45-702. Certificate of groundwater oversupply
A. A district member may apply to the director for a certificate of groundwater
oversupply for all or part of the groundwater that the district member has a legal
right to withdraw.
B. The director may issue a certificate of groundwater oversupply for all or
part of the groundwater that the district member has a legal right to withdraw if the
director determines that both of the following apply:
1. The groundwater is located in an area of localized excess groundwater in the
district.
2. There is a substantial probability that if the district member does not
withdraw the groundwater either of the following could occur in the active
management area in which the district is located:
(a) The groundwater would be discharged from the district without being used
and would not contribute hydrologically to achieving safe-yield.
(b) The groundwater would contribute to a waterlogging or groundwater
drainage problem.
C. The director may issue a certificate of groundwater oversupply for a period
of not more than ten years. On request of a certificate holder the director may renew
the certificate if the director determines that the requirements of subsection B
continue to apply.
D. A certificate of groundwater oversupply shall include the following
information:
1. The name and mailing address of the district member to whom the certificate
is issued.
2. The name of the active management area in which the groundwater will be
withdrawn.
3. A description of the district member's right under articles 4 through 7 of this
chapter to withdraw the groundwater designated as groundwater oversupply.
4. The locations and well registration numbers of the wells from which the
designated groundwater will be withdrawn.
5. The duration of the certificate.
6. Any other information as determined by the director.