37-703. Processing of proposal by land
department; processing by director of water resources; approval or
disapproval of application
A. The state land department shall determine:
1. Whether the land applied for can be reclaimed by means of the proposed
irrigation project.
2. Whether according to records of the department of water resources there are
sufficient water rights vested in the applicant, or sufficient unappropriated water in
the source of supply.
3. Whether the capacity of the project is adequate.
4. Whether the proposed cost of construction is reasonable, and the lands proposed
to be irrigated are desert in character and may properly be set apart.
B. The application for selection of lands shall then be submitted to the director
of water resources who shall make a written report and make recommendations upon the
application to the land department. The director of water resources shall make a survey
or examination to provide an accurate report if requested by the department to do so.
C. If the application is approved, the state land department shall file in the
local land office a request for withdrawal from entry of the land described in the
application. If disapproved, the parties shall be notified and given reasons for the
disapproval. The parties shall have sixty days in which to submit another proposal, or
further time if allowed by the department.
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