§174C-54 - Competing applications.
[§174C-54] Competing applications. Iftwo or more applications which otherwise comply with section 174C-49 arepending for a quantity of water that is inadequate for both or all, or whichfor any other reason are in conflict, the commission shall first, seek toallocate water in such a manner as to accommodate both applications ifpossible; second, if mutual sharing is not possible, then the commission shallapprove that application which best serves the public interest. [L 1987, c 45,pt of §2]
Case Notes
Petitions for interim instream flow standard amendments arenot among the water use permit applications "competing" under thissection; the statute relating to instream use protection, §174C-71, operatesindependently of the procedures for water use regulation outlined in thispart. 94 H. 97, 9 P.3d 409.