House Bill 4137

Establishes standard for measuring distance between proposed or existing well and surface water source for purpose of determining probability or existence of impairment of, or substantial or undue interference with, existing rights of others to appropriate surface water. Requires that Water Resources Department proposed final order adversely affecting or aggrieving ground water right applicant or ground water right holder state all facts, grounds or legal theories relied upon to support proposed final order. Requires that proposed final order include detailed findings and holdings based on clear and convincing evidence supporting proposed final order. Requires that evidence regarding proposed or existing well include report by qualified geologist or hydrologist containing certain information specific to well site. Provides that proposed final order restricting or conditioning exercise of proposed or existing ground water right for purpose of preventing impairment of, preventing interference with or otherwise benefiting superior water right must include evidence demonstrating that restriction or condition will accomplish purpose. Prohibits department or court from requiring undertaking as condition for filing or maintaining petition with circuit court for review of department order other than contested case. Prohibits department or court from requiring undertaking as condition of issuing or maintaining stay of order other than contested case while review of order by circuit court or appeal of circuit court judgment to Court of Appeals is available or pending. Declares emergency, effective on passage.

In the House of Representatives

• Gail Whitsett

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 27 – Mar 3

1. Jan 27Filed before the session
2. Feb 1Introduced
3. Sent to Rural Communities, Land Use and Water
4. Feb 10Heard in Rural Communities, Land Use and Water
5. Mar 3Died when the session ended