45-480

45-480. Review of applications; investigations;
hearings; final determination; judicial review

A. Except as provided in subsection F of this section, the director shall review
each application for a certificate of grandfathered right or a restoration of a retired
irrigation grandfathered right and may conduct such investigations as deemed necessary to
determine whether the information contained in the application is correct and sufficient
to issue a certificate or grant restoration. Except as provided in section 45-476,
subsection C, in appropriate cases, including cases in which a written objection has been
filed, an administrative hearing may be held before the director's decision on the
application if the director deems a hearing necessary to determine whether the
information contained in the application is correct and sufficient to issue a certificate
or grant restoration. Thirty days prior to the date of the hearing, the director shall
give notice of the hearing to the applicant and any person who has filed an objection to
the application.

B. If the director determines that the information contained in the application is
correct and is sufficient to issue a certificate of grandfathered right or restore a
retired irrigation grandfathered right, the director shall issue a certificate of
grandfathered right pursuant to section 45-481 or restore a retired irrigation
grandfathered right to the applicant. If the director determines that the information
contained in the application is incorrect or is insufficient to issue a certificate or
grant restoration, the director may return the application specifically stating the
reasons for its return. The applicant may reapply within thirty days of receipt of the
returned application. A reapplication relates back to the filing of the original
application but otherwise shall be treated as a new application.

C. If, before an administrative hearing, the director determines that the applicant
is not entitled to a certificate of grandfathered right or a restoration of a retired
irrigation grandfathered right or determines that the amount of a grandfathered right or
a retired irrigation grandfathered right is less than that requested in the application,
the director shall provide the applicant with notice and an opportunity for an
administrative hearing.

D. The applicant or any person entering a proper objection to the application may
seek judicial review of the final decision of the director as provided in section 45-114,
subsection B in the superior court in the county in which the irrigated land or the
non-irrigation use is located.

E. This section does not apply to late applications for certificates of
grandfathered rights filed pursuant to section 45-476.01.

F. Beginning January 1 of the calendar year following the year in which a
groundwater replenishment district is required to submit its preliminary plan pursuant to
section 45-576.02, subsection A, paragraph 1, the director shall withhold review of an
application for a certificate for a type 1 non-irrigation grandfathered right appurtenant
to land located in the district unless at the time the application is filed:

1. The director has determined that the district's plan for operation is consistent
with achieving the management goal, according to section 45-576.03, subsection E, and the
designation has not expired.

2. The master replenishment account, as established in section 45-858.01, does not
have a debit balance in an amount in excess of the amount allowed under section
45-576.01, subsection A, paragraph 3.

G. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section. If
an administrative hearing is held, it shall be conducted in the active management area in
which the use is located.