45-470

45-470. Use of type 1 non-irrigation
grandfathered right by original owner; definition

A. Except as provided in section 45-469, subsection I, or as provided in subsection
B of this section, the original owner of a type 1 non-irrigation grandfathered right
pursuant to section 45-463 or 45-469 may:

1. Use groundwater withdrawn pursuant to the right for any non-irrigation use:

(a) On the land to which the right is appurtenant.

(b) On any other land, subject to the provisions governing transportation of
groundwater in articles 8 and 8.1 of this chapter, except that, if the land to which the
right is appurtenant is included within the exterior boundaries of the service area of a
city, town or private water company, use groundwater on other land only if the use on
other land was commenced prior to the date of the designation of the active management
area or is pursuant to a development plan filed with the director prior to the inclusion
of the land within the exterior boundaries of the service area of the city, town or
private water company.

2. Pursuant to section 45-473, convey retired irrigated land with the appurtenant
type 1 non-irrigation grandfathered right. Any land not conveyed shall retain its
appurtenant type 1 non-irrigation grandfathered right.

B. The original owner of a type 1 non-irrigation grandfathered right pursuant to
section 45-463 or 45-469 shall not withdraw or use groundwater pursuant to the portion of
the type 1 non-irrigation grandfathered right that is appurtenant to land which the
original owner may irrigate with effluent under section 45-452, subsection J.

C. For the purposes of this section, "original owner" means:

1. The person who acquired and retired land from irrigation prior to the date of
the designation of the active management area pursuant to section 45-463 and any person
or entity that holds such land under the same ownership as defined by section 45-461.

2. The person who retires legally irrigated land after the date of the designation
of the active management area pursuant to section 45-469 and any person or entity that
holds such land under the same ownership as defined by section 45-461.