45-598

45-598. New wells and replacement wells in new
locations in active management areas; rules; permit
required

A. The director shall adopt rules governing the location of new wells and
replacement wells in new locations in active management areas to prevent unreasonably
increasing damage to surrounding land or other water users from the concentration of
wells.

B. A person entitled to withdraw groundwater in an active management area pursuant
to article 5 or 6 of this chapter may construct a new well or a replacement well in a new
location if the location of the new well or the replacement well complies with the rules
adopted by the director pursuant to subsection A of this section and if the person has
applied for and received a permit from the director pursuant to section 45-599.

C. An applicant for a general industrial use permit pursuant to sections 45-515 and
45-521 who proposes to construct a new well or a replacement well in a new location shall
also apply for a permit pursuant to section 45-599.

D. A person who is entitled to withdraw groundwater in an active management area
under article 5 or 6 of this chapter may withdraw groundwater under article 5 or 6 of
this chapter from a well drilled to withdraw groundwater pursuant to a groundwater
withdrawal permit issued under article 7 of this chapter if the location of the well
complies with the rules adopted by the director under subsection A of this section and if
the person has applied for and received a permit from the director pursuant to section
45-599. A person entitled to withdraw groundwater in an active management area under a
general industrial use permit issued under section 45-515 may withdraw groundwater under
section 45-515 from a well used to withdraw groundwater pursuant to another category of
groundwater withdrawal permit issued under article 7 of this chapter if the location of
the well complies with the rules adopted by the director under subsection A of this
section and if the person has applied for and received a permit from the director
pursuant to section 45-599.