45-1042. Application for water exchange
permit; notice; objections; hearing
A. On receiving an application for a water exchange permit, the director shall
endorse on the application the date of receipt and keep a record of the application. The
director shall conduct an initial review of the application within fifteen days after
receiving the application. If the director determines in the initial review that the
application is incomplete, the director shall notify each applicant. The application is
incomplete until the applicants file the information requested in the application. The
director shall determine whether the application is correct within ninety days after
receiving a complete application. The director may request additional information from
the applicants. The director may conduct independent investigations as may be necessary
to determine whether the application should be approved or rejected.
B. Within fifteen days after the director determines that an application for a
water exchange permit is complete and correct or a longer period if requested by an
applicant, the director shall give notice of the application once each week for three
consecutive weeks in a newspaper of general circulation in the county or counties in
which any water is proposed to be withdrawn, diverted or used pursuant to the water
exchange. In appropriate cases, including those in which surface water subject to
decreed or appropriative rights is to be exchanged, the director shall provide personal
notice of the application to each person who has made a written request to the director
for a mailed copy of the notice. The notice shall state that objections to the issuance
of the permit may be filed in writing with the director by interested persons within
thirty days after the last publication of notice and that objections are limited to
whether the permit application meets the criteria for issuing a permit as prescribed by
this article. An objection shall state the name and mailing address of the objector,
shall be signed by the objector, the objector's agent or the objector's attorney and
shall clearly state reasons why the permit should not be issued. The director shall
prepare the notice and shall determine the cost of publishing the notice. Before the
notice is published, the applicant shall pay for publication by submitting to the
director a check or money order made payable to the newspaper in which the notice is to
be published for the cost of publishing the notice. The director shall transmit the
check or money order with the notice to the newspaper for publication.
C. In appropriate cases, including cases in which a proper written objection to the
permit application has been filed, an administrative hearing may be held before the
director's decision on the application if the director deems a hearing necessary. At
least thirty days before the date of the hearing, the director shall give notice to the
applicants and to any person who filed a proper written objection to the issuance of the
permit. The hearing shall be scheduled for at least sixty days but not more than ninety
days after the expiration of the time in which to file objections. If a hearing is not
held, the director shall issue a decision and order within six months after the date
notice of the application is first given pursuant to subsection B of this section.
D. The approval or rejection of an application for a water exchange permit shall be
endorsed on the application and dated. If the permit is denied, the director shall
return the application to the applicants specifically stating the reasons for denial.
E. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section. If
an administrative hearing is held, it shall be conducted in any county in which water may
be withdrawn, diverted or used pursuant to the permit.
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