A. Once the Board has set a tentative maximum annual yield for the groundwater basin or subbasin, the Board shall call and hold hearings at centrally located places within the area of the major groundwater basin or subbasin or in the county for minor groundwater basins or subbasins. Prior to such hearings being held, the Board shall make copies of such hydrologic survey available for inspection and examination by all interested persons and, at such hearings, shall present evidence of the geological findings and determinations upon which the tentative maximum annual yield has been based. Any interested party shall have the right to present evidence in support or opposition thereto. The hearings shall be conducted pursuant to Article II of the Administrative Procedures Act.

B. Notice of such hearings shall be published in a newspaper of general circulation in each county having lands that overlie the basin or subbasin. The notice shall be published at least once per week for two (2) consecutive weeks and the last publication shall be at least thirty (30) days prior to the date of the hearing. Notice and hearing on the tentative determination of the maximum annual yield for minor groundwater basins or subbasins may be consolidated.

C. After such hearings are completed, the Board shall then proceed to make its final determination as to the maximum annual yield of groundwater which shall be allocated by regular permit to each acre of land overlying such basin or subbasin by issuing a final order containing findings of fact and conclusions of law, which order shall be subject to judicial review pursuant to Article II of the Administrative Procedures Act. As prescribed in a final order setting forth the maximum annual yield, or any amendment thereto, the Board may prescribe delayed or gradual implementation of equal proportionate share allocations if current total allocated amount of groundwater from the aquifer is twenty-five percent (25%) or less of the maximum annual yield. Such delayed or gradual implementation of equal proportionate share allocations may be authorized only if such implementation would not cause interference or violation of limits applicable to use of waters from a sensitive sole source aquifer, or allow the use of groundwater in excess of twenty-five percent (25%) of the maximum annual yield. Such delayed or gradual implementation of equal proportionate share allocations shall not affect any regular permit and shall be effectuated by issuance of appropriate temporary permits, in accord with parameters specified by the Board in accord with this act.

D. The Board may, in subsequent basin or subbasin hearings, and after additional hydrologic surveys, increase the amount of water allocated but shall not decrease the amount of water allocated by regular permit issued prior to the completion of the additional hydrologic surveys.

Added by Laws 1972, c. 248, § 6, eff. July 1, 1973. Amended by Laws 1988, c. 203, § 7, emerg. eff. June 10, 1988; Laws 1993, c. 164, § 11, emerg. eff. May 10, 1993; Laws 2018, c. 203, § 2, eff. Nov. 1, 2018.