§ 73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.

     The state engineer:

(1) shall issue a recharge permit if:

(a) the applicant has:

(i) the technical and financial capability to construct and operate the recharge project; and

(ii)

(A) a valid water right for the use of the water proposed to be artificially recharged; or

(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and

(b) the project:

(i) is hydrologically feasible;

(ii) will not cause unreasonable harm to land;

(iii) will not impair any existing water right within the area of hydrologic impact; and

(iv) will not adversely affect the water quality of the aquifer;

(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and

(3) may attach to the permit any condition the state engineer determines is appropriate.

Amended by Chapter 107, 2010 General Session