85-2-362. Aquifer recharge or mitigation plans in closed basins -- minimum requirements. (1) An applicant whose hydrogeologic assessment conducted pursuant to 85-2-361 predicts that there will be a net depletion of surface water shall offset the net depletion that results in the adverse effect through a mitigation plan or an aquifer recharge plan.
     (2) A mitigation plan must include:
     (a) where and how the water in the plan will be put to beneficial use;
     (b) when and where, generally, water reallocated through exchange or substitution will be required;
     (c) the amount of water reallocated through exchange or substitution that is required;
     (d) how the proposed project or beneficial use for which the mitigation plan is required will be operated;
     (e) evidence that an application for a change in appropriation right, if necessary, has been submitted;
     (f) evidence of water availability; and
     (g) evidence of how the mitigation plan will offset the required amount of net depletion of surface water in a manner that will offset an adverse effect on a prior appropriator.
     (3) An aquifer recharge plan must include:
     (a) evidence that the appropriate water quality related permits have been granted pursuant to Title 75, chapter 5, and pursuant to 75-5-410 and 85-2-364;
     (b) where and how the water in the plan will be put to beneficial use;
     (c) when and where, generally, water reallocated through exchange or substitution will be required;
     (d) the amount of water reallocated through exchange or substitution that is required;
     (e) how the proposed project or beneficial use for which the aquifer recharge plan is required will be operated;
     (f) evidence that an application for a change in appropriation right, if necessary, has been submitted;
     (g) a description of the process by which water will be reintroduced to the aquifer;
     (h) evidence of water availability; and
     (i) evidence of how the aquifer recharge plan will offset the required amount of net depletion of surface water in a manner that will offset any adverse effect on a prior appropriator.
     (4) The department may not require an applicant, through a mitigation plan or an aquifer recharge plan, to provide more water than the quantity needed to offset the adverse effects on a prior appropriator caused by the net depletion.
     (5) An appropriation right that relies on a mitigation plan or aquifer recharge plan to offset net depletion of surface water that results in an adverse effect on a prior appropriator must be issued as a conditional permit that requires that the mitigation plan or aquifer recharge plan must be exercised when the appropriation right is exercised.

     History: En. Sec. 16, Ch. 391, L. 2007.