45-1046. Revocation of water exchange
permits
A. After an administrative hearing the director may permanently or temporarily
revoke all or part of a water exchange permit for any of the following reasons:
1. A false statement in regard to a material issue in an application to initiate,
modify or renew a permit, or a false statement in regard to a material issue in any
report required to be filed by a person using water pursuant to the provisions of the
permit.
2. A material violation of the terms of the permit.
3. Failure to exchange water pursuant to a permit for five or more consecutive
years except for reasons beyond the control of the permit holders. During the first five
years a permit is in effect, the parties may request, and the director may approve, an
extension of this period for not more than an additional five years, if necessary to
complete construction of facilities or other works to be used to effectuate a permitted
exchange.
B. The director may revoke a water exchange permit with the written consent of the
holders, and in such a case a hearing is not required.
C. 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.
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