45-465.03. Right to use groundwater for domestic and stockwatering purposes incidental to irrigation grandfathered right; definitions

A. In an initial active management area, a person who holds a certificate of irrigation grandfathered right has the right to withdraw annually up to ten acre-feet of groundwater for domestic purposes or stockwatering from a well or wells the holder is using to withdraw groundwater for irrigation use on the certificated acres and use the groundwater pursuant to subsections B and C of this section if both of the following apply:

1. As of June 12, 1980 groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering.

2. No certificate of type 2 non-irrigation grandfathered right has been issued by the director based in whole or in part on the withdrawals for domestic purposes or stockwatering.

B. Groundwater withdrawn pursuant to this section may be used only:

1. On the same land on which groundwater withdrawn from the well or wells was being used for domestic purposes or stockwatering as of June 12, 1980.

2. For the same purpose for which groundwater withdrawn from the well or wells was being used as of June 12, 1980.

C. If groundwater withdrawn pursuant to this section is used for domestic purposes and stockwatering, the aggregate quantity of groundwater withdrawn for those purposes shall not exceed ten acre-feet per year.

D. For purposes of this section, a replacement well in the same location or a replacement well in a new location shall be considered to be the same well as the well being used as of June 12, 1980.

E. If the withdrawals for domestic purposes or stockwatering are separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals are exempt from the conservation requirements for non-irrigation uses established in the management plans adopted pursuant to article 9 of this chapter.

F. If the withdrawals for domestic purposes or stockwatering are not separately measured with a water measuring device approved by the director pursuant to section 45-604, the withdrawals shall be deemed to be withdrawals for irrigation use on the certificated acres for purposes of determining debits and credits to the flexibility account established pursuant to section 45-467 and for purposes of reporting the use to which the groundwater was applied in the annual reports required by section 45-632.

G. The right to withdraw and use groundwater pursuant to this section is an incident of an irrigation grandfathered right and may be leased or conveyed with the irrigation grandfathered right.

H. If an irrigation grandfathered right is retired or conveyed for a non-irrigation use, the right to withdraw and use groundwater pursuant to this section is extinguished.

I. For purposes of this section:

1. " Certificated acres" means the acres described on the certificate of irrigation grandfathered right.

2. " Domestic purposes" means uses related to the supply, service and activities of households and private residences. Domestic purposes does not include the application of water to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry, as such terms are defined in section 3-1201.

3. " Stockwatering" means watering livestock, range livestock or poultry, as such terms are defined in section 3-1201.