US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 39
                      WASTE DISPOSAL AND INJECTION WELLS
    42-3908.  PERMIT APPROVING CONSTRUCTION AND USE -- CONDITIONS -- REJECTION
OF APPLICATION. If the director of the department of water resources
determines the use of the proposed or existing injection well will not affect
the rights of others to use water for beneficial purposes shall issue a permit
approving the construction, modification or continued operation of such well.
Such permit shall contain conditions, if any, determined to be necessary to
protect the public interest in the ground water resource including, but not
limited to, the method and manner of operation of the injection well, the
period during which the injection well may be operated, a date when such
permit shall expire, and periodic reports to the department of water resources
of the quality and quantity of the fluids injected. No waste disposal and
injection well or shallow injection well, as may be required by rules and
regulations adopted under this chapter, shall be used unless a valid permit is
in effect in accordance with this chapter.
    If the director of the department of water resources determines the use of
the proposed or existing injection well will interfere or is interfering with
the right of the public to withdraw water for beneficial uses, and the
director finds there are no overriding needs existing to justify the use of
the injection well, the director may reject the application and forward notice
of such rejection to the owner or operator by certified mail.