PART IV. 
REGULATION OF WATER USE



 



Case Notes



 



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



 



§174C-41  Designation of water management
area.  (a)  When it can be reasonably determined, after conducting
scientific investigations and research, that the water resources in an area may
be threatened by existing or proposed withdrawals or diversions of water, the
commission shall designate the area for the purpose of establishing administrative
control over the withdrawals and diversions of ground and surface waters in the
area to ensure reasonable-beneficial use of the water resources in the public
interest.



(b)  The designation of a water management area
by the commission may be initiated upon recommendation by the chairperson or by
written petition.  It shall be the duty of the chairperson to make
recommendations when it is desirable or necessary to designate an area and
there is factual data for a decision by the commission.  The chairperson, after
consultation with the appropriate county council, county mayor, and county
water board, shall act upon the petition by making a recommendation for or
against the proposed designation to the commission within sixty days after
receipt of the petition or such additional time as may be reasonably necessary
to determine that there is factual data to warrant the proposed designation.



(c)  Designated ground water areas established
under 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 L
1999, c 197, §4]



 



Revision Note



 



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