45-482. Registry of certificates of
grandfathered right; reporting; definition
A. The director shall establish and maintain a registry of certificates of
grandfathered rights for each active management area. The registry shall include a copy
of each certificate of grandfathered right in the active management area and such other
pertinent information as the director determines is necessary.
B. Except as provided in subsection D of this section, a person to whom a
certificate of grandfathered right is issued shall notify the director of a change in
name or mailing address or a conveyance of the grandfathered right pursuant to sections
45-472 through 45-474. Except as provided in subsection D of this section, a person to
whom a grandfathered right is conveyed shall notify the director of the conveyance and
shall furnish information as required by the director to keep the registry current and
accurate. The director shall have continuing jurisdiction and shall issue revised
certificates as necessary.
C. The director may require holders of certificates of grandfathered rights to file
additional information with the annual report required by section 45-632 as necessary to
keep the registry current and accurate. For purposes of this article, "holder" means a
person to whom a certificate of grandfathered right is issued or a person to whom a
grandfathered right is conveyed.
D. A holder of a certificate of irrigation grandfathered right is exempt from a
notification requirement in subsection B of this section for the irrigation grandfathered
right if the irrigation grandfathered right was appurtenant to ten or fewer irrigation
acres at the time of the event for which the notification is required unless one of the
following applies:
1. The land to which the irrigation grandfathered right is appurtenant is part of
an integrated farming operation.
2. Groundwater is withdrawn from the land to which the irrigation grandfathered
right is appurtenant and delivered for use pursuant to either a service area right
pursuant to article 6 of this chapter or a grandfathered groundwater right other than an
irrigation grandfathered right that is appurtenant to irrigation acres that are exempt
from irrigation water duties pursuant to section 45-563.02.
3. Groundwater is withdrawn from land that is both owned by the holder of the
certificate of irrigation grandfathered right and contiguous to the land to which the
irrigation grandfathered right is appurtenant and delivered for use pursuant to either a
service area right pursuant to article 6 of this chapter or a grandfathered groundwater
right other than an irrigation grandfathered right that is appurtenant to irrigation
acres that are exempt from irrigation water duties pursuant to section 45-563.02.
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