§174C-54 - Competing applications.

     [§174C-54]  Competing applications.  If two or more applications which otherwise comply with section 174C-49 are pending for a quantity of water that is inadequate for both or all, or which for any other reason are in conflict, the commission shall first, seek to allocate water in such a manner as to accommodate both applications if possible; second, if mutual sharing is not possible, then the commission shall approve that application which best serves the public interest. [L 1987, c 45, pt of §2]

 

Case Notes

 

  Petitions for interim instream flow standard amendments are not among the water use permit applications "competing" under this section; the statute relating to instream use protection, §174C-71, operates independently of the procedures for water use regulation outlined in this part.  94 H. 97, 9 P.3d 409.