45-559. Well spacing requirements for
withdrawing groundwater for transportation to an active management
area


Except as provided in section 45-554, subsection A and except for groundwater
withdrawn and transported pursuant to section 45-555, subsections E and F, a person may
not use a well constructed after September 21, 1991 for the purpose of withdrawing
groundwater for transportation to an active management area pursuant to article 8.1 of
this chapter unless the person wishing to use the well for that purpose applies to the
director for approval and the director approves the application. The director shall
approve the application if the director determines that the withdrawals for that purpose
will not unreasonably increase damage to surrounding land or other water users from the
concentration of wells. In making this determination, the director shall follow the
criteria for proposed withdrawals in the rules adopted pursuant to section 45-598,
subsection A.