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<br />1. Land ownersh1p 1s not the bas1s upon wh1ch r1ghts to <br />nontr1butary groundwater are obta1ned. Any person may <br />app1y to the state eng1neer for a r1ght to nontr1butary <br />groundwater outs1de a currently des1gnated bas1n. A perm1t <br />w111 be granted or den1ed based upon rules of the <br />Groundwater Comm1ss1on, wh1ch would address pr10r1t1es of <br />use, rates of w1thdrawal, aqu1fer 11fe, and protect10n of <br />ex1st1ng water r1ghts. Landowners may l1m1t surface access <br />to poss1ble well s1tes. <br /> <br />2. -Nontr1butary- 1s def1ned to el1m1nate the uncerta1nty <br />unde~ current law (stream effect w1th1n 40 years 1s <br />tr1butary; more than 100 years 1s not tr1butary). Under <br />the def1n1t10n, water 1s not tr1butary 1f w1th1n 100 years <br />pump1ng w1l1 not affect the stream more than 1% of the <br />amount to be pumped annually. <br /> <br />3. Proh1b1ts estab11shment of new des1gnated g~oundwater <br />bas1ns; subst1tutes the concept of designated aqu1fers, a <br />dev1ce wh1ch serves to sh1ft the burden on the 1ssue of <br />tr1butar1ness. <br /> <br />4. Substitutes a -reasonable deplet1on- concept for the <br />arb1trary -lOa year l1fe of aqu1fer- rule. <br /> <br />5. State eng1neer has author1ty to estab11sh replacement or <br />augmentat10n requ1rements to protect other water r1ghts <br />where the water to be pumped 1s part tr1butary and part <br />nontr1butary. <br /> <br />6. Alters the composit10n of the Groundwater Comm1ss1on to <br />make 1t more representat1ve of the user const1tuency. <br /> <br />-28- <br />