[§174C-27]  Issuance of certificate. 
(a)  When a declaration has been filed in accordance with this section and the
commission has determined that the use declared is a reasonable, beneficial
use, the commission shall issue a certificate describing the use.  The
certificate shall be deemed to constitute a description of the use declared. 
With respect to certificates for water use, the confirmed usage shall be
recognized by the commission in resolving claims relating to existing water
rights and uses including appurtenant rights, riparian and correlative use.



(b)  The commission shall hold a hearing upon
the request of any person adversely affected by the certification or the
refusal to certify any water use.



(c)  Whenever a certified use of water is terminated,
the owner of the certificate shall file a report with the commission, providing
all information prescribed in the rules of the commission. [L 1987, c 45, pt of
§2]



 



Case Notes



 



  The rule of correlative rights applies to all ground waters
of the State.  94 H. 97, 9 P.3d 409.



  Where petitioners did not establish any "existing"
correlative uses, under the controlling water code permitting provisions, they
had no superior "right" to a permit. 94 H. 97, 9 P.3d 409.