45-2622

45-2622. Annual southside replenishment
obligations

A. No later than October 1 of each calendar year following the year in which this
section becomes effective, the director shall calculate the southside replenishment
obligations for the preceding calendar year and notify the authority of the amount of the
obligations.

B. The director shall calculate the southside replenishment obligations for a
calendar year as follows:

1. The director shall calculate the municipal and industrial replenishment
obligation for the western municipal and industrial protection zone for the year as
follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the western municipal and industrial protection zone for
municipal uses within a western protection zone and the total amount of underground water
and stored water withdrawn during the year from within the western municipal and
industrial protection zone for industrial uses within the western municipal and
industrial protection zone, as reported to the director under sections 45-632, 45-875.01
and 45-2602. For the purposes of this subdivision, stored water does not include any
water stored at a storage facility located within the western municipal and industrial
protection zone.

(b) Divide the volume of water determined in subdivision (a) of this paragraph by
the total number of municipal acres and industrial acres within the western protection
zones on which the water was used during the year.

(c) Multiply the total number of municipal acres and industrial acres within the
western protection zones on which the water determined in subdivision (a) of this
paragraph was used during the year by two acre-feet.

(d) Subtract the product in subdivision (c) of this paragraph from the quotient in
subdivision (b) of this paragraph. The result is the municipal and industrial
replenishment obligation for the western municipal and industrial protection zone for the
year, except that if the result is less than zero, there is no replenishment obligation.

2. The director shall calculate the municipal replenishment obligation for the
western municipal protection zone for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the western municipal protection zone for municipal uses
within a western protection zone, as reported to the director under sections 45-632,
45-875.01 and 45-2602. For the purposes of this subdivision, stored water does not
include any water stored at a storage facility located within the western municipal
protection zone.

(b) Divide the volume of water determined in subdivision (a) of this paragraph by
the total number of municipal acres within the western protection zones on which the
water was used during the year.

(c) Multiply the total number of municipal acres within the western protection
zones on which the water determined in subdivision (a) of this paragraph was used during
the year by two acre-feet.

(d) Subtract the product in subdivision (c) of this paragraph from the quotient in
subdivision (b) of this paragraph. The result is the municipal replenishment obligation
for the western municipal protection zone for the year, except that if the result is less
than zero, there is no replenishment obligation.

3. The director shall calculate the municipal and industrial replenishment
obligation for the eastern protection zone north for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the eastern protection zone north for municipal uses and
industrial uses within an eastern protection zone, as reported to the director under
sections 45-632, 45-875.01 and 45-2602. For the purposes of this subdivision, stored
water does not include any water stored at a storage facility located within the eastern
protection zone north.

(b) Determine the total amount of underground water and stored water withdrawn
during the year by a water company from within the eastern protection zone south and used
for municipal uses within the eastern protection zone north. For the purposes of this
subdivision, stored water does not include any water stored at a storage facility located
within the eastern protection zone south.

(c) Add the volumes of water in subdivisions (a) and (b) of this paragraph and then
divide the sum by the total number of municipal acres and industrial acres within the
eastern protection zones on which the water was used during the year.

(d) Multiply the total number of municipal acres and industrial acres within the
eastern protection zones on which the water determined in subdivision (c) of this
paragraph was used during the year by 2.33 acre-feet.

(e) Subtract the product in subdivision (d) of this paragraph from the quotient in
subdivision (c) of this paragraph. The result is the municipal and industrial
replenishment obligation for the eastern protection zone north for the year, except that
if the result is less than zero, there is no replenishment obligation.

4. The director shall calculate the municipal and industrial replenishment
obligation for the eastern protection zone south for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the eastern protection zone south for municipal uses and
industrial uses within an eastern protection zone, as reported to the director under
sections 45-632, 45-875.01 and 45-2602. For the purposes of this subdivision, stored
water does not include any water stored at a storage facility located within the eastern
protection zone south.

