73-3b-205 - Issuance of recovery permit -- Criteria -- Conditions.
73-3b-205. Issuance of recovery permit -- Criteria -- Conditions.
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 existingwater right;
(b) the applicant is the holder of an approved recharge permit or recovery permit, or ifthe applicant does not hold the recharge permit, has a valid agreement with the owner of therecharge permit to divert and use the recovered water; and
(c) the recovery point of diversion is located within the area of hydrologic impact of therecharge 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