85-2-150. Chronically dewatered watercourse -- identification. (1) Using the factors in subsection (2) as guidelines, the department, in consultation with other agencies and groups, shall identify chronically dewatered watercourses or portions of watercourses.

(2) The factors the department shall consider when identifying chronically dewatered watercourses or portions of watercourses include but are not limited to the:

(a) extent, duration, and frequency of the dewatering;

(b) impact of the dewatering on fish, wildlife, or other natural resources;

(c) particular species of fish and wildlife impacted;

(d) impact of dewatering on other off-stream uses, including but not limited to agricultural, industrial, municipal, and recreational uses;

(e) probable cause of the dewatering;

(f) existence of temporary or final decrees;

(g) history, if any, of conflict among water rights holders on the watercourse;

(h) practicality and reasonableness of installing measuring devices on diversions along the watercourse; and

(i) likelihood that the installation of measuring devices will significantly help to:

(i) solve the chronically dewatered condition of the watercourse; or

(ii) resolve conflicts among water rights holders on the watercourse.