| (a) The waste of water is prohibited and is an unlawful use
of state water. A water right holder using state water shall use those measures
necessary to ensure the beneficial use of water without waste in accordance
with these rules and the terms and conditions of the water right and applicable
law.
(b) The use of that amount of water in excess of that which
is economically reasonable for an authorized purpose when reasonable intelligence
and reasonable diligence are used in applying the water to that purpose constitutes
waste. Waste also includes the diversion or use of water in any manner that
causes or threatens to cause pollution of water in violation of applicable
rules and standards.
(c) A person who permits an unreasonable loss of water through
faulty design or negