§ 73-3b-205. Issuance of recovery permit -- Criteria -- Conditions.

Latest version.

The state engineer:

(1)

shall issue the recovery permit if the state engineer determines that:

(a)	the proposed recovery of artificially recharged water will not impair any existing water right;

(b)	the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and

(c)	the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and

(2)	may attach to the permit any conditions the state engineer determines are appropriate.

Amended by Chapter 107, 2010 General Session

                    
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