45-702. Certificate of groundwater oversupply

A. A district member may apply to the director for a certificate of groundwater oversupply for all or part of the groundwater that the district member has a legal right to withdraw.

B. The director may issue a certificate of groundwater oversupply for all or part of the groundwater that the district member has a legal right to withdraw if the director determines that both of the following apply:

1. The groundwater is located in an area of localized excess groundwater in the district.

2. There is a substantial probability that if the district member does not withdraw the groundwater either of the following could occur in the active management area in which the district is located:

(a) The groundwater would be discharged from the district without being used and would not contribute hydrologically to achieving safe-yield.

(b) The groundwater would contribute to a waterlogging or groundwater drainage problem.

C. The director may issue a certificate of groundwater oversupply for a period of not more than ten years. On request of a certificate holder the director may renew the certificate if the director determines that the requirements of subsection B continue to apply.

D. A certificate of groundwater oversupply shall include the following information:

1. The name and mailing address of the district member to whom the certificate is issued.

2. The name of the active management area in which the groundwater will be withdrawn.

3. A description of the district member's right under articles 4 through 7 of this chapter to withdraw the groundwater designated as groundwater oversupply.

4. The locations and well registration numbers of the wells from which the designated groundwater will be withdrawn.

5. The duration of the certificate.

6. Any other information as determined by the director.