§ 73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.

The state engineer: (1) shall issue a recharge permit if: (a) the applicant has: (i) the technical and financial capability to construct and operate the recharge project; and (ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and (b) the project: (i) is hydrologically feasible; (ii) will not cause unreasonable harm to land; (iii) will not impair any existing water right within the area of hydrologic impact; and (iv) will not adversely affect the water quality of the aquifer; (2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and (3) may attach to the permit any condition the state engineer determines is appropriate.