As used in this part 4 of subchapter III, unless the context otherwise requires:
1.“Aquifer” means a water-bearing geologic formation which is capable of yielding a
usable quantity of water to a well or spring and which transports and stores groundwater.
2.“Aquifer storage and recovery” means the injection and storage of treated water in an
aquiferthroughapermittedwellduringtimeswhentreatedwaterisavailable,andwithdrawal
of the treated water from the same aquifer through the same well during times when treated
water is needed.
3.“Basin” means a specific subsurface water-bearing reservoir having reasonably
ascertainable boundaries.
4.“Beneficial use” means the application of water to a useful purpose that inures to the
benefit of the water user and subject to the user’s dominion and cont
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As used in this part 4 of subchapter III, unless the context otherwise requires:
1. “Aquifer” means a water-bearing geologic formation which is capable of yielding a
usable quantity of water to a well or spring and which transports and stores groundwater.
2. “Aquifer storage and recovery” means the injection and storage of treated water in an
aquiferthroughapermittedwellduringtimeswhentreatedwaterisavailable,andwithdrawal
of the treated water from the same aquifer through the same well during times when treated
water is needed.
3. “Basin” means a specific subsurface water-bearing reservoir having reasonably
ascertainable boundaries.
4. “Beneficial use” means the application of water to a useful purpose that inures to the
benefit of the water user and subject to the user’s dominion and control but does not include
the waste or pollution of water.
5. “Depleting use” means the storage, diversion, conveyance, or other use of a supply of
water if the use may impair rights of lower or surrounding users, may impair the natural
resources of the state, or may injure the public welfare if not controlled.
6. “Diffused waters” means waters from precipitation and snowmelt which is not a part of
any watercourse or basin including capillary soil water.
7. “Established average minimum flow” means the average minimum flow for a given
watercourse at a given point determined and established by the commission.
a. The “average minimum flow” for a given watercourse shall be determined by the
following factors:
(1) Average of minimum daily flows occurring during the preceding years chosen by
the commission as more nearly representative of changing conditions and needs of a given
drainage area at a particular time.
(2) Minimumdailyflowsshownbyexperiencetobethelimitatwhichfurtherwithdrawals
would be harmful to the public interest in any particular drainage area.
(3) The minimum daily flows shown by established discharge records and experiences to
be definitely harmful to the public interest.
b. The determination shall be based upon available data, supplemented, when available
data are incomplete, with whatever evidence is available.
8. “Floodplains” means the area adjoining a river or stream which has been or may be
covered by flood water.
9. “Floodway”meansthechannelofariverorstreamandthoseportionsofthefloodplains
adjoining the channel which are reasonably required to carry and discharge the flood water
or flood flow of any river or stream.
10. “Groundwater” means that water occurring beneath the surface of the ground.
11. “Nonregulated use” means any beneficial use of water by any person of less than
twenty-five thousand gallons per day.
12. “Permit” means a written authorization issued by the department to a permittee which
authorizes diversion, storage, including storage of treated water in an aquifer, or withdrawal
of water limited as to quantity, time, place, and rate in accordance with this part or authorizes
construction, use, or maintenance of a structure, dam, obstruction, deposit, or excavation in
a floodway or floodplain in accordance with the principles and policies of protecting life and
property from floods as specified in this part.
13. “Permittee” means a person who obtains a permit from the department authorizing
the person to take possession by diversion, storage in an aquifer, or otherwise and to use and
apply an allotted quantity of water for a designated beneficial use, and who makes actual
use of the water for that purpose or a person who obtains a permit from the department
§455B.261, JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES 68
authorizing construction, use, or maintenance of a structure, dam, obstruction, deposit, or
excavation in a floodway or floodplain for a designated purpose.
14. “Regulated use” means any depleting use except a use specifically designated as a
nonregulated use.
15. “Surface water” means the water occurring on the surface of the ground.
16. “Waste” means any of the following:
a. Permitting groundwater or surface water to flow, or taking it or using it in any manner
so that it is not put to its full beneficial use.
b. Transporting groundwater from its source to its place of use in such a manner that
there is an excessive loss in transit.
c. Permitting or causing the pollution of a water-bearing strata through any act which will
cause salt water, highly mineralized water, or otherwise contaminated water to enter it.
17. “Watercourse” means any lake, river, creek, ditch, or other body of water or channel
having definite banks and bed with visible evidence of the flow or occurrence of water, except
lakes or ponds without outlet to which only one landowner is riparian.