ASCE Standard ASCE/EWRI 40-03 Regulated Riparian Model Water Code

CONTENTS

Chapter I Declarations of Policy

§ 1R-1-01 Protecting the Public Interest in the Waters of the State 1

§ 1R-1-02 Ensuring Efficient and Productive Use of Water 2

§ 1R-1-03 Conformity to the Policies of the Code and to Physical Laws 2

§ 1R-1-04 Comprehensive Planning 3

§ 1R-1-05 Efficient and Equitable Allocation During Shortfalls in Supply 3

§ 1R-1-06 Legal Security for Water Rights 4

§ 1R-1-07 Flexibility Through Modification of Water Rights 5

§ 1R-1-08 Procedural Protections 5

§ 1R-1-09 Coordination of Water Allocation and Water Quality Regulation 5

§ 1R-1-10 Water Conservation 7

§ 1R-1-11 Preservation of Minimum Flows and Levels 8

§ 1R-1-12 Recognizing Local Interests in the Waters of the State 9

§ 1R-1-13 Regulating Interstate Water Transfers 10

§ 1R-1-14 Regulating Interbasin Transfers 10

§ 1R-1-15 Atmospheric Water Management 10

Chapter II General Provisions

Part 1 General Obligations and Prohibitions

§ 2R-1-01 The Obligation to Make Only Reasonable Use of Water 14

§ 2R-1-02 No Prohibition of Use Based on Location of Use 14

§ 2R-1-03 No Unreasonable Injury to Other Water Rights 15

§ 2R-1-04 Protection of Property Rights 15

§ 2R-l-05 Application of Definitions 16

Part 2 Definitions

§ 2R-2-01 Atmospheric Water Management or Weather Modification 16

§ 2R-2-02 Biological Integrity 17

§ 2R-2-03 Chemical Integrity 18

§ 2R-2-04 Comprehensive Water Allocation Plan 18

§ 2R-2-05 Conservation Measures 19

§ 2R-2-06 Consumptive Use 19

§ 2R-2-07 Cost 20

§ 2R-2-08 Domestic Use 20

§ 2R-2-09 Drought Management Strategies 20

§ 2R-2-10 Interbasin Transfer 21

§ 2R-2-11 Modification of a Water Right 21

§ 2R-2-12 Municipal Uses 21

§ 2R-2-13 Nonconsumptive Use 22

§ 2R-2-14 Permit 22

§ 2R-2-15 Person 23

§ 2R-2-16 Physical Integrity 23

§ 2R-2-17 Plan for Conservation 24

§ 2R-2-18 The Public Interest 24

§ 2R-2-19 Public Water Supply System 24

§ 2R-2-20 Reasonable Use 25

§ 2R-2-21 Safe Yield 25

§ 2R-2-22 Special Water Management Area (optional) 26

§ 2R-2-23 State Agency 26

§ 2R-2-24 Sustainable Development 27

§ 2R-2-25 Underground Water 28

§ 2R-2-26 Unreasonable Injury 29

CONTENTS

§ 2R-2-27 Waste of Water 29

§ 2R-2-28 Water Basin 30

§ 2R-2-29 Water Emergency 30

§ 2R-2-30 Water Right 31

§ 2R-2-31 Water Shortage 31

§ 2R-2-32 Waters of the State 31

§ 2R-2-33 Water Source 32

§ 2R-2-34 Withdrawal or to Withdraw 32

Part 3 Transitional Provisions

§ 2R-3-01 Prior Laws Repealed 32

§ 2R-3-02 Continuation of Prior Orders, Permits, Rules, and Regulations 33

Chapter III Waters Subject to Allocation

