45-2611

45-2611. Transportation of underground water
and stored water away from an eastern protection zone or western
protection zone prohibited; exceptions

A. Except as provided in subsection B of this section, beginning on the effective
date of this section, underground water or stored water withdrawn in an eastern
protection zone or a western protection zone may not be transported away from the
protection zone in which the water was withdrawn if the transportation is for a
nonirrigation use.

B. Subsection A of this section does not apply to any of the following:

1. The transportation of underground water or stored water away from an eastern
protection zone or a western protection zone for a nonirrigation use in an annual amount
that does not exceed the highest annual volume of underground water or stored water
transported away from the same protection zone for that use during calendar years 1999
through 2001.

2. The transportation of underground water or stored water away from an eastern
protection zone or a western protection zone for a nonirrigation use if the person
transporting the underground water or stored water replenishes the water as provided in
section 45-2625 within twenty-four months after the end of the calendar year in which the
transportation occurs.

3. The transportation of underground water or stored water away from an eastern
protection zone or a western protection zone for a nonirrigation use if the person
transporting the underground water or stored water replaces the water with an equivalent
amount of water imported into that protection zone within the same calendar year in which
the transportation occurs.

4. The transportation of stored water away from an eastern protection zone or a
western protection zone if the stored water was originally stored in the protection zone
from which the water was recovered.

5. The transportation of underground water or stored water between the eastern
protection zone north and the eastern protection zone south.

6. The transportation of underground water or stored water between the western
municipal and industrial protection zone and the western municipal protection zone if the
water is transported for a municipal use on municipal acres.

7. Through 2023, the transportation of underground water and stored water withdrawn
by a water company within an eastern protection zone and transported by the water company
for municipal uses outside of the eastern protection zones. For the purposes of this
paragraph, stored water does not include any water stored within an eastern protection
zone and recovered within that protection zone.

8. Beginning with calendar year 2024, the annual transportation of up to one
thousand two hundred seventy-five acre-feet of underground water and stored water
withdrawn by a water company within the eastern protection zones and transported by the
water company for municipal uses outside of the eastern protection zones. For the
purposes of this paragraph, stored water does not include any water stored within an
eastern protection zone and recovered within that protection zone.