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Show 728 GROUND WATER RIGHTS IN SELECTED STATES The Board's objective in granting permits is the most beneficial use of the State's ground water resources. Prerequisites for permits are: (1) water avail- ability; (2) beneficial use;265 (3) the most beneficial use and development of water resources will not be impaired; and (4) granting the permit will not substantially and materially interfere with preserved uses, or with previous domestic or permitted uses, except as provided in the act. Any person ad- versely affected by the grant or denial of a permit may request a hearing before the Board.266 The Board may establish classes of permits and exempt for specific periods minimal quantities of water or types of uses or users in specified areas from permit requirements when it finds that this is not an unreasonable impediment to beneficial use of the State's ground water resources.267 The permit is issued for a specified period not exceeding 50 years, deter- mined by the Board, depending on the kind of water use.268 Each permit is issued by the Board subject to the following conditions: (1) The use of water must be for the beneficial purpose described in the permit. (2) The use must not interfere substantially with preserved uses, nor previous domestic or per- mitted uses.269 (3) The use is subject to the Board's water shortage and emergency powers. (4) The permit may be suspended or revoked. (5) Other conditions established by the Board's rules or regulations.270 Unless a specific exemption is authorized, each permit shall provide that at any time, or at a specified time after issuance of the permit, the holder may be required, on receipt of reasonable compensation, to relinquish his permit to the Board if it is determined that (1) there are one or more applicants for permits to make water uses which would be more beneficial, or would be as beneficial and would provide a more complete utilization of the available water than the permit holder is making; (2) additional permits to make such uses cannot be for good cause, and shall be deemed granted unless the Board acts within 90 days after application. Id. § 177-20. 265 Beneficial use "means use of water, including the method of diversion, storage, trans- portation, and application, that is reasonable and consistent with the public interest in the proper utilization of water resources, including, but not limited to, domestic, municipal, military, agricultural, and industrial uses."/d. § 177-2(1). 266Id. § 177-22. Permits may be granted without regard to whether, under the State law operative prior to date of designation of a designated area, use under the permit could have been maintained only in connection with specific lands or otherwise. Id. 261Id. § 177-23. 26*Id. § 177-24. 269 Where a permit application is made and sufficient water is available, but the permit use would interfere substantially with an existing domestic use, the ground water supply, water diversion facilities of a preserved use, or use under an existing permit, then a permit may be issued subject to the condition that the permit holder furnish to the injured person enough water of comparable quality to equal that lost because of the interference. Id. § 177-26. 710Id. § 177-25. |
