Section 73-3b-202 - Issuance of recharge permit - Criteria - ConditionsThe 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.