Section 202 - Issuance of recharge permit -- Criteria -- Conditions.

UT Code § 73-3b-202 (2019) (N/A)
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(1) shall issue a recharge permit if: (a) the applicant has: (i) the technical and financial capability to construct and operate the recharge project; and (ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and (b) the project: (i) is hydrologically feasible; (ii) will not cause unreasonable harm to land; (iii) will not impair any existing water right within the area of hydrologic impact; and (iv) will not adversely affect the water quality of the aquifer;

(a) the applicant has: (i) the technical and financial capability to construct and operate the recharge project; and (ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and

(i) the technical and financial capability to construct and operate the recharge project; and

(ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and

(A) a valid water right for the use of the water proposed to be artificially recharged; or

(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and

(b) the project: (i) is hydrologically feasible; (ii) will not cause unreasonable harm to land; (iii) will not impair any existing water right within the area of hydrologic impact; and (iv) will not adversely affect the water quality of the aquifer;

(i) is hydrologically feasible;

(ii) will not cause unreasonable harm to land;

(iii) will not impair any existing water right within the area of hydrologic impact; and

(iv) will not adversely affect the water quality of the aquifer;

(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and

(3) may attach to the permit any condition the state engineer determines is appropriate.