Part 1 Waters Subject to Allocation

§ 3R-1-01 Waters Subject to Allocation 35

§ 3R-l-02 Certain Shared Waters Exempted from Allocation 36

§ 3R-1-03 Small Water Sources Exempted from Allocation (optional) 38

Part 2 Protected Minimum Flows or Levels

§ 3R-2-01 Protected Minimum Flows or Levels Not to Be

Allocated or Withdrawn 39

§ 3R-2-02 Standards for Protected Minimum Flows or Levels 40

§ 3R-2-03 Effects of Water Shortages or Water Emergencies 41

§ 3R-2-04 Burden of Proof 41

§ 3R-2-05 Contractual Protection of Additional Flows or Levels 42

Chapter IV Administration

Part 1 General Administrative Authority

§ 4R-1-01 Basic Responsibility and Authority 43

§ 4R-l-02 Nonlmpairment of General Powers 43

§ 4R-1-03 General Administrative Powers 44

§ 4R-1-04 Special Funds Created 45

§ 4R-1-05 Application of General Laws to Meetings, Procedures, and Records 46

§ 4R-1-06 Regulatory Authority of the State Agency 46

§ 4R-1-07 Application Fees 47

§ 4R-1-08 Water Use Fees 48

§ 4R-1-09 Protection of Confidential Business Information 49

Part 2 Planning Responsibilities

§ 4R-2-01 The Comprehensive Water Allocation Plan 50

§ 4R-2-02 Drought Management Strategies 52

§ 4R-2-03 The Statewide Data System 53

§ 4R-2-04 Planning Advisory Committees 54

Part 3 Coordination with Other Branches or Levels of Government

§ 4R-3-01 Cooperation with the Federal Government and Interstate

and International Organizations 55

§ 4R-3-02 Cooperation with Other Units of State and Local Government 56

§ 4R-3-03 Duty to Cooperate 57

§ 4R-3-04 Combined Permits 58

§ 4R-3-05 Limitation on the Power of Eminent Domain 59

Part 4 Special Water Management Areas (optional)

§ 4R-4-01 Purposes for Special Water Management Areas 61

§ 4R-4-02 Special Water Management Area Studies (optional) 62

§ 4R-4-03 Creation of Special Water Management Areas 63

CONTENTS

§ 4R-4-04 Area Water Boards 64

§ 4R-4-05 Area Water Management Plans 66

§ 4R-4-06 Regulatory Authority of Special Water Management Areas

(with optional subsection) 66

§ 4R-4-07 Conflict Resolution within Special Water Management Areas 69

§ 4R-4-08 Funding Special Water Management Areas 70

Chapter V Enforcement and Dispute Resolution Part 1 Hearings

§ 5R-1-01 Right to a Hearing 71

§ 5R-1-02 A Hearing Not Required for a Frivolous Claim 72

§ 5R-l-03 Hearing Participation 72

§ 5R-1-04 Authority to Compel Evidence 73

§ 5R-1-05 Hearings Not to Delay the Effectiveness of a Permit 74

Part 2 Dispute Resolution

§ 5R-2-01 Support for Informal Dispute Resolution 75

§ 5R-2-02 Conciliation or Mediation 75

§ 5R-2-03 Administrative Resolution of Disputes Among Holders of Permits to Withdraw Water 76

