[§174C-62]  Declaration of water shortage. (a)  The commission shall formulate a plan for implementation during periods ofwater shortage.  As a part of the plan, the commission shall adopt a reasonablesystem of permit classification according to source of water supply, method ofextraction or diversion, use of water, or a combination thereof.

(b)  The commission, by rule, may declare thata water shortage exists within all or part of an area when insufficient wateris available to meet the requirements of the permit system or when conditionsare such as to require a temporary reduction in total water use within the areato protect water resources from serious harm.  The commission shall publish aset of criteria for determining when a water shortage exists.

(c)  In accordance with the plan adopted undersubsection (a), the commission may impose such restrictions on one or moreclasses of permits as may be necessary to protect the water resources of thearea from serious harm and to restore them to their previous condition.

(d)  A declaration of water shortage and anymeasures adopted pursuant thereto may be rescinded by rule by the commission.

(e)  When a water shortage is declared, thecommission shall cause a notice thereof to be published in a prominent place ina newspaper of general circulation throughout the area.  The notice shall bepublished each day for the first week of the shortage and once a weekthereafter until the declaration is rescinded.  Publication of such noticeshall serve as notice to all water users in the area of the condition of watershortage.

(f)  The commission shall cause each permitteein the area to be notified by regular mail of any change in the conditions ofthe permittee's permit, any suspension thereof, or of any other restriction onthe use of water for the duration of the water shortage.

(g)  If an emergency condition arises due to awater shortage within any area, whether within or outside of a water managementarea, and if the commission finds that the restrictions imposed undersubsection (c) are not sufficient to protect the public health, safety, orwelfare, or the health of animals, fish, or aquatic life, or a public watersupply, or recreational, municipal, agricultural, or other reasonable uses, thecommission may issue orders reciting the existence of such an emergency andrequiring that such actions as the commission deems necessary to meet theemergency be taken, including but not limited to apportioning, rotating,limiting, or prohibiting the use of the water resources of the area.  Any partyto whom an emergency order is directed may challenge such an order but shallimmediately comply with the order, pending disposition of the party'schallenge.  The commission shall give precedence to a hearing on such challengeover all other pending matters. [L 1987, c 45, pt of §2]