Water and Irrigation
Groundwater Recharge and Recovery Act
Section 202
Issuance of recharge permit -- Criteria -- Conditions.
     73-3b-202.   Issuance of recharge permit -- Criteria -- Conditions.
     The state engineer:
     (1) shall issue a recharge permit if:
     (a) the applicant has:
     (i) the technical and financial capability to construct and operate the recharge project; and
     (ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or
     (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and
     (b) the project:
     (i) is hydrologically feasible;
     (ii) will not cause unreasonable harm to land;
     (iii) will not impair any existing water right within the area of hydrologic impact; and
     (iv) will not adversely affect the water quality of the aquifer;
     (2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and
     (3) may attach to the permit any condition the state engineer determines is appropriate.

Amended by Chapter 107, 2010 General Session
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