Part 3 Judicial Review

§ 5R-3-01 Judicial Review of Regulations 78

§ 5R-3-02 Judicial Review of Orders or Decisions of the State Agency 78

§ 5R-3-03 Compliance with Competent Judicial Orders or Judgments 79

Part 4 Civil Enforcement

§ 5R-4-01 Inspections and Other Investigations 80

§ 5R-4-02 Notice of Violation 81

§ 5R-4-03 Orders to Cease or Restore 81

§ 5R-4-04 Injunctions 82

§ 5R-4-05 Civil Liability 83

§ 5R-4-06 Civil Penalties 83

§ 5R-4-07 Civil Charges 85

§ 5R-4-08 Liens for Liquidated Monetary Claims 85

§ 5R-4-09 Citizen Suits (optional) 86

Part 5 Criminal Enforcement

§ 5R-5-01 Crimes 87

§ 5R-5-02 Revocation of Permits 88

§ 5R-5-03 Temporary Arrest Power (optional) 89

Chapter VI Establishing a Water Right Part 1 The Requirement of a Permit

§ 6R-1-01 Withdrawals Unlawful Without a Permit 91

§ 6R-l-02 Small Withdrawals Exempted from the Permit Requirement 94

§ 6R-1-03 Existing Withdrawals 96

§ 6R-1-04 Withdrawals Begun After the Effective Date of the Code 98

§ 6R-1-05 Temporary Permits 98

§ 6R-l-06 Registration of Withdrawals Not Subject to Permits 99

Part 2 Permit Procedures

§ 6R-2-01 Contents of an Application for a Permit 100

§ 6R-2-02 Notice and Opportunity to Be Heard 102

§ 6R-2-03 Processing Applications in the Order Received 103

§ 6R-2-04 Contesting an Application 103

CONTENTS

§ 6R-2-05 Public Right of Comment 104

§ 6R-2-06 Obligation of the State Agency to Act 104

§ 6R-2-07 Notice of Action on Applications 105

§ 6R-2-08 Opportunity to Remedy Defects in an Application 106

Part 3 The Basis of a Water Right

§ 6R-3-01 Standards for a Permit 106

§ 6R-3-02 Determining Whether a Use Is Reasonable 108

§ 6R-3-03 Aggregation of Multiple Withdrawals 110

§ 6R-3-04 Preferences Among Water Rights 110

§ 6R-3-05 Prior Investment in Proposed Water Withdrawal or Use Facilities 112

§ 6R-3-06 Special Standard for Interbasin Transfers 112

Part 4 Coordination of Water Allocation and Water Quality Regulation

§ 6R-4-01 Protecting and Preserving Water Quality Standards 114

§ 6R-4-02 Data to Be Provided by (the State’s water quality agency) to the

State Agency 115

§ 6R-4-03 Evaluating Allocations for Their Potential Effect on Water Quality 116

§ 6R-4-04 Combining Permits for Water Allocation and Water Quality 118

§ 6R-4-05 Preservation of Private Rights of Action 119

Chapter VII Scope of the Water Right

Part 1 Extent of the Right

§ 7R-1-01 Permit Terms and Conditions 121

§ 7R-l-02 Duration of Permits 123

§ 7R-1-03 Forfeiture of Permits 125

Part 2 Modification of Water Rights

§ 7R-2-01 Approval Required for Modification of Permits 128

§ 7R-2-02 Approval of Modifications 129

§ 7R-2-03 Approval of Non-Injurious Modifications 132

§ 7R-2-04 No Rights Acquired Through Adverse Use 133

Part 3 Restrictions During Water Shortages or Water Emergencies

§ 7R-3-01 Authority to Restrict Permit Exercise 134

§ 7R-3-02 Declaration of a Water Shortage 135

§ 7R-3-03 Declaration of a Water Emergency 136

§ 7R-3-04 Delineation of the Area Affected 137

§ 7R-3-05 Restriction of Withdrawals for Which No Allocation or Permit Is Required 137

§ 7R-3-06 Conservation Credits 137

§ 7R-3-07 Amendment or Termination of a Declaration of Water Shortage or Water Emergency 140

Chapter VIII Multi Jurisdictional Transfers

§ 8R-1-01 Transportation and Use of Water Out of the State 143

§ 8R-1-02 Requirement of a Permit to Transport and Use Water Out of the State 144

§ 8R-1-03 Application as Consent to Authority 145

§ 8R-1-04 Appointment and Maintenance of an Agent for Receipt of Service of Process and Other Legal Notices 145

§ 8R-1 -05 Standards for Evaluating Applications for a Permit to Transport and Use Water Out of the State 146

§ 8R-1-06 Regulation of Uses of Water Outside the State 147

§ 8R-1-07 Authority of the State Unimpaired 148

Chapter IX Water Conservation and Supply Augmentation

Part 1 Water Conservation

§ 9R-1-01 Support for Voluntary Water Conservation Measures 151

§ 9R-1-02 Preferences to Water Developed Through Conservation Measures 152

Part 2 Atmospheric Water Management

§ 9R-2-01 State Authority over Atmospheric Water Management 154

§ 9R-2-02 The Obligations of Persons Undertaking Atmospheric Water Management in This State 154

§ 9R-2-03 Governmental Immunity 154

§ 9R-2-04 Private Liability 154

§ 9R-2-05 Water Rights Derived from Atmospheric Water Management 155