g) In the control and administration of the quantity of groundwater
extracted from the aquifer, to adopt such devices, procedures, measures, or
methods as it deems appropriate to effectuate this purpose;
(h) To promulgate reasonable rules and regulations with respect to the
protection and compensation of the owners of any small capacity wells as defined
in section 37-90-105 which may be injured by irrigation wells;
(i) To represent the district at any hearings or proceedings conducted or
authorized by the commission affecting any water rights, either actual or potential,
within the district;
(j) To exercise such other administrative and regulatory authority concerning
the groundwaters of the district as, without the existence of the district, would
otherwise be exercised by the ground water commission.
(3) All special and regular meetings of the board shall be held at locations
which are within the boundaries of the district or which are within the boundaries of
any county in which the district is located, in whole or in part, or in any county so
long as the meeting location does not exceed twenty miles from the district
boundaries. The provisions of this subsection (3) may be waived only if the following
criteria are met:
(a) The proposed change of location of a meeting of the board appears on
the agenda of a regular or special meeting of the board; and
(b) A resolution is adopted by the board stating the reason for which a
meeting of the board is to be held in a location other than under the provisions of
this subsection (3) and further stating the date, time, and place of such meeting.
(4) (a) After the issuance of any well permit within the district, the district
has the authority to enforce compliance with the terms and conditions of the
permit, the district's rules, and an order issued by the district concerning the well
and issued pursuant to this article governing the use of the groundwater allowed by
the permit to ensure that the use is within the scope of what is allowed by this
article, the district's rules, an order issued by the district concerning the well and
issued pursuant to this article, and the well permit.
(b) The district may proceed pursuant to section 37-90-111.5 against a well
owner who does not comply with an order issued under paragraph (a) of this
subsection (4).
(c) A ground water management district shall provide notice of an order in a
manner consistent with the local district's rules. In the absence of a local rule
regarding notice, in addition to any other method of giving notice, the mailing of the
order in a certified letter to the well owner or operator is sufficient notice of the
order of the ground water management district. In the case of circumstances
warranting an emergency injunctive proceeding, mailing of the order in a certified
letter to the well owner or operator, together with the posting of a written order in
plain sight at the well head, is sufficient notice of the order of the ground water
management district. The order to the well owner or operator becomes effective on
the date of posting in the case of posting at the well head or three days after the
certified letter is placed in the United States mail in the case of the certified letter.
Except in the case of circumstances warranting an emergency injunctive
proceeding, a ground water management district shall allow an alleged violator not
less than seven days after the effective date of the order to cure an alleged
violation before filing suit in district court.