45-1052

45-1052. Water exchanges pursuant to notice;
conditions

After filing a notice of water exchange that conforms with the requirements of
section 45-1051, subsection A, the exchange may be initiated if it satisfies the
following conditions:

1. The water exchange will be made pursuant to a written contract.

2. The water exchange will not affect vested rights to water.

3. Each participant in the water exchange has a right to the water the party will
give in the exchange.

4. For each participant that is not a city, town, private water company or
irrigation district, any new or increased pumping by that participant from a well within
an active management area pursuant to the water exchange will not unreasonably increase
damage to surrounding land or other water users.

5. For each participant that is a city, town, private water company or irrigation
district with a service area located partly or wholly in an active management area, any
new or increased pumping by that participant within that participant's service area
pursuant to the water exchange is consistent with the management plan and achievement of
the management goal for the active management area.

6. Each participant in the water exchange either:

(a) Receives at least ninety per cent of the quantity of water that the participant
gives in the water exchange.

(b) Receives at least fifty per cent of the quantity of water that the participant
gives in the water exchange, unless otherwise authorized by law, and the director
determines the water exchange is beneficial to water management in this state.