45-604

45-604. Water measuring devices

A. Except as provided in subsections B, C and D of this section, a person who
withdraws groundwater from a nonexempt well in an active management area or an irrigation
non-expansion area, a person who withdraws water from a non-exempt well in the Santa Cruz
active management area or a person who withdraws groundwater for transportation to an
initial active management area pursuant to article 8.1 of this chapter shall use a water
measuring device approved by the director.

B. A person who holds a type 2 non-irrigation grandfathered right or a groundwater
withdrawal permit in the amount of ten or fewer acre-feet per year is not required to use
a water measuring device to measure withdrawals pursuant to that grandfathered right or
groundwater withdrawal permit unless the person holds more than one such right or permit
in the aggregate amount of more than ten acre-feet per year and withdraws more than ten
acre-feet of groundwater per year pursuant to those rights or permits from one well.

C. In an irrigation non-expansion area:

1. A person who withdraws ten or fewer acre-feet of groundwater per year from a
non-exempt well for a non-irrigation use is not required to use a water measuring device
to measure withdrawals from that well.

2. A person who withdraws groundwater from a non-exempt well for an irrigation use
is not required to use a water measuring device to measure withdrawals from that well if
both of the following apply:

(a) Groundwater withdrawn from the well for an irrigation use is used only on land
that is owned by a person who has the right under section 45-437 to irrigate ten or fewer
contiguous acres at the place of the use.

(b) Groundwater withdrawn from the well is not used on land that is part of an
integrated farming operation.

D. In an active management area, a person, other than an irrigation district, who
withdraws groundwater from a non-exempt well for use pursuant to an irrigation
grandfathered right that is appurtenant to ten or fewer irrigation acres is not required
to use a water measuring device to measure withdrawals from that well unless groundwater
withdrawn from the well is also used pursuant to either a service area right pursuant to
article 6 of this chapter or a grandfathered groundwater right other than an irrigation
grandfathered right that is appurtenant to irrigation acres that are exempt from
irrigation water duties pursuant to section 45-563.02.

E. The director shall adopt rules setting forth the requirements and specifications
for water measuring devices.