Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 46.15.080 - Criteria for issuance of permit(a) The commissioner shall issue a permit if the commissioner finds that (1) rights of a prior appropriator will not be unduly affected;(2) the proposed means of diversion or construction are adequate;(3) the proposed use of water is beneficial; and(4) the proposed appropriation is in the public interest.(b) In determining the public interest, the commissioner shall consider (1) the benefit to the applicant resulting from the proposed appropriation;(2) the effect of the economic activity resulting from the proposed appropriation;(3) the effect on fish and game resources and on public recreational opportunities;(4) the effect on public health;(5) the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation;(6) harm to other persons resulting from the proposed appropriation;(7) the intent and ability of the applicant to complete the appropriation; and(8) the effect upon access to navigable or public water.