45-476. Application for certificate of
grandfathered right
A. Except as provided in section 45-476.01, a person claiming the right to withdraw
or receive and use groundwater pursuant to a grandfathered right shall file an
application for a certificate of grandfathered right with the department not later than
fifteen months after the date of the designation of the active management area on a form
provided by the department.
B. The application for a certificate of grandfathered right not based upon prior
proceedings on a certificate of exemption shall include the following:
1. The name and mailing address of the applicant.
2. The name of the active management area within which the withdrawal of
groundwater pursuant to the claimed grandfathered right is being or has been made.
3. If the application is for a type 1 non-irrigation grandfathered right:
(a) The legal description and a map of the retired irrigated land in respect of
which the right is claimed.
(b) The date when the irrigated land was retired.
(c) Such evidence as the director shall require that the retired irrigated land has
been held under the same ownership since it was retired and that a development plan for
the proposed non-irrigation use existed at the time the land was retired.
(d) If in a subsequent active management area, the amount of groundwater used per
acre for the retired irrigated land each year during the five years preceding the time
the land was retired.
(e) Whether the well from which the water will be withdrawn is located in a
groundwater replenishment district.
4. If the application is for a type 2 non-irrigation grandfathered right:
(a) The maximum amount of groundwater legally withdrawn from land owned by the
applicant and used in any one year during the five years preceding the date of the
designation of the active management area.
(b) If the person withdrawing groundwater from the land owned by the applicant has
made an application for a type 1 non-irrigation grandfathered right, a copy of the
application.
5. If the application is for an irrigation grandfathered right:
(a) The legal description and a map of all land owned by the applicant which was
legally irrigated at any time during the five years preceding January 1, 1980 for initial
active management areas or the date of the designation of the active management area for
subsequent active management areas and the highest number of acres legally irrigated with
groundwater at one time in any one year during the five-year period.
(b) The type of crops grown on such land and the cropping patterns used during the
five-year period.
(c) The irrigation methods and devices currently being used in the irrigation of
such land.
6. The location of each well from which groundwater is being or has been withdrawn
by the applicant to irrigate such land.
7. The sworn statement that the information contained in the application is true
and correct to the best knowledge and belief of the applicant.
8. Any other information the director may require.
C. A person or his successor claiming the right to use groundwater pursuant to a
grandfathered right, described in whole or in part by a certificate of exemption, shall
file an application for a certificate of grandfathered right as provided in subsection D
of this section and shall automatically be entitled to a certificate or certificates of
grandfathered right for the portion of the grandfathered right claimed which is evidenced
by the certificate of exemption or established by the proceedings on the certificate of
exemption. Notice of the application is not required and hearings shall not be held. If
the applicant claims grandfathered rights in addition to the amount of use described in
the certificate of exemption, application for such additional amount shall be made
pursuant to subsection B of this section, and such application is subject to the notice,
objection and hearing provisions applicable to applications made pursuant to that
subsection.
D. The application for a certificate of grandfathered right based upon prior
proceedings upon an application for a certificate of exemption shall include the
following:
1. The name and mailing address of the applicant.
2. The name of the active management area within which the withdrawal of
groundwater pursuant to the claimed grandfathered right is being or has been made.
3. The total amount of groundwater to be withdrawn annually under the certificate
of exemption.
4. The number of retired irrigated acres described in the application for a
certificate of exemption.
5. Such evidence as the director shall require that the retired irrigated land has
been held under the same ownership since it was retired.
6. The number of the certificate of exemption and a copy of the certificate of
exemption.
7. The sworn statement that the information contained in the application is true
and correct to the best knowledge and belief of the applicant.
8. Any other information the director may require.
|