45-545. Damage rules applicable to all transportations of groundwater
A. In active management areas and in areas outside of active management areas, in any action to recover damages, neither injury to nor impairment of the water supply of any landowner shall be presumed from the fact of transportation.
B. In determining whether there has been injury and the extent of any injury, the court shall consider all acts of the person transporting groundwater toward the mitigation of injury including:
1. Retirement of land from irrigation.
2. Discontinuance of other preexisting uses of groundwater.
3. Water conservation techniques.
4. Procurement of additional sources of water which benefit the active management area, sub-basin or landowners within the active management area or sub-basin.
C. The court may award reasonable attorney fees, expert witness expenses and fees and court costs to the prevailing party.
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