46-226.02. Application; director; approval; conditions.
(1) The director may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions:
(a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the application is filed;
(b) If the water stored or to be stored underground will be used for irrigation purposes, the director may approve the service of additional amounts of land or different lands not identified to be served with facilities included under the original appropriation, if the director determines that the change is in the public interest, and that any interference with the rights of senior appropriators as a result of such change is unavoidable and not material;
(c) The priority date shall remain the same as that of the original appropriation; and
(d) When the application is for recognition of incidental underground water storage, such stored water is being withdrawn or is otherwise being used for beneficial purposes.
(2) For an application filed pursuant to section 46-226.01, the burden shall be on the applicant to prove that underground water storage has occurred.
(3) The director may grant the application in a modified or reduced form, if required by the public interest, and may impose such other reasonable conditions as deemed appropriate to protect the public interest.
(4) The director's order of approval shall specify:
(a) The source of the water stored or to be stored underground;
(b) The underground water storage method; and
(c) A description of the area served or to be served by the water stored underground.
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