45-156
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45-156. Legislative authorization for appropriation of water to generate power; change in use A. An application for appropriation of waters of a stream within the state for generating electric energy in excess of twenty-five thousand horsepower, or an application for a permit to build a dam for generating hydroelectric energy on a stream within the state in excess of twenty-five thousand horsepower, shall not be approved or granted unless authorized by an act of the legislature. B. Except as otherwise prescribed by this section, a change in the use of water appropriated for domestic, municipal or irrigation uses shall not be made without approval of the director, and if the change contemplates generating hydroelectric energy or power of over twenty-five thousand horsepower, approval shall not be granted unless authorized by an act of the legislature. C. The provisions of subsections A and B requiring legislative authorization for the appropriation or use of water to generate electric energy in excess of twenty-five thousand horsepower and for the building of a dam for generating hydroelectric energy in excess of twenty-five thousand horsepower shall not apply to the generation of electricity by facilities constructed prior to January 1, 1985 as part of a federally authorized reclamation project or by an agricultural improvement district organized pursuant to title 48, chapter 17. D. Subsection C shall not affect the priority dates for facilities constructed prior to January 1, 1985, or the following components and appurtenant works: 1. New Waddell dam. 2. Cliff dam. 3. Increase in storage capacity of Roosevelt dam. 4. Modification of Stewart mountain dam. E. The failure to obtain the approval of the director as prescribed by subsection B is not grounds for enjoining a previously effected change in use, does not result in the abandonment or forfeiture of the associated water right and does not result in the assignment of a later date of priority for that right, provided that a change in use shall not be recognized if the director has denied an application for such change prior to January 1, 1995. If there is no application pending or if the director has taken no final action with respect to a change in use effected without the director's approval, a court of competent jurisdiction may approve, modify or deny the change in use in order to complete an adjudication of water rights pursuant to article 9 of this chapter. |