§ 90-43. Existing uses.

(a)

All uses of water in existence prior to the effective date of the ordinance from which this article was derived, unless exempted by law, may be continued after adoption of this permit system if a permit is issued and a report made as provided hereinbelow:

(1)

Within County Water District Number 7 the location and size of each well must be reported to the county engineer within six months after the effective date of the ordinance from which this article was derived.

(2)

Each user of water within the county, including Water Management District Number 7, must apply for a permit to continue use within six months after the effective date of the ordinance from which this article was derived.

(3)

Failure to report or apply within the above periods of time shall create a conclusive presumption of abandonment of the use. If the user desires to revive the use, he must apply for a permit in accordance with section 90-44.

(b)

The board of county commissioners shall:

(1)

Conduct an advertised public hearing if:

a.

The board of county commissioners has reason to believe the existing use is not a reasonable-beneficial use, or is not allowable under the common law of this state; or

b.

The board of county commissioners determines that a permit should be for a smaller quantity of water than sought, or should contain substantial limitations.

(2)

Issue a permit to continue an existing use after a hearing in accordance with section 90-41, if the existing use is a reasonable-beneficial use as defined hereinabove and is allowable under the common law of this state.

(3)

Be advised in public hearing of the size, location and capacity of permits for withdrawals issued by the county administrator.

(Ord. No. 74-50, § 1(2.03))