§ 90-42. Standards governing issuance.

(a)

To obtain a permit, an applicant must demonstrate that:

(1)

The applicant has right to the beneficial use of the land with a reference to the land's recorded title and any lease agreement; and

(2)

The intended use is a reasonable-beneficial use as defined hereinabove, is consistent with the public interest, and will not interfere with any legal use of water existing at the time of application, including both exempt domestic uses and uses exercised under the authority of a valid permit.

(b)

In determining if a use is consistent with the public interest, the board of county commissioners may consider, among others, the following factors:

(1)

The maximum economic development of the water resources consistent with present and future uses.

(2)

The control of such waters for environmental protection, drainage, flood control and water storage and other such purposes.

(3)

The quantity of water available for a reasonable-beneficial use.

(4)

The prevention of wasteful, uneconomical, impractical or unreasonable uses of water resources.

(5)

The preservation and enhancement of the water quality of the state and the provisions of the water quality standards and classifications as established by the state department of environmental regulation.

(6)

The state water resources policy as expressed in the act.

(c)

The board of county commissioners may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land or outside the watershed from which it is taken if the board of county commissioners determines that such transport and use is consistent with the public interest.

(d)

The board of county commissioners may reserve water from use by permit applicants in such locations and quantities and for such seasons of the year as may be necessary to protect the public health, safety, welfare and utility or fish and wildlife. Such reservations shall be subject to periodic review and revision in consideration of changed conditions. All legal uses of water at the time of the reservation shall not be subject to this section if not contrary to the public interest.

(Ord. No. 74-50, § 1(2.02))