Title 49, Waters, Water Resources and Drainage

A surface water withdrawer must provide the department with prior written notice of the construction of a new surface water intake that changes the method of measuring the water the permittee is withdrawing, cessation of its surface water withdrawals, a proposed change in ownersh…

The department may issue a temporary surface water withdrawal permit to a new applicant while his application is pending, if the temporary permit is necessary to address an imminent hazard to public health or the applicant demonstrates that without a temporary permit he will suff…

(A)(1)(a) For new surface water withdrawers located on a stream segment not influenced by a licensed or otherwise flow controlled impoundment, the surface water withdrawal permit authorizes withdrawals up to the permitted amount pursuant to this chapter's definition of minimum in…

(A) Each permittee must prepare and maintain on site, available for inspection, an operational and contingency plan to promote an adequate water supply from the surface water during times when the actual flow of the surface water is less than the minimum instream flow for that pa…

(A) In addition to any other powers and duties, the department may: (1) promulgate regulations necessary to implement the policies and purposes of this chapter; (2) enter upon any land or water for the purpose of conducting investigations, examinations, or surveys necessary to ca…

(A) The department is authorized to collect the following surface water withdrawal program fees: (1) existing surface water withdrawal permit application processing fee $1,000; (2) new surface water withdrawal permit application processing fee $7,500; (3) modification of surface …

(A) A surface water withdrawer who commits a violation of this chapter: (1) is subject to a civil penalty of not more than ten thousand dollars for each day that the violation occurred; or (2) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousa…

As used in this chapter: (1) "Affected area" means that portion of a county or counties within a river basin that, under the circumstances, are determined by the department to likely be affected by a proposed surface water withdrawal. (2) "Agriculture facility" means any land, bu…

Except as provided in Sections 49-4-30, 49-4-35, 49-4-40, and 49-4-45, all surface water withdrawals by a surface water withdrawer are unlawful unless made pursuant to a surface water withdrawal permit issued pursuant to this chapter. The department may not issue a permit to a ne…

(A) Surface water withdrawals for the following purposes are exempt from the permitting, registering, and reporting requirements provided for in this chapter: (1) withdrawals associated with active instream dredging or sand-mining operations or other nonconsumptive instream minin…

(A) Registered surface water withdrawers must register their surface water use with the department on forms provided by the department and are subject only to the reporting requirements of Section 49-4-50. Registered surface water withdrawers are authorized to withdraw surface wa…

(A) Upon proper application, the department shall issue a permit for surface water withdrawals to nonconsumptive users. The application only must require that information necessary for the department to determine that the proposed withdrawals will result in no or minimal changes …

(A)(1) A new surface water withdrawer that owns and operates a licensed impoundment that utilizes water withdrawn from its licensed impoundment and the withdrawals are subject to review and approval of applicable state and federal laws and regulations, including its impoundment l…

(A) Each permitted or registered surface water withdrawer must file a report with the department of the quantity of water withdrawn by that surface water withdrawer annually before February first, on forms furnished by the department. (B) The quantity of surface water withdrawn m…

(A) A registered surface water withdrawer is not prohibited from applying for a surface water withdrawal permit. The permit application must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is ap…

The use of surface water on nonriparian land authorized pursuant to this chapter is lawful and is entitled to equal consideration with uses on riparian land in any administrative or judicial proceeding relating to the allocation, withdrawal, or use of water or to the modification…

(A) After the effective date of regulations promulgated by the department pursuant to this chapter, a new surface water withdrawer must obtain a surface water withdrawal permit from the department before making surface water withdrawal. A permitted surface water withdrawer that w…

(A) An application for a surface water withdrawal permit must contain the following information: (1) the name and address of the applicant; (2) the location of the applicant's intake facilities; (3) the place and nature of the proposed use of the surface water withdrawn; (4) the …

(A) The department must hold a public hearing concerning new surface water withdrawal permit applications for interbasin transfers. The hearing must be held at an appropriate time and in an appropriate location near the withdrawal point of the interbasin transfer. The hearing may…