Issuance and Denial of Permit. [Contingent Amendment. See First Version of Section and Compiler’s notes.]

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  1. The commissioner shall issue or deny any permit applied for pursuant to § 69-7-204 in accordance with this part and the rules adopted by the board of energy and natural resources under § 69-7-207 and any applicable provisions of the Water Quality Control Act, compiled in chapter 3, part 1 of this title, and rules under that act. Such permits shall be issued for a renewal term of five (5) years and contain necessary and appropriate conditions to accomplish the purposes of the same part and rules.
  2. The commissioner shall, to the maximum extent feasible, combine the permit application and issuance processes for a withdrawal activity that requires permits under this part and the Water Quality Control Act.
  3. The commissioner may revoke, suspend, or modify any permit for the following reasons:
    1. A violation of any terms or conditions of the permit or of any provision of this part;
    2. Obtaining the permit by misrepresentation or failing to disclose fully all relevant facts; or
    3. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted inter-basin transfer because of reasonably likely adverse impacts to downstream users or the environment.
  4. Any person aggrieved by the issuance or denial of a permit by the commissioner under this part may appeal such matter to the board of energy and natural resources solely in accordance with § 69-7-207(3).


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