45-575. Administrative review of irrigation
water duty and conservation requirements
A. Any aggrieved party may request an administrative review of an irrigation water
duty or conservation requirement established pursuant to section 45-565, 45-566,
45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01. Except as provided in subsection B of
this section, the request must be made not later than ninety days from the date of notice
of such duty or requirement given thirty days after the adoption of the management plan
or if the notice was given pursuant to section 45-566.01, subsection E or 45-571.02,
subsection B, not later than ninety days from the date of the notice.
B. An aggrieved person who claims that extraordinary circumstances not in existence
as of the date of notice that was given thirty days after adoption of the management plan
justify modification of an irrigation water duty or conservation requirement established
pursuant to section 45-565, 45-566, 45-566.01, 45-567, 45-567.01, 45-568 or 45-568.01 may
request administrative review of the water duty or conservation requirement more than
ninety days from the date of notice of the water duty or conservation requirement. The
director may modify the water duty or conservation requirement if the aggrieved person
demonstrates to the director by clear and convincing evidence that extraordinary
circumstances not in existence as of the date of the notice that was given thirty days
after adoption of the management plan make it unreasonable to require compliance with a
water duty or conservation requirement.
C. The director shall give written notice to the aggrieved party who is requesting
an administrative review of the opportunity for an administrative hearing. An
administrative hearing shall be held before the director's decision on the application if
the director deems a hearing necessary or a hearing is requested by the applicant.
D. A party aggrieved by the director's decision may seek judicial review of the
final decision of the director as provided in section 45-114, subsection B in the
superior court in the county in which the irrigated land or the non-irrigation use is
located.
E. Section 45-114, subsections A and B govern administrative proceedings, rehearing
or review and judicial review of final decisions of the director under this section. If
an administrative hearing is held, it shall be conducted in the active management area in
which the use is located.
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