45-518

45-518. Temporary dewatering permit;
extensions; emergency temporary dewatering permit; conditions for
issuance

(L92, ch 3, sec 5. Emergency.)

A. The director may issue a temporary permit to a person to withdraw groundwater
for dewatering purposes if the director determines that:

1. Dewatering is necessary for the construction or the structural integrity of
improvements on the land from which the groundwater is proposed to be withdrawn.

2. Dewatering is consistent within the management plan for the active management
area.

3. The groundwater to be withdrawn pursuant to the permit will be used beneficially
by a person who would otherwise be permitted to use groundwater under this title,
including the applicant to the extent the applicant could otherwise withdraw and use
groundwater under this title, unless the applicant demonstrates that it would be
infeasible for any such person to put the groundwater to a beneficial use.

4. Dewatering will not harm any person permitted to withdraw or use groundwater
under this title.

B. Subject to subsection C of this section, a permit issued pursuant to this
section may be issued for a period of up to five years and may be extended for additional
five year periods if the director determines that the conditions specified in subsection
A of this section continue to apply.

C. The director shall monitor withdrawals of groundwater pursuant to a temporary
dewatering permit or extension and shall terminate the permit if the conditions specified
in subsection A or B of this section no longer apply.

D. During the period in which an application for a temporary dewatering permit is
under consideration by the director pursuant to this article, the director may issue an
emergency temporary dewatering permit to the applicant if the director determines that
immediate dewatering is necessary for the construction or structural integrity of
improvements on the land from which the groundwater is proposed to be withdrawn, that
property damage or inordinate expense or delay would result if the applicant is not
allowed to begin dewatering immediately and that dewatering will not harm any person
permitted to withdraw or use groundwater under this title. The director may issue an
emergency temporary dewatering permit without complying with section 45-523. The director
shall monitor withdrawals of groundwater pursuant to the emergency temporary dewatering
permit and shall terminate the permit if the conditions that gave rise to its issuance no
longer apply or if a temporary dewatering permit is issued or denied.