• § 12-5-90 - Short Title
  This part shall be known and may be cited as the "Ground-water Use Act of 1972."
• § 12-5-91 - Declaration of Policy
  The general welfare and public interest require that the water resources of the state be put to beneficial use to the fullest extent to...
• § 12-5-92 - Definitions
  As used in this part, the term: (1) "Aquifer" means a geologic formation, group of such formations, or a part of such a formation...
• § 12-5-93 - Power of Director to Employ Personnel
  The director is authorized to employ, on a full-time or part-time basis, such professional personnel and clerical or other employees as may be necessary...
• § 12-5-94 - Adoption of Rules and Regulations by Board of Natural Resources
  The Board of Natural Resources may adopt and modify from time to time rules and regulations to implement this part.
• § 12-5-95 - Proposed Regulations Regarding Ground-Water Use; Hearings; Adoption and Modification of Regulations; Contesting Validity of Regulations
  (a) The Board of Natural Resources shall prepare proposed regulations to be applied, containing such of the following provisions as the board finds appropriate...
• § 12-5-96 - Regulated Reasonable Use of Ground Water for General Use; Permits to Withdraw, Obtain, or Utilize; Coordination With Water Plans; Appeal Procedures
  (a) (1) No person shall withdraw, obtain, or utilize ground waters in excess of 100,000 gallons per day for any purpose unless such person...
• § 12-5-97 - Duration of Permits; Renewal; Transfer; Certified Statements by Holders; Monitoring Water Use; Granting Permit to Person Withdrawing Ground Water Prior to July 1, 1973; Prior Investments in Land and Nature of Plans for Water Use; Continued Withdrawal Pending Decision on Permit
  (a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, permits under Code Section 12-5-96 may be granted for any period...
• § 12-5-98 - Investigations; Entry; Protection of Confidential Information or Trade Secrets; Refusing Entry or Access to and Interference With Authorized Representatives of Division
  (a) The division shall have the right to conduct such investigations as may reasonably be necessary to carry out its duties prescribed in this...
• § 12-5-99 - Order by Director After Failure of Conference, Conciliation, or Persuasion; Hearings; Appeal
  (a) Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation of the...
• § 12-5-100 - Judgment in Accordance With Director's Order
  The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation,...
• § 12-5-101 - Injunctive Relief
  Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes...
• § 12-5-102 - Emergency Orders; Restrictions; Hearing; Appeal; Use by Certain Entities
  (a) After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health...
• § 12-5-103 - Representation of Department by Attorney General
  It shall be the duty of the Attorney General to represent the department and its agents or designate some member of his staff to...
• § 12-5-104 - Effect of Part on Other Laws
  Nothing contained in this part shall change or modify existing common or statutory law with respect to the rights of the use of surface...
• § 12-5-105 - Regulated Reasonable Use of Ground Water for Farm Use; Permits to Withdraw, Obtain, or Utilize; Metering; Related Procedures
  (a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for...
• § 12-5-106 - Civil Penalties; Procedure for Imposing Penalties; Hearing; Judicial Review
  (a) Any person violating this part or intentionally or negligently failing or refusing to comply with any final order of the director issued as...
• § 12-5-107 - Criminal Penalty
  Any person violating any of the provisions of this part shall be guilty of a misdemeanor.

Last modified: October 14, 2016