45-495. Withdrawals and transportations by
irrigation districts within subsequent active management
areas
In a subsequent active management area established pursuant to section 45-412:
1. An irrigation district existing and engaged in the withdrawal, delivery and
distribution of groundwater as of the date of the designation of the active management
area shall have the right, subject to section 45-496:
(a) To withdraw and transport groundwater within its service area for the benefit
of landowners within its service area, and the landowners are entitled to use the
groundwater delivered, provided claims of landowners to irrigation grandfathered rights
or type 1 or 2 non-irrigation grandfathered rights shall be subject to the provisions of
article 5 of this chapter.
(b) If legally withdrawing and transporting groundwater from outside its service
area for use within its service area as of the date of designation of the active
management area, to continue to withdraw and transport the amount of groundwater legally
being withdrawn as of the date of the designation of the active management area.
2. An irrigation district which was not engaged in the withdrawal, delivery and
distribution of groundwater as of the date of the designation of the active management
area shall be limited to the right, subject to section 45-496, to:
(a) Contract for surface water and deliver and distribute such water within its
service area for irrigation purposes.
(b) Contract to purchase, deliver and distribute effluent within its service area
for irrigation purposes.
(c) Withdraw, deliver and distribute within its service area the amount of
groundwater allowed by the current irrigation water duty of each member farm multiplied
by the water duty acres in that farm, less any portion of such amount withdrawn by
individual members.
(d) Continue but not expand any non-irrigation water service being lawfully
provided as of the date of the designation of the active management area, except as
provided in section 45-497, subsection B.
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