45-856.01. Protection of the stored water

A. Except as provided in subsection B or E of this section, in an active management area the director shall not issue any of the following permits, certificates or designations unless the applicant demonstrates that the application for the permit, certificate or designation would have satisfied the requirements for issuance of the permit, certificate or designation if water stored pursuant to this chapter did not exist:

1. An application for a groundwater withdrawal permit under chapter 2, article 7 of this title, if a proposed point of withdrawal for the permit is located within the area of impact of the stored water.

2. An application for designation of a city, town or private water company as having an assured water supply under section 45-576, if any portion of the city, town or private water company that is proposed to be designated is located within the area of impact of the stored water.

3. An application for a certificate of assured water supply under section 45-577, if a proposed point of withdrawal for a proposed source of water is located within the area of impact of the stored water.

4. An application for a permit to construct a new well or a replacement well under section 45-599, if the proposed well is located within the area of impact of the stored water.

B. Subsection A, paragraphs 2 and 3 of this section do not apply to the holder of long-term storage credits who, pursuant to section 45-855.01, has requested that the director include stored water in determining whether to issue a certificate of assured water supply or designate or redesignate a city, town or private water company as having an assured water supply.

C. Except as provided in subsection D or E of this section, outside an active management area the director shall not issue any of the following decisions of adequate water supply under section 45-108 unless the applicant demonstrates that the application would have satisfied the requirements for issuance of the decision if the stored water did not exist:

1. A decision stating that an adequate water supply exists for a subdivision, if a proposed point of withdrawal for a proposed source of water is located within the area of impact of the stored water.

2. A decision designating a city, town or private water company as having an adequate water supply, if any portion of the city, town or private water company that is proposed to be designated is located within the area of impact of the stored water.

D. Subsection C of this section does not apply to the holder of long-term storage credits who has requested pursuant to section 45-855.01 that the director include stored water in determining whether to issue a decision stating that an adequate water supply exists for a subdivision or designating a city, town or private water company as having an adequate water supply.

E. Subsections A and C of this section do not apply if the director determines that the water stored pursuant to this chapter will not be recovered from within the area of impact of the stored water.