45-471. Use of type 2 non-irrigation
grandfathered right by owner
A. The owner of a type 2 non-irrigation grandfathered right pursuant to section
45-464 may use groundwater withdrawn pursuant to the right for any non-irrigation purpose
at any location, subject to the provisions governing transportation of groundwater in
article 8 of this chapter, except that, if the right is based on withdrawals of
groundwater:
1. For the extraction or processing of minerals, the owner may use groundwater
withdrawn pursuant to the right only for the purpose of mineral extraction or
processing. For the purposes of this article, mineral extraction and processing use of
groundwater means all withdrawals and uses of groundwater related to a mining operation
including compliance with applicable environmental controls.
2. For the generation of electrical energy, the owner may use groundwater withdrawn
pursuant to the right only for electrical energy generation.
B. The owner of a type 2 non-irrigation grandfathered right may withdraw
groundwater pursuant to the right only from those wells listed on the certificate of
grandfathered right.
C. The owner of a type 2 non-irrigation grandfathered right may request the
director to issue a revised certificate to reflect new or additional points of
withdrawal. If a proposed new or additional point of withdrawal is a well that was
drilled pursuant to a permit or notice of intention to drill filed after June 12, 1980,
the owner shall demonstrate that the proposed withdrawals will not cause unreasonably
increasing damage to surrounding land or other water users, and in the Santa Cruz active
management area, that the proposed withdrawals will be consistent with the management
plan for the active management area.
D. If a type 2 non-irrigation grandfathered right is leased, the lessee may use
groundwater withdrawn pursuant to the right subject to subsections A, B and C of this
section.
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