45-576.05. Alternative method for determining consistency with the management goal in a groundwater replenishment district; terminating designation

A. If at any time after January 1 of the calendar year following the year in which a groundwater replenishment district is required to submit its preliminary plan under section 45-576.02, subsection A, paragraph 1 the director determines that one or more of the conditions prescribed in section 45-576.01, subsection A, paragraphs 2 and 3 are not met and for as long as the condition or conditions are not met, the director shall consider only the groundwater replenishment district member's projected supplies of surface water, effluent or groundwater withdrawn outside the active management area in which the district member is located and the amount in a long-term storage account established pursuant to section 45-852.01 in making a determination of whether the district member's projected water use is consistent with the management goal of the active management area under section 45-576.

B. If a groundwater replenishment district member is a municipal provider that was designated as having an assured water supply, and the director determines that one or more of the conditions prescribed by section 45-576.01, subsection A, paragraphs 2 and 3 are no longer met, and until the director again determines that all of those conditions are met, the designation terminates unless the district member reapplies for and the director grants a redesignation pursuant to this subsection. In considering whether to redesignate the district member, the director shall only consider the following in determining whether the district member's projected water use is consistent with the management goal of the active management area pursuant to section 45-576:

1. The district member's projected supplies of:

(a) Surface water.

(b) Effluent.

(c) Groundwater withdrawn outside the active management area in which the district member is located.

2. The district member's projected supply of groundwater withdrawn in the active management area in which the district member is located up to an amount equal to one hundred times the largest amount of groundwater withdrawn in the active management area by the district member for its customers' use in any calendar year in the five calendar years immediately preceding the year in which the director determines that one of the conditions prescribed by section 45-576, subsection A, paragraphs 2 and 3 is no longer met.

3. The amount in a district member's long-term storage account established pursuant to chapter 3.1 of this title.