Sec 45-440. Subsequent irrigation non-expansion area; limitation on use of groundwater

A. Except as provided in subsection B of this section, in a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter, a person or entity may withdraw more than one hundred acre-feet of groundwater per year for commercial or industrial purposes other than irrigation or residential use only if the groundwater is withdrawn as follows:

1. From land that is eligible to be irrigated pursuant to section 45-437, subsection B.

2. From a depth to one thousand feet at the site or sites of the proposed withdrawals.

3. At a rate that when added to the existing rate of withdrawals in the area does not cause the groundwater table at the site or sites of the withdrawals to decline more than ten feet per year.

4. In an amount per acre of land from which withdrawals are made that does not exceed:

(a) Six acre-feet in any year.

(b) Thirty acre-feet for any period of ten consecutive years computed in continuing progressive series beginning in the year that withdrawals begin.

B. In a subsequent irrigation non-expansion area from which groundwater may be withdrawn and transported to an initial active management area pursuant to article 8.1 of this chapter, an electrical generating facility for which an application for a certificate of environmental compatibility was filed with the corporation commission pursuant to title 40, chapter 2, article 6.2 before January 1, 2000 may withdraw groundwater for electrical generation and related uses in an amount not to exceed sixty-two thousand five hundred acre-feet per ten year period as determined using a ten year rolling average beginning on the date the facility first begins withdrawing groundwater.

C. This section shall not be construed to affect the rights of:

1. A political subdivision to transport groundwater withdrawn from an irrigation non-expansion area to an initial active management area pursuant to section 45-554.

2. Any person to store or recover water pursuant to chapter 3.1 of this title.