The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater:
(a) Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim;
(b) Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;
(c) Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer;
(d) Provisions to minimize waste by requiring users to employ water conservation measures;
(e) Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; and
(f) Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.
Sources: Codes, 1942, § 5956-13; Laws, 1956, ch. 167, § 13; Laws, 1978, ch. 437, § 2; Laws, 1985, ch. 459, § 14; Laws, 1995, ch. 505, § 3, eff from and after July 1, 1995.
The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater:
(a) Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim;
(b) Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;
(c) Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer;
(d) Provisions to minimize waste by requiring users to employ water conservation measures;
(e) Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; and
(f) Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.
Sources: Codes, 1942, § 5956-13; Laws, 1956, ch. 167, § 13; Laws, 1978, ch. 437, § 2; Laws, 1985, ch. 459, § 14; Laws, 1995, ch. 505, § 3, eff from and after July 1, 1995.
The commission shall have the power to adopt, modify, repeal, promulgate and enforce, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from the rules and regulations which contain any of the following provisions as the commission finds appropriate concerning the regulation of surface water and groundwater:
(a) Provisions for making observations and measurements as will enable it to administratively determine and establish the rights of all water users who were making beneficial use of water prior to April 1, 1985, and who have filed a notice of claim;
(b) Provisions concerning the timing of withdrawals, provisions to protect against or abate saltwater encroachment; provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;
(c) Provisions concerning well depth and spacing controls and provisions establishing a range of prescribed static levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on actual proof of the capacities and characteristics of the aquifer;
(d) Provisions to minimize waste by requiring users to employ water conservation measures;
(e) Provisions concerning well design and standards, including provisions regarding technical upgrading requirements for existing permitted wells in water use caution areas; and
(f) Other provisions not inconsistent with this chapter as the commission finds necessary to implement the purposes of this chapter.
Sources: Codes, 1942, § 5956-13; Laws, 1956, ch. 167, § 13; Laws, 1978, ch. 437, § 2; Laws, 1985, ch. 459, § 14; Laws, 1995, ch. 505, § 3, eff from and after July 1, 1995.
