(a)Any appropriator owning a valid water right in and to
the use of the ground, surface or reservoir waters of the state,
where the source of the appropriation is at times insufficient
to fully satisfy such appropriation, or better conservation and
utilization of the state's water can be accomplished, or the
appropriator can develop appropriable water but cannot
economically convey it to its point of use, may petition the
state engineer for an order allowing an exchange and the use of
stored, direct flow, or ground water from another source or from
another appropriation from the same source. If such an
appropriator arranges by agreement with another appropriator for
the delivery and use of either stored, direct flow, or ground
water, the exchange agreement shall accompany the petition.
(b
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(a) Any appropriator owning a valid water right in and to
the use of the ground, surface or reservoir waters of the state,
where the source of the appropriation is at times insufficient
to fully satisfy such appropriation, or better conservation and
utilization of the state's water can be accomplished, or the
appropriator can develop appropriable water but cannot
economically convey it to its point of use, may petition the
state engineer for an order allowing an exchange and the use of
stored, direct flow, or ground water from another source or from
another appropriation from the same source. If such an
appropriator arranges by agreement with another appropriator for
the delivery and use of either stored, direct flow, or ground
water, the exchange agreement shall accompany the petition.
(b) Exchanges may be allowed among any combination of
direct flow, storage, and groundwater rights. Petitions for
exchanges shall be accompanied by such maps, plans or other
information as may be required by the state engineer. The proper
filing and recording fees shall accompany the petition.
(c) No exchange shall be allowed until the state engineer
has entered an order granting the exchange. Documents drawn in
connection with exchanges may be recorded in one (1) or more
counties where any part of the land involved is situated. No
exchange may be terminated without the issuance of an order
approving termination, unless the order allowing the exchange
provides for termination on a specified date.
(d) It is the policy of the state to encourage exchanges.
The state engineer shall not issue an exchange order if the
rights of other appropriators will be injuriously affected
thereby, or if the proposed exchange would, in the opinion of
the state engineer, be too difficult to administer or would be
adverse to the public interest. The state engineer shall cause
to be published, at the petitioner's expense, once a week for at
least two (2) consecutive weeks in a newspaper of general
circulation in each county where the water rights subject to the
exchange petition are located, a notice of the filing of the
exchange petition which identifies the place where the exchange
petition is available for public inspection. The last date of
publication shall occur not less than thirty (30) days before
the state engineer enters the order to grant the exchange. All
exchanges are subject to the requirements of beneficial use and
equality of water exchanged, and no exchange will be allowed
unless a sufficient quantity of makeup water is introduced to
replace the water diverted and withdrawn under the exchange. In
making the determination of equality and sufficiency of the
makeup water introduced, the state engineer may consider
relative consumptive uses and transmission losses.
(e) Any water made available to an appropriator by reason
of any exchange agreement shall be delivered for the use of the
appropriator in accordance with the order allowing the exchange,
and its use is without prejudice to, but in enjoyment of, the
rights of all appropriators under their original appropriations.
No loss, abandonment or impairment of any water rights involved
in the exchange shall occur or attach as a result of the
exchange, except as may be provided in the order allowing the
exchange. Upon termination of the exchange, the rights of all
appropriators under their original appropriations shall
automatically be reinvested with all the rights, privileges and
uses, and purposes theretofore held and enjoyed.
(f) Performances of each exchange shall be enforced by the
water administration officials of the state in accordance with
the terms and conditions of the order allowing the exchange. The
state engineer may adopt such rules and regulations as are
necessary to enable him to efficiently administer this section.
(g) The state engineer shall assess a fee not to exceed
fifty dollars ($50.00) for his review, and approval of exchange
petitions. This fee shall accompany an exchange petition and
shall be retained and deposited whether the petition or request
is approved or denied.