§174C-41 - Designation of water management area.

PART IV. REGULATION OF WATER USE

Case Notes

  A water management area designation may not be challenged inan original action pursuant to §91-7.  83 H. 484, 927 P.2d 1367.

§174C-41  Designation of water managementarea.  (a)  When it can be reasonably determined, after conductingscientific investigations and research, that the water resources in an area maybe threatened by existing or proposed withdrawals or diversions of water, thecommission shall designate the area for the purpose of establishing administrativecontrol over the withdrawals and diversions of ground and surface waters in thearea to ensure reasonable-beneficial use of the water resources in the publicinterest.

(b)  The designation of a water management areaby the commission may be initiated upon recommendation by the chairperson or bywritten petition.  It shall be the duty of the chairperson to makerecommendations when it is desirable or necessary to designate an area andthere is factual data for a decision by the commission.  The chairperson, afterconsultation with the appropriate county council, county mayor, and countywater board, shall act upon the petition by making a recommendation for oragainst the proposed designation to the commission within sixty days afterreceipt of the petition or such additional time as may be reasonably necessaryto determine that there is factual data to warrant the proposed designation.

(c)  Designated ground water areas establishedunder chapter 177, the Ground-Water Use Act, and remaining in effect on July 1,1987, shall continue as water management areas. [L 1987, c 45, pt of §2; am L1999, c 197, §4]

Revision Note

  "On July 1, 1987" substituted for "at theeffective date of this chapter".