11711 E Jordan Trl, Dewey-humboldt

"a person who proposes to offer subdivided lands ... for sale or lease in an active management area shall apply for and obtain a certificate of assured water supply from the director before presenting the plat for approval ... unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply pursuant to this section."

"'assured water supply' means all of the following: 1. Sufficient groundwater, surface water or effluent of adequate quality will be continuously available to satisfy the water needs of the proposed use for at least one hundred years. ... 2. The projected groundwater use is consistent with the management plan and achievement of the management goal for the active management area. 3. The financial capability has been demonstrated to construct the water facilities"

"In areas outside of active management areas ... the developer of a proposed subdivision including dry lot subdivisions, regardless of subdivided lot size, prior to recordation of the plat, shall submit plans for the water supply for the subdivision and demonstrate the adequacy of the water supply to meet the needs projected by the developer to the director."

"If the director of water resources has determined that there is an inadequate water supply for the subdivision pursuant to section 45-108, the board … shall note this on the face of the plat if the plat is approved."

"A Designation of Assured Water Supply is issued to a water provider for its service area located within an AMA. A Certificate of Assured Water Supply is issued to landowners for a subdivision located within an AMA. If your subdivision will be served by a water provider that is designated as having an assured water supply, you will not need a Certificate of Assured Water Supply."

"In order for a new development to make use of a water provider's designation, there must exist a written commitment of service from the water provider."

"In areas outside of active management areas, a person may: 1. Withdraw and use groundwater for reasonable and beneficial use, except as provided in article 8.1 of this chapter. 2. Transport groundwater pursuant to articles 8 and 8.1 of this chapter. 3. Use groundwater for irrigation purposes within the exterior boundaries of an irrigation non-expansion area only pursuant to article 3 of this chapter."

"a person may not withdraw groundwater from a nonexempt well in an active management area unless the person obtains a groundwater withdrawal permit from the director pursuant to this article"

"a city, town or private water company shall have the right to withdraw and transport groundwater within its service area for the benefit of landowners and residents within its service area, and the landowners and residents are entitled to use the groundwater delivered"

general industrial use permit only "from a point outside of the exterior boundaries of the service area of a city, town or private water company for a general industrial use outside" it, and only if "(3) Irrigation grandfathered rights appurtenant to acres of land in reasonable proximity ... are not available for purchase at a reasonable price", "(4) ... if located within three miles of the exterior boundaries of the service area ... has been denied service", and "(6) There is an assured water supply for the intended use"

"a person or entity may withdraw more than one hundred acre-feet of groundwater per year for commercial or industrial purposes other than irrigation or residential use only if the groundwater is withdrawn" from land eligible to be irrigated under 45-437(B)

"If you are outside an AMA, there are no restrictions on the number of wells you may construct as long as the water is put to reasonable and beneficial use."

"A water system shall be provided as a condition of approval for any subdivision containing lots or parcels less than two (2) acres."

a general adjudication is "an action for the judicial determination or establishment of the extent and priority of the rights of all persons to use water in any river system and source."

"a separate SOC will be needed for each type of water use", and "a statement of claimant must be assigned whenever there is a change in ownership of the land."

"The owner of a well located in the designated subflow zone may rebut … by a preponderance of the evidence, that the well is pumping groundwater."

"In an area not subject to active management, a person may not drill or cause to be drilled any well or deepen an existing well without first filing notice of intention to drill"

"If any water from a proposed well will be used for domestic purposes ... on a parcel of land of five or fewer acres, the applicant shall submit a well site plan", which must "Show the proposed well location and the location of any septic tank or sewer system that is either located on the property or within one hundred feet of the proposed well site" and "Show written approval by the county health authority"

"A person who drills or modifies an exempt well on land owned by that person shall first obtain a single well license from the department."

a person entitled to withdraw "may construct a new well or a replacement well in a new location if the location of the new well ... complies with the rules adopted by the director ... and if the person has applied for and received a permit"

"'Domestic purposes' means uses related to the supply, service and activities of households and private residences and includes the application of water to less than two acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry"

"The person to whom a well is registered shall notify the director of a change in ownership of the well". "Within thirty days after a change of ownership of real property, the new owner shall notify the director in writing of the existence of any open well or wells on the property which the new owner has discovered."

"the Department cannot guarantee that the parcel does not have a well ... The best way to tell if a parcel has a well is to physically inspect the property."

"In areas outside of active management areas, a person may: 1. Withdraw and use groundwater for reasonable and beneficial use, except as provided in article 8.1 of this chapter."

"3. Use groundwater for irrigation purposes within the exterior boundaries of an irrigation non-expansion area only pursuant to article 3 of this chapter."

"all persons who before March 17, 1995 were using and claiming the right to withdraw or divert and make beneficial use of public waters of the state based on state law shall file ... a statement of claim for each water right asserted, on a prescribed form."

"A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director."

"Withdrawals of groundwater for non-irrigation uses from wells having a pump with a maximum capacity of not more than thirty-five gallons per minute drilled on or after April 28, 1983 ... are exempt from this chapter, except that: 1. Such wells are subject to subsections G through K of this section. 2. In an active management area ... withdrawals ... for non-irrigation uses other than domestic purposes and stock watering shall not exceed ten acre-feet per year."

