If a person seeks to obtain an approval of an aquifer storage-and-recovery plan within the boundaries of a designated groundwater basin, the person must apply to the commission in a form and manner determined by the commission by rule. When submitting the application to the commission, the applicant must also submit a summary of the application to the commission for publication. If the commission determines that the application is complete, the application shall be published pursuant to section 37-90-112 within sixty days after the filing of the completed application. If an objection to the application is filed, the commission shall hold a hearing on the application pursuant to section 37-90-113. The commission shall approve an aquifer storageand-recovery plan if the commission determines that the aquifer storage-and-recovery plan meets the requirements of this article 90 and rules adopted by the commission. An aquifer storage-andrecovery plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any aquifer storage-and-recovery plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guideline or rules governing aquifer storage-and-recovery plans.
Source: L. 2018: Entire section added, (HB 18-1199), ch. 106, p. 794, § 1, effective August 8.