Sec 45-519. Drainage water withdrawal permit; conditions for issuance

A. A person may apply for and the director may issue a drainage water withdrawal permit if the director determines that drainage of irrigated lands is necessary for a reasonable economic return from agricultural production in respect to those lands and the withdrawal of such groundwater is consistent with the management plan and achievement of the management goal for the active management area.

B. The holder of a permit issued under subsection A of this section may:

1. Use groundwater withdrawn pursuant to the permit for a non-irrigation use if the person holds a non-irrigation grandfathered right pursuant to article 5 of this chapter, a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.

2. Convey groundwater withdrawn pursuant to the permit to another person for a non-irrigation use if the person receiving the groundwater holds a non-irrigation grandfathered right pursuant to article 5 of this chapter, a general industrial use permit pursuant to section 45-515 or a service area right pursuant to article 6 of this chapter.

C. When determining compliance with the applicable conservation requirements established pursuant to sections 45-565, 45-565.01, 45-566 and 45-566.01, the director shall account for groundwater withdrawn pursuant to a permit issued pursuant to subsection A of this section as surface water if the groundwater is withdrawn from within the boundaries of the exempted area prescribed by section 45-411.01, subsection E and is used pursuant to subsection B of this section at a turf related facility or riparian habitat within the exempted area. The director shall cease accounting for the groundwater as surface water upon expiration of the exemptions provided for in section 45-411.01 or upon termination of the permit, whichever occurs first.

D. The director shall monitor withdrawals of groundwater pursuant to a drainage water withdrawal permit and shall terminate the permit if the conditions for issuance specified in subsection A of this section no longer apply. A permit issued pursuant to this section may be renewed subject to the same criteria used in granting the original permit.