73-3-23. Replacement of water.
In all cases of appropriations of underground water the right of replacement is hereby
granted to any junior appropriator whose appropriation may diminish the quantity or injuriously
affect the quality of appropriated underground water in which the right to the use thereof has been
established as provided by law. No replacement may be made until application in writing has
been made to and approved by the state engineer. In all cases replacement shall be at the sole cost
and expense of the applicant and subject to such rules and regulations as the state engineer may
prescribe. The right of eminent domain is hereby granted to any applicant for the purpose of
replacement as provided herein.
No Change Since 1953
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Last revised: Thursday, May 28, 2009