45-519.01. Hydrologic testing permits; conditions for issuance
A. The director shall issue a permit to withdraw not more than three acre-feet of groundwater per year for the purpose of obtaining groundwater samples to test groundwater quality, if the testing is necessary to comply with applicable environmental controls. A hydrologic testing permit issued under this subsection may be issued for a period of up to ten years.
B. The director may issue a permit to withdraw groundwater for testing hydrologic characteristics and conditions, including groundwater quality, if the director determines that the testing is necessary. Except as provided in subsection D of this section:
1. The total amount of groundwater that may be withdrawn pursuant to a hydrologic testing permit issued under this subsection shall not exceed ten acre-feet.
2. The director shall not issue a hydrologic testing permit under this subsection for a period of more than ninety days.
C. Before issuing a hydrologic testing permit under subsection B of this section, the director may require the applicant to demonstrate that the groundwater withdrawn pursuant to the permit will be used beneficially by persons who would otherwise be permitted to use groundwater under this chapter, including the applicant to the extent the applicant could otherwise withdraw and use groundwater under this chapter.
D. The director may issue a hydrologic testing permit under subsection B of this section for more than ten acre-feet or for a period greater than ninety days, if the director determines that the testing circumstances justify an increase in the amount of groundwater that may be withdrawn or an increase in the duration of the permit and that withdrawals of groundwater pursuant to the permit will not unreasonably harm any person permitted to withdraw or use groundwater under this chapter.
E. The director may issue a permit to withdraw groundwater to test the hydrogeologic characteristics of a potential underground storage facility site under chapter 3.1 of this title, for a period of not more than two years, if the director determines that all of the following apply:
1. Testing is necessary.
2. The withdrawal and testing will not cause unreasonable harm to land or other water users.
3. The groundwater that is withdrawn pursuant to the permit will be added back to the same aquifer in approximately the same location from which the groundwater was withdrawn.
F. The director may issue a hydrologic testing permit without complying with section 45-523.
G. A permit issued under this section may be renewed subject to the same criteria used in granting the original permit.
H. Any withdrawals of groundwater authorized by this section shall be for hydrologic testing purposes only, shall not give rise to any other right to withdraw groundwater under this chapter and shall not be counted as groundwater that is subject to a conservation program in a management plan that is adopted pursuant to article 9 of this chapter.
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