TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 39

INJECTION WELLS

42-3908.  Permit approving construction and use — Conditions — Rejection of application. (1) 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, the director 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 deep 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.

(2)  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.

History:

[42-3908, added 1971, ch. 301, sec. 8, p. 1235; am. 1974, ch. 20, sec. 43, p. 533; am. 1984, ch. 155, sec. 9, p. 376; am. 2011, ch. 110, sec. 6, p. 290; am. 2013, ch. 43, sec. 1, p. 90; am. 2024, ch. 20, sec. 4, p. 163.]