73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.
The state engineer:
(1) shall issue a recharge permit if: the applicant has: the technical and financial capability to construct and operate the recharge project; and a valid water right for the use of the water proposed to be artificially recharged; or 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 the project: is hydrologically feasible; will not cause unreasonable harm to land; will not impair any existing water right within the area of hydrologic impact; and 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.