(a)"Control area" means any underground water district or
subdistrict that has been so designated by the board of control.
The board of control may designate a control area for the
following reasons:
(i)The use of underground water is approaching a use
equal to the current recharge rate;
(ii)Ground water levels are declining or have
declined excessively;
(iii)Conflicts between users are occurring or are
foreseeable;
(iv)The waste of water is occurring or may occur; or
(v)Other conditions exist or may arise that require
regulation for the protection of the public interest.
(b)Whenever the engineer has information leading him to
believe that any underground water district or subdistrict
should become a control area, he shall immediately report in
writing to the board of control all in
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(a) "Control area" means any underground water district or
subdistrict that has been so designated by the board of control.
The board of control may designate a control area for the
following reasons:
(i) The use of underground water is approaching a use
equal to the current recharge rate;
(ii) Ground water levels are declining or have
declined excessively;
(iii) Conflicts between users are occurring or are
foreseeable;
(iv) The waste of water is occurring or may occur; or
(v) Other conditions exist or may arise that require
regulation for the protection of the public interest.
(b) Whenever the engineer has information leading him to
believe that any underground water district or subdistrict
should become a control area, he shall immediately report in
writing to the board of control all information known by him
with reference to said area.
(c) The board of control shall fix a time and place to
consider the information supplied by the state engineer and hear
any other evidence presented at the time of the hearing. At the
conclusion of the hearing, the board of control shall issue an
order declaring that the area in question is or is not to be a
control area. If the board determines that a control area needs
to be created, it shall define the area geographically and
stratigraphically. The board of control may designate five (5)
board member districts for the purpose of the election of the
control area advisory board.
(d) On the petition of five (5) persons owning or entitled
by public land filing to the possession of land within the
control area, or upon the recommendation of the state engineer,
the board of control may consider the redesignation of the
geographic or stratigraphic boundaries of a control area. If
redesignation is considered, the board shall fix a time and
place to hear the information supplied by the petitioners, the
state engineer or other interested persons. Within ninety (90)
days of the hearing, the board shall issue its order. If a
control area is redesignated geographically, the board shall
determine whether to divide the area into board member districts
pursuant to subsection (c) of this section.
(e) On the petition of five (5) persons owning or entitled
by public land filing to the possession of land within the
control area, the control area advisory board shall consider the
designation or redesignation of board member districts. If the
control area advisory board determines that board member
districts should be designated or redesignated, it shall submit
its recommendation to the board of control for approval.
(f) The action of the board of control in denying at any
time a petition or recommendation for redesignation is final and
not subject to review.
(g) Whenever a control area has been designated or
redesignated the state engineer may, without hearings or other
proceedings, refuse to grant permits for the drilling of any
wells within the control area.