45-1051. Notice of water exchange; contents forms; review by director

A. A person who seeks to engage in a water exchange that does not meet the requirements of section 45-1002, subsection A, paragraph 1, 2, 3, 4 or 6 shall file a notice of water exchange with the director. The notice shall include the following:

1. The names and mailing addresses of each participant in the water exchange.

2. A copy of the contract pursuant to which the water exchange will be conducted.

3. The name of any active management area or irrigation non-expansion area from which groundwater will be withdrawn pursuant to the notice of water exchange.

4. The point or points of withdrawal, including well registration number, of any groundwater or stored water to be exchanged pursuant to the notice of water exchange.

5. The legal descriptions of the lands on which the water will be used pursuant to the notice of water exchange.

6. The total annual amount of water that may be used pursuant to the notice of water exchange.

7. The duration of the water exchange contract.

8. The uses to which any exchanged water may be applied during the term of the water exchange contract.

9. Such other information as the director deems appropriate.

B. The notice of water exchange shall be filed with the director on a form prescribed by the director. Blank forms shall be furnished on request.

C. The director shall not accept a notice of water exchange that does not contain all of the information required by subsection A of this section. If the director determines that a notice of water exchange does not contain all of the required information, the director shall return it to the sender within sixty days specifying the deficiencies in the notice and provide the sender an opportunity to revise or supplement the notice. The director shall reject a revised or supplemented notice if, on resubmittal, it is still deficient.