45-513

45-513. Dewatering permit; definition;
priorities for use of groundwater; conditions on director; duration
of permit

A. Except as provided in subsection F of this section, a person who is engaged in
or proposes to engage in the extraction and processing of minerals shall be issued a
dewatering permit for the beneficial use of the land for mineral extraction, for
metallurgical processing and for compliance with applicable environmental controls. For
purposes of this section, "dewatering" means the withdrawal of groundwater from pits,
from in, under and around ore bodies in proximity to pits and from underground
workings. Dewatering does not include process water and tailing water recovered from or
pumped from beneath tailing ponds.

B. A person who is engaged in or proposes to engage in the extraction and
processing of minerals may recover from or pump from beneath tailing ponds process water
and tailing water without obtaining a permit under this article, if that water is
recycled into the extraction or metallurgical process or is withdrawn to comply with
applicable environmental controls. Such a person may not drill or cause to be drilled a
well for the purpose of pumping or recovering process water or tailing water from beneath
tailing ponds for recycling into the extraction or metallurgical process without first
filing a notice of intention to drill under section 45-596.

C. Groundwater withdrawn pursuant to a dewatering permit shall be used in the
following order of priority:

1. To meet mineral extraction, metallurgical processing and environmental control
requirements of the permittee.

2. To a city, town, private water company or farm and any other person whose
respective ability to withdraw groundwater has been adversely affected by a dewatering
permit. Such water shall be equitably allocated by the director without costs but
subject to the conditions set forth in subsection D of this section among such persons
adversely affected by such dewatering. A person who receives an allocation of water
under this paragraph shall reduce his groundwater withdrawals by the amount of water he
receives under this paragraph. A person receiving water under this paragraph does not
thereby forfeit or abandon his right to withdraw groundwater.

3. For municipal, commercial, domestic and industrial needs of communities and
residential areas directly related to the mineral extraction and metallurgical processing
operation of the permittee.

4. To irrigate land owned or controlled by the permittee which is entitled to the
use of groundwater for irrigation.

5. To the director for such distribution as will best achieve the goals and
purposes of the management plan for the active management area.

6. For such other legal purpose as the permittee elects.

D. Groundwater made available to the director for distribution or allocation under
this section is subject to the following conditions:

1. The permittee shall deliver the groundwater to the boundary of his property but
shall not be obligated to deliver it further.

2. The permittee shall not be required to treat the chemical quality of the
groundwater for distribution or allocation.

3. The permittee shall not be required to make the groundwater available if
dewatering ceases, or if all or any portion of the groundwater is needed for a purpose
having a higher priority as specified in subsection C of this section.

4. The person actually using the groundwater distributed or allocated by the
director shall be responsible for paying any withdrawal fees required under section
45-611.

5. If the director sells water, proceeds shall be applied as follows:

(a) To cover costs, if any, of the director in delivering water to other users.

(b) To cover the permittee's cost in transporting water to the boundary of his
property.

E. A permit issued pursuant to this section shall be granted for a period of up to
fifty years, subject to renewal under the same criteria used in granting the original
permit.

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, and except for an application to renew a
dewatering permit, on receiving a permit application the director shall not issue a
permit for a well in the district unless at the time the application for the permit 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.