45-476. Application for certificate of grandfathered right

A. Except as provided in section 45-476.01, a person claiming the right to withdraw or receive and use groundwater pursuant to a grandfathered right shall file an application for a certificate of grandfathered right with the department not later than fifteen months after the date of the designation of the active management area on a form provided by the department.

B. The application for a certificate of grandfathered right not based upon prior proceedings on a certificate of exemption shall include the following:

1. The name and mailing address of the applicant.

2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.

3. If the application is for a type 1 non-irrigation grandfathered right:

(a) The legal description and a map of the retired irrigated land in respect of which the right is claimed.

(b) The date when the irrigated land was retired.

(c) Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired and that a development plan for the proposed non-irrigation use existed at the time the land was retired.

(d) If in a subsequent active management area, the amount of groundwater used per acre for the retired irrigated land each year during the five years preceding the time the land was retired.

(e) Whether the well from which the water will be withdrawn is located in a groundwater replenishment district.

4. If the application is for a type 2 non-irrigation grandfathered right:

(a) The maximum amount of groundwater legally withdrawn from land owned by the applicant and used in any one year during the five years preceding the date of the designation of the active management area.

(b) If the person withdrawing groundwater from the land owned by the applicant has made an application for a type 1 non-irrigation grandfathered right, a copy of the application.

5. If the application is for an irrigation grandfathered right:

(a) The legal description and a map of all land owned by the applicant which was legally irrigated at any time during the five years preceding January 1, 1980 for initial active management areas or the date of the designation of the active management area for subsequent active management areas and the highest number of acres legally irrigated with groundwater at one time in any one year during the five-year period.

(b) The type of crops grown on such land and the cropping patterns used during the five-year period.

(c) The irrigation methods and devices currently being used in the irrigation of such land.

6. The location of each well from which groundwater is being or has been withdrawn by the applicant to irrigate such land.

7. The sworn statement that the information contained in the application is true and correct to the best knowledge and belief of the applicant.

8. Any other information the director may require.

C. A person or his successor claiming the right to use groundwater pursuant to a grandfathered right, described in whole or in part by a certificate of exemption, shall file an application for a certificate of grandfathered right as provided in subsection D of this section and shall automatically be entitled to a certificate or certificates of grandfathered right for the portion of the grandfathered right claimed which is evidenced by the certificate of exemption or established by the proceedings on the certificate of exemption. Notice of the application is not required and hearings shall not be held. If the applicant claims grandfathered rights in addition to the amount of use described in the certificate of exemption, application for such additional amount shall be made pursuant to subsection B of this section, and such application is subject to the notice, objection and hearing provisions applicable to applications made pursuant to that subsection.

D. The application for a certificate of grandfathered right based upon prior proceedings upon an application for a certificate of exemption shall include the following:

1. The name and mailing address of the applicant.

2. The name of the active management area within which the withdrawal of groundwater pursuant to the claimed grandfathered right is being or has been made.

3. The total amount of groundwater to be withdrawn annually under the certificate of exemption.

4. The number of retired irrigated acres described in the application for a certificate of exemption.

5. Such evidence as the director shall require that the retired irrigated land has been held under the same ownership since it was retired.

6. The number of the certificate of exemption and a copy of the certificate of exemption.

7. The sworn statement that the information contained in the application is true and correct to the best knowledge and belief of the applicant.

8. Any other information the director may require.