"On or after January 1, 2006, an exempt well otherwise allowed by this section may not be drilled on land if any part of the land is within one hundred feet of the operating water distribution system of a municipal provider with an assured water supply designation within the boundaries of an active management area established on or before July 1, 1994, as shown on a digitized service area map provided to the director by the municipal provider"

"In an active management area only one exempt well may be drilled or used to serve the same non-irrigation use at the same location"

"A person who owns land from which exempt withdrawals were being made as of the date of the designation of the active management area is not eligible for a certificate of grandfathered right for a type 2 non-irrigation use for such withdrawals."

"'Irrigate' means to apply water to two or more acres of land to produce plants or parts of plants for sale or human consumption, or for use as feed for livestock, range livestock or poultry"

"only acres of land which were legally irrigated at any time from January 1, 1975 through January 1, 1980, which are capable of being irrigated, which have not been retired from irrigation for a non-irrigation use pursuant to section 45-463 or 45-469 and for which the irrigation grandfathered right has not been conveyed for a non-irrigation use, may be irrigated with any groundwater, effluent, diffused water on the surface or surface water"

a noncompliant split "shall still be approved" if the applicant acknowledges "that a building or use permit will not be issued" until it complies

counties may adopt staff review "of land divisions of five or fewer lots ... any of which is ten acres or smaller in size. The county may not deny approval of any land division that meets the requirements of this section."

approval may "Identify topographic, hydrologic or other site constraints ... but there shall be no requirement for independent studies."

"It is unlawful for a person or group of persons acting in concert to attempt to avoid this article by acting in concert to divide a parcel of land or sell subdivision lots by using a series of owners or conveyances or by any other method that ultimately results in the division of the lands into a subdivision ... The plan or offering is subject to this article. ... A familial relationship alone is not sufficient to constitute unlawful acting in concert."

"A person who claims the rights to withdraw or receive and use groundwater in a subsequent active management area pursuant to a grandfathered right but who fails to file an application for a certificate of grandfathered right as provided in this article is deemed to waive and relinquish any right"

"The deadline to apply for grandfathered water rights in the Ranegras Plain AMA is May 4th, 2027."

"the prohibition on irrigation of new acres within the basin (with certain limited exceptions) remains in effect permanently."

"In an active management area, a person who was legally withdrawing and using groundwater as of the date of the designation of the active management area or who owns land legally entitled to be irrigated with groundwater as determined pursuant to this article has the right to withdraw or receive and use groundwater as determined by the director". "There are three categories of grandfathered rights"

the owner of an irrigation or Type 1 right is "the owner of the land to which the right is appurtenant"; of a Type 2 right, "the holder of the certificate"

"Claims of landowners to irrigation grandfathered rights or type 1 or 2 non-irrigation grandfathered rights shall be subject to article 5"

the subflow zone is "the saturated floodplain Holocene alluvium"; "All wells located within the lateral limits of the subflow zone … are subject to the adjudication"

"the well-spacing rules do not apply to the construction or use of the following types of wells: (1) wells drilled outside of AMAs, except certain recovery wells and certain wells used to withdraw groundwater for transportation away from a groundwater basin; (2) exempt wells within AMAs"

"a person who withdraws groundwater from a nonexempt well in an active management area or an irrigation non-expansion area, a person who withdraws water from a non-exempt well in the Santa Cruz active management area ... shall use a water measuring device approved by the director."

"A person who holds a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit in the amount of ten or fewer acre-feet per year is not required to use a water measuring device ..." and "a person, other than an irrigation district, who withdraws groundwater from a non-exempt well for use pursuant to an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is not required to use a water measuring device ..."

"an annual report shall be filed with the director by each person who: 1. Owns or leases a right under this chapter to withdraw, receive or use groundwater in an active management area ..."

"A person who owns or leases an irrigation grandfathered right that is appurtenant to ten or fewer irrigation acres is exempt from the record keeping and reporting requirements of this section for the irrigation grandfathered right unless ..."

the plans "shall include a continuing mandatory conservation program for all persons withdrawing, distributing or receiving groundwater designed to achieve reductions in withdrawals of groundwater."

"A water right may be severed from the land to which it is appurtenant or from the site of its use ... and with the consent and approval of the owner of such right may be transferred for use for irrigation of agricultural lands or for municipal, stock watering, power and mining purposes ... without losing priority theretofore established"

"The owner of an irrigation grandfathered right may convey the right only with the land to which the right is appurtenant."

"The owner of a type 1 non-irrigation grandfathered right may convey the right only for a non-irrigation use and only with the land to which it is appurtenant."

"in areas outside of active management areas: 1. Groundwater may be transported: (a) Within a subbasin of a groundwater basin or within a groundwater basin, if there are no subbasins, without payment of damages. (b) Between subbasins of a groundwater basin, subject to payment of damages. 2. Groundwater shall not be transported away from a groundwater basin."