45-440

45-440. Subsequent irrigation non-expansion
area; limitation on use of groundwater

A. Except as provided in subsection B of this section, in a subsequent irrigation
non-expansion area from which groundwater may be withdrawn and transported to an initial
active management area pursuant to article 8.1 of this chapter, a person or entity may
withdraw more than one hundred acre-feet of groundwater per year for commercial or
industrial purposes other than irrigation or residential use only if the groundwater is
withdrawn as follows:

1. From land that is eligible to be irrigated pursuant to section 45-437,
subsection B.

2. From a depth to one thousand feet at the site or sites of the proposed
withdrawals.

3. At a rate that when added to the existing rate of withdrawals in the area does
not cause the groundwater table at the site or sites of the withdrawals to decline more
than ten feet per year.

4. In an amount per acre of land from which withdrawals are made that does not
exceed:

(a) Six acre-feet in any year.

(b) Thirty acre-feet for any period of ten consecutive years computed in continuing
progressive series beginning in the year that withdrawals begin.

B. In a subsequent irrigation non-expansion area from which groundwater may be
withdrawn and transported to an initial active management area pursuant to article 8.1 of
this chapter, an electrical generating facility for which an application for a
certificate of environmental compatibility was filed with the corporation commission
pursuant to title 40, chapter 2, article 6.2 before January 1, 2000 may withdraw
groundwater for electrical generation and related uses in an amount not to exceed
sixty-two thousand five hundred acre-feet per ten year period as determined using a ten
year rolling average beginning on the date the facility first begins withdrawing
groundwater.

C. This section shall not be construed to affect the rights of:

1. A political subdivision to transport groundwater withdrawn from an irrigation
non-expansion area to an initial active management area pursuant to section 45-554.

2. Any person to store or recover water pursuant to chapter 3.1 of this title.