§ 33-11. Granting of permit.

A permit shall be granted pursuant to sections 33-5 and 33-6 only if the commission finds and determines that the extraction will not:

(a)

Cause or increase an overdraft of the groundwater underlying the county;

(b)

Bring about or increase salt water intrusion;

(c)

Exceed the safe yield of the aquifer or subbasins underlying the county;

(d)

Result in uncompensated injury to overlying groundwater users or other water users; or

(e)

Cause subsidence.

In granting a permit, the commission shall impose appropriate conditions upon the permit to satisfy the above findings, and may impose other conditions that it deems necessary for the health, safety and welfare of the people of the county. Conditions in the permit may include, but are not limited to, requiring metering of the wells under the permit, both short-term and annual pumping limits, prescribed groundwater levels at which groundwater pumping must cease, and additional requirements for observation and/or monitoring wells.

In denying a permit, the commission shall make specific findings in any of the subsections (a) through (e) to support its decision.

The decision of the commission relating to section 33-5 shall be made upon an affirmative vote of six (6) members of the commission and relating to section 33-6 shall be made upon an affirmative vote of a majority of the quorum present. Such decisions may be appealed in accordance with section 33-12 or 33-13.

(Ord. No. 3303-A, § 4.07, 12-10-96)