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Show 660 GROUND WATER RIGHTS order designating the area.260 Once an area has been established, no one may construct an irrigation well within the area unless he has applied for and obtained a permit to do so from the department.261 However, no one need obtain a permit if his well was substantially completed at the time the area was designated.262 The Court of Appeals has held that a property owner may begin construction following a notice that his land will be included in such an area and still qualify for an exemption for a permit.263 Permits must also be obtained for relocating,264 replacing, or deepening existing wells.265 Hawaii The Board of Land and Natural Resources may designate ground water areas after a public hearing and after finding that within the area one of the following conditions exist: (1) the use of ground water exceeds the rate of recharge; (2) ground water levels are declining or have declined excessively; (3) chloride content is increasing to a level that materially reduces the value of the water; (4) excessive preventable waste of water is occurring; and (5) any proposed developments for the use of water would lead to one of the above.266 Uses existing at the time the area is designated are protected by the act. These uses include withdrawals actually being made within 5 years of the time of the designation, withdrawals being made at the effective date thereof, and those to be made in conjunction with facilities under con- struction on such date.267 After the designation of an area, withdrawals can be initiated only upon receipt of a permit by the board.268 Permits are granted on the basis of the most beneficial use of water269 and are issued for a definite term not exceeding 50 years.270 Permits are conditional; and the holder thereof may be required to relinquish it upon receipt of reasonable compensation, if there are applications for more beneficial use of the water and his water is necessary to fill them.271 Provisions are included for water shortages and emergencies.272 260 Ariz. Rev. Stat. Ann. § § 45-309 and -310 (1956). 261 Ariz. Rev. Stat. Ann. § § 45-313 and -314 (Supp. 1969). 262Id. § 45-313(C). 263Lessen v. Harpham, 2 Ariz. App. 478, 410 Pac. (2d) 100 (1966). 264 Ariz. Rev. Stat. Ann. § 45-315 (1956). 26SId. § 45-316. 266 Haw. Rev. Stat. § 177-5(5) (1968). 261 Id. §§ 177-15 and-16. 268Id. § 177-19. 269Id. § 177-22. 210Id. § 177-24. 271 Id. § 177-27. 272Id. §§ 177-2,-33 and-34. |