(c) Subtract the volume in subdivision (b) of this paragraph from the volume in
subdivision (a) of this paragraph and then divide the difference by the total number of
municipal acres and industrial acres within the eastern protection zones on which the
water determined in subdivision (a) of this paragraph other than water determined in
subdivision (b) of this paragraph was used during the year.

(d) Multiply the total number of municipal acres and industrial acres within the
eastern protection zones on which the water determined in subdivision (a) of this
paragraph other than water determined in subdivision (b) of this paragraph was used
during the year by 2.33 acre-feet.

(e) Subtract the product in subdivision (d) of this paragraph from the quotient in
subdivision (c) of this paragraph. The result is the municipal and industrial
replenishment obligation for the eastern protection zone south for the year, except that
if the result is less than zero, there is no replenishment obligation.

5. The director shall calculate the irrigation replenishment obligation for the
western municipal and industrial protection zone and the western municipal protection
zone for the year as follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the western municipal and industrial protection zone and the
western municipal protection zone and used for the irrigation of lands within those
protection zones, as reported to the director on the annual reports required by sections
45-632, 45-875.01 and 45-2602. For the purposes of this subdivision, stored water does
not include any water stored at a storage facility located within the western municipal
and industrial protection zone or the western municipal protection zone.

(b) For each farm within the western municipal and industrial protection zone and
the western municipal protection zone for which an annual report is filed under section
45-632, 45-875.01 or 45-2602 for the year, calculate the maximum amount of groundwater
that may be used on the farm for irrigation purposes during the year without causing the
flexibility account for the farm to be in arrears in excess of the amount allowed under
section 45-467, subsection I. In making this calculation, the director shall use the
irrigation water duty established for the farm for the third management period pursuant
to section 45-566, subsection A, paragraph 1.

(d) Subtract the amount in subdivision (c) of this paragraph from the amount in
subdivision (a) of this paragraph. The difference is the irrigation replenishment
obligation for the year for the western municipal and industrial protection zone and the
western municipal protection zone, except that if the difference is less than zero, there
is no replenishment obligation.

6. The director shall calculate the irrigation replenishment obligation for the
eastern protection zone north and the eastern protection zone south for the year as
follows:

(a) Determine the total amount of underground water and stored water withdrawn
during the year from within the eastern protection zone north and the eastern protection
zone south and used for the irrigation of lands within those protection zones, as
reported to the director on the annual reports required by section 45-632, section
45-875.01, subsection D and section 45-2602. For the purposes of this subdivision, stored
water does not include any water stored at a storage facility located within the eastern
protection zone north or the eastern protection zone south.

(b) For each farm within the eastern protection zone north and the eastern
protection zone south for which an annual report is filed under section 45-632, 45-875.01
or 45-2602 for the year, calculate the maximum amount of groundwater that may be used on
the farm for irrigation purposes during the year without causing the flexibility account
for the farm to be in arrears in excess of the amount allowed under section 45-467,
subsection I. In making this calculation, the director shall use the irrigation water
duty established for the farm for the third management period pursuant to section 45-566,
subsection A, paragraph 1.

(d) Subtract the amount in subdivision (c) of this paragraph from the amount in
subdivision (a) of this paragraph. The difference is the irrigation replenishment
obligation for the year for the eastern protection zone north and the eastern protection
zone south, except that if the difference is less than zero, there is no replenishment
obligation.

7. Through 2023, the director shall calculate the water company replenishment
obligation for the year by determining the amount of underground water and stored water
withdrawn during the year from within the eastern protection zones by a water company and
transported for municipal uses outside of the eastern protection zones and then
subtracting from that amount one thousand two hundred seventy-five acre-feet. The
difference is the water company replenishment obligation for the year, except that if the
difference is less than zero, there is no replenishment obligation. For the purposes of
this paragraph, stored water does not include any water stored at a storage facility
located within an eastern protection zone and recovered within that protection zone.