45-517. Temporary permit for electrical energy
generation; conditions for issuance
A. The director shall, upon an adequate showing that an emergency exists, issue a
temporary permit to a person engaged in the generation of electrical energy to withdraw
groundwater in excess of the amount of groundwater the person is legally entitled to
withdraw under a grandfathered right or other groundwater withdrawal permit.
B. A person may withdraw groundwater in excess of the amount he is legally entitled
to withdraw before a permit is issued pursuant to this section. Such person, as soon as
reasonably practicable after such withdrawals of groundwater commence, shall submit
evidence to the director that an emergency exists.
C. The director shall monitor withdrawals of groundwater pursuant to a temporary
permit and shall terminate the permit when the emergency ends.
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