[§174C-57]  Modification of permit terms. (a)  A permittee may seek modification of any term of a permit.  A permitteewho seeks to change the use of water subject to the permit, whether or not suchchange in use is of a material nature, or to change the place of use of thewater or to use a greater quantity of water than allowed under the permit or tomake any change in respect to the water which may have a material effect uponany person or upon the water resource, shall make application pursuant to section174C-51 in respect to such a change.  Modification of one aspect or conditionof a permit may be conditioned on the permittee's acceptance of changes inother aspects of the permit.

(b)  All permit modification applications shallbe treated as initial permit applications and be subject to sections 174C-51 to174C-56; except that if the proposed modification involves an increase in thequantity of water not exceeding an average amount per month to be establishedby rule, the commission, at its discretion, may approve the proposedmodification without a hearing provided that the permittee establishes that:

(1)  A change in conditions has resulted in the waterallowed under the permit becoming inadequate for the permittee's needs; or

(2)  The proposed modification would result in a moreefficient utilization of water than is possible under the existing permit.

(c)  County agencies are exempt from therequirements of this section except where the modification involves a change inthe quantity of water to be used or where the new use would adversely affectthe quality of the water or quantity of use of another permittee. [L 1987, c45, pt of §2]