§ 33-13. Challenge to approved permit.

(a)

Any interested party or public entity may challenge the continuation of the permit during the term of the permit when any of the following information exists:

(1)

There is a violation of the conditions of the permit;

(2)

Extraction of groundwater pursuant to the permit:

a.

Causes or increases an overdraft in the basin; or

b.

Brings about or increases salt water intrusion, or

c.

Exceeds the safe yield of the subbasin(s), or

d.

Results in uncompensated injury to overlying groundwater users or other water users, or

e.

Causes subsidence.

(b)

A challenge pursuant to this section is commenced by filing a written request with the department which alleges any one (1) of the above situations and generally described the supporting facts for such allegation. If the department determines that the supporting facts make a prima facie showing of one (1) of the above categories, the department shall within ten (10) days of the receipt of such challenge, give notice of the challenge to the commission, the permittee, appellant, to any interested party who filed a written request for such notice within the past twenty-four (24) months, and also to districts and cities within the county. A commission review shall be held on the matter following the procedure set out in section 33-11. The commission's decision may be to deny the challenge, grant the challenge and terminate the permit, or to establish modified conditions to the permit.

(c)

The standard for review shall be substantial evidence.

(d)

Any interested party or public entity may challenge the issuance of a permit by the commission on the basis that the permit was not issued in accordance with the procedural requirements of this chapter by filing an appeal in the same manner and within the same time period specified in section 33-12. The requirements of section 33-12 shall govern appeals filed pursuant to this subsection.

(Ord. No. 3303-A, § 4.09, 12-10-96; Ord. No. 3542, § 1, 8-10-99)