[§174C-54]  Competing applications.  If
two or more applications which otherwise comply with section 174C-49 are
pending for a quantity of water that is inadequate for both or all, or which
for any other reason are in conflict, the commission shall first, seek to
allocate water in such a manner as to accommodate both applications if
possible; second, if mutual sharing is not possible, then the commission shall
approve that application which best serves the public interest. [L 1987, c 45,
pt of §2]



 



Case Notes



 



  Petitions for interim instream flow standard amendments are
not among the water use permit applications "competing" under this
section; the statute relating to instream use protection, §174C-71, operates
independently of the procedures for water use regulation outlined in this
part.  94 H. 97, 9 P.3d 409.