45-578. Notice; objections; hearing; issuance
of certificate; appeals
A. The director shall give notice of the application for a certificate of assured
water supply once each week for two consecutive weeks in a newspaper of general
circulation in the active management area in which the applicant proposes to use
water. The first publication shall occur within fifteen days after the application is
determined complete and correct or at any earlier time as the applicant may request after
the application is determined complete. If the application is substantially modified
after notice of the application is given pursuant to this subsection, the director shall
give notice of the application as modified in the manner prescribed by this
subsection. The first publication of any subsequent notice shall occur within fifteen
days after the modified application is determined complete and correct or at any earlier
time as the applicant may request after the modified application is determined complete.
B. Notice pursuant to subsection A of this section shall state that objections to
the issuance of the certificate may be filed by residents of the active management area,
in writing, with the director within fifteen days after the last publication of
notice. An objection shall state the name and mailing address of the objector, be signed
by the objector, the objector's agent or the objector's attorney and clearly set forth
reasons why the certificate should not be issued. The grounds for objection are limited
to whether the certificate application meets the criteria for determining an assured
water supply set forth in section 45-576, subsection I.
C. In appropriate cases, including cases where a proper written objection to the
certificate application has been filed, an administrative hearing may be held before the
director's decision on the application if the director deems a hearing necessary. The
director, thirty days prior to the date of the hearing, shall give notice of the hearing
to the applicant and to any person who filed a proper written objection to the issuance
of the certificate. The hearing shall be scheduled for not less than sixty days nor more
than ninety days after the expiration of the time in which to file objections.
D. Upon finding that an assured water supply exists for the proposed use, the
director shall issue a certificate of assured water supply to the applicant. Upon
finding that an assured water supply does not exist, the director shall deny the
application and return it to the applicant.
E. An aggrieved party or a person who contested a certificate by filing a proper
objection pursuant to subsection B of this section may seek judicial review of the final
decision of the director as provided in section 45-114, subsection B in the superior
court.
F. If the application for a certificate of assured water supply is for land that
has qualified as a member land under title 48, chapter 22, the director shall notify the
conservation district when a certificate of assured water supply is issued and shall
report the total projected average annual replenishment obligation at build-out for each
plat under the certificate. On or before January 1, 2005, the director shall provide a
written report to the conservation district indicating the total projected average annual
replenishment obligation at build-out for each plat under certificates of assured water
supply issued for land that qualified as member land under title 48, chapter 22 before
January 1, 2004.
G. 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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