Section 675.110  Restricting Groundwater Withdrawal

a)         Upon receipt from a District of a written recommendation for restricting groundwater withdrawal, the Department shall initiate a review of the District's recommendation within three (3) working days of receiving the recommendation to determine concurrence or nonconcurrence with the District's recommendations.

b)         The Department of Agriculture's review shall consist of the following:

1)         All facts and data concerning the groundwater hydrology and geology of the area that were collected by the District;

2)         The validity of the complaint (see Section 675.90(c)), conclusion and recommendations made by the District;

3)         An examination of the plan of action recommended by the District;

4)         The reasonable use (see Section 4(g) of the Act and Section 675.10) water needs of users within the affected area to the extent such use can be determined; and

5)         The availability of supplemental water supplies, including the opportunity for groundwater recharge or a delivered water supply.

c)         If the Department concurs with the District's recommendation to restrict groundwater withdrawal, a groundwater withdrawal restriction shall be placed on any high capacity well or wells within the District's boundaries that are primarily affecting the aquifer.

d)         Notice of the restriction and the authority of the Department of Agriculture to issue such restriction shall be sent to each land occupier or person possessing or operating one or more high capacity wells where groundwater restrictions are necessary and to the District filing the restriction recommendation.  The restriction notice shall be sent by certified mail, with return receipt requested, and specify the following:

1)         The date the restriction becomes effective;

2)         The well or wells that the restrictions apply to, specifying the general location description, and the legal description of the well site as stated on the registration form.

3)         The maximum number of gallons per day that may be withdrawn;

4)         Records of daily withdrawals and/or times of well pumping must be regularly and accurately maintained during the restriction by the land occupier or person possessing or operating each well;

5)         The reason or reasons for the withdrawal restrictions; and

6)         The time period for which the restrictions apply, if this can be determined pursuant to this Part.

e)         The restrictions on groundwater withdrawal shall be rescinded by the Department when justified by changed groundwater conditions, such as recharge of groundwater supplies due to increased precipitation, or a seasonal or otherwise lessened demand for groundwater resources.  When groundwater withdrawal restrictions are to be rescinded, the Department of Agriculture shall notify the land occupiers or persons possessing the point or points of withdrawal where the restrictions are in effect, and the District in which the points of withdrawal are located.  The rescinded restriction notice shall be made in writing and specify the following:

1)         The date the rescinded restriction become effective;

2)         The well or well that the rescinded restrictions apply to, specifying the general location description and legal description of the well sites as stated on the registration form; and

3)         The reason or reasons for rescinding the restrictions.