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<br />REQUIRED TO GO THROUGH THE WATER COURT ADJUDICATION PROCESS CAN <br />BE PROBLEMATIC FOR SOME WATER USERS. PRIOR TO JANUARY 1, 2002, <br />SUBSTTTUTE WATER SUPPLY PLANS HAD COME INTO COMMON USAGE FOR A <br />NUMBER OF WATER USERS, AND BASED ON THIS PRECEDENT, IT APPEARS <br />DESIRABLE TO ESTABLISH SOME ADDITIONAL AUTHORITY FOR THE STATE <br />ENGINEER TO APPROVE SUBSTITUTE WATER SUPPLY PLANS. <br />(b) PRIOR TO JANUARY 1, 2002, THE GENERAL ASSEMBLY GAVE THE <br />STATE ENGINEER CERTAIN AUTHORITY TO APPROVE EXCHANGES AND <br />SUBSTITUTE WATER SUPPLY PLANS, INCLUDING SUBSTITUTE WATER SUPPLY <br />PLANS INVOLVING SAND AND GRAVEL MINES APPROVED PURSUANT TO <br />SECTIONS 37-90-137 (11) AND 37-80-120 (5); EXCHANGES PURSUANT TO <br />SECTIONS 37-80-120, 37-83-104, 37-80-106, AND OTHER STATUTES <br />AUTHORIZING EXCHANGES; AND WATER USES THAT ARE PART OF THE <br />ARKANSAS RNER WATER BANK PILOT PROGRAM APPROVED PURSUANT TO <br />ARTICLE 80.5 OF THIS TITLE; AND THIS SECTION SHALL NOT APPLY TO SUCH <br />PLANS AND EXCHANGES. <br />(c) PRIOR TO JANUARY 1, 2002, THE GENERAL ASSEMBLY GAVE THE <br />STATE ENGINEER ADMINISTRATNE AUTHORITY TO REGULATE WELLS UPON <br />PROMULGATION OF RULES FOR A RNER BASIN OR AQUIFER, SUBJECT TO THE <br />REVIEW OF THE WATER JUDGE AS PROVIDED IN SECTION 37-92-501 (3); AND <br />NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY SUCH <br />AUTHORITY. <br />(2) IN ADDITION TO THE AUTHORTTY PREVIOUSLY GRANTED TO THE <br />STATE ENGINEER, LISTED IN SUBSECTION (1) OF THIS SECTION, THE STATE <br />ENGINEER IS AUTHORIZED TO REVIEW AND APPROVE SUBSTITUTE WATER <br />SUPPLY PLANS THAT ALLO WOUT-OF-PRIORITY DNERSIONS ONLY UNDER THE <br />CIIiCUMSTANCES AND PURSUANT TO THE PROCEDURES SET FORTH IN THIS <br />SECTION. <br />(3) FOR SUBSTITUTE WATER SUPPLY PLANS APPROVED BY THE STATE <br />ENGINEER IN W RITING PRIOR TO JANUARY 1, 2002, THE STATE ENGINEER MAY <br />APPROVE ONE RENEWAL OF SUCH PLAN ON THE SAME OR SIMILAR TERMS AS <br />THOSE CONTAINED IN THE PREVIOUS APPROVAL OF SUCH PLAN. THE <br />RENEWAL PLAN REQUEST MAY INCLUDE AMENDMENTS TO THE PREVIOUSLY <br />APPROVED PLAN SO LONG AS THE AMENDMENTS ADDRESS THE SAME WATER <br />USES OR PROJECTS AS WERE INCLUDED IN THE PREVIOUSLY APPROVED PLAN. <br />SUCH RENEWAL MAY NOT EXTEND PAST DECEMBER 31, 2002. AFTER SUCH <br />DATE, THE PLAN SHALL COMPLY WITH THE PRO VISIONS OF SUBSECTION (4) OR <br />PAGE 2-HOUSE BILL 02-1414 <br />