45-814.01. Contents of storage facility permit

A. A storage facility project permit shall include the following information:

1. The name and mailing address of the person to whom the permit is issued.

2. The name of the active management area, irrigation non-expansion area, groundwater basin or groundwater sub-basin, as applicable, in which the facility will be located.

3. The design capacity of the facility and the plan of operation of the facility.

4. The maximum annual amount of water that may be stored at the facility.

5. Any monitoring required under subsection F of this section.

6. Any conditions consistent with this chapter.

7. The duration of the permit.

8. Any other information as determined by the director.

B. If the storage facility will be a groundwater savings facility, the permit shall include the following information in addition to the information required by subsection A of this section:

1. The plan by which the applicant will prove the quantity of groundwater saved at the storage facility each year.

2. The name of the recipient and the location and registration number of the well or wells from which groundwater withdrawals will be curtailed.

C. If the storage facility will be a managed underground storage facility and will be designated as a facility that could add value to a national park, national monument or state park, the permit shall include the following information in addition to the information required by subsection A of this section:

1. The quantified, minimum base flow and annual discharge to the stream that the applicant has agreed to maintain.

2. The annual quantity of water eligible for long-term storage credits for the facility and the annual quantity of water projected to be consumptively used by the enhancement of the national park, national monument or state park.

3. A description of the national park, national monument or state park that would benefit from the project.

D. The director may issue a storage facility permit for a period of not more than fifty years, except that on request of the holder of the permit the director may renew the permit if the director determines that the requirements of section 45-811.01, subsections C and D and section 45-812.01, subsection B apply, if those requirements applied at the time of issuance. In making this determination, the director shall not consider land uses and water uses in the area of impact of the water stored at the storage facility that were not in existence when the permit was issued.

E. The holder of a storage facility permit may apply to the director for approval to convey the permit to another person. The director may approve the conveyance if the director determines that the person to whom the permit is to be conveyed and the storage facility will continue to meet the applicable requirements of sections 45-811.01 and 45-812.01.

F. The director may require the holder of a storage facility permit to monitor the operation of the facility and the impact of water storage at the facility on land and other water users within the area of impact of water stored at the storage facility. In determining any monitoring requirements, the director of water resources shall cooperate with the department of environmental quality and, to the extent possible, shall coordinate monitoring requirements with those required by the department of environmental quality.

G. The director, on the director's initiative or on request of the holder of the storage facility permit, may modify the conditions of the storage facility permit. In determining whether modifications are necessary, the director shall not consider land uses and water uses in the area of impact of the water stored at the storage facility that were not in existence when the permit was issued.

H. Nothing in this article shall be construed as modifying or infringing on any existing water rights or private property rights nor shall anything in this article prevent any person or entity, whether governmental or private, from undertaking any flood control projects, including removal of vegetation within the channel of the stream or on the adjacent floodplain or diverting the permitted flow from the natural stream channel at the end of the permitted period.