45-161

45-161. Applications for reservoir permits;
secondary permits for water

A. Applications for reservoir permits shall be governed by this article, except
that the lands proposed to be irrigated from the works need not be enumerated in the
primary permit.

B. The person proposing to develop the supply of water or to complete the necessary
works shall file an application for a primary permit that sets forth the plans and
specifications for construction of the reservoir and associated diversion or delivery
works, if any. On completion of construction or development of the supply of water, the
holder of the primary permit shall file a notice of completion with the director.

C. The person proposing to apply to a beneficial use the water stored in such
reservoir shall file an application for a secondary permit, which shall refer to the
reservoir as the supply of water and shall show that a written agreement has been entered
into with the owners of the reservoir for a permanent interest in the reservoir
sufficient for the purposes set forth in the application. When the beneficial use has
been perfected under the secondary permit, the director shall issue to the holder of the
secondary permit a final certificate of appropriation that describes both the conduit
described in the secondary permit and the reservoir described in the primary permit.

D. If the development of the supply of water and the completion of the proposed
works are to be undertaken by the same person proposing to apply the water to a
beneficial use, the person shall file a single application for a reservoir permit. In
processing an application filed pursuant to this subsection, the director shall not issue
separate primary and secondary permits but shall issue a single reservoir permit for the
development of the supply of water, construction of the proposed works and application of
the water to a beneficial use. When the beneficial use has been perfected under the
reservoir permit, the director shall issue to the holder of the reservoir permit a final
certificate of appropriation that describes both the conduit and the reservoir described
in the reservoir permit.

E. If at any time it appears to the director, after an administrative hearing, that
the holder of the primary permit will not or cannot within a reasonable period develop
the supply of water or complete the works, the director may, upon application of the
holder of the secondary permit, permit such holder joint occupancy and use under the
primary permit with the holder of the primary permit to the extent deemed advisable by
the director, but such applicant shall pay to the holder of the primary permit a pro rata
portion of the total cost of the works, which shall be based on the proportion of water
used by the original and the additional users of such works.

F. Nothing in this section or in section 45-257, subsection B, paragraph 1, shall
be construed as modifying the law of priority or the requirement of section 45-141,
subsection B, that beneficial use shall be the basis, measure and limit to the use of
water.

G. 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.