(a) The commissioner shall issue a permit if the commissioner finds that
(1) rights of a prior appropriator will not be unduly affected;
(2) the proposed means of diversion or construction are adequate;
(3) the proposed use of water is beneficial; and
(4) the proposed appropriation is in the public interest.
(b) In determining the public interest, the commissioner shall consider
(1) the benefit to the applicant resulting from the proposed appropriation;
(2) the effect of the economic activity resulting from the proposed appropriation;
(3) the effect on fish and game resources and on public recreational opportunities;
(4) the effect on public health;
(5) the effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation;
(6) harm to other persons resulting from the proposed appropriation;
(7) the intent and ability of the applicant to complete the appropriation; and
(8) the effect upon access to navigable or public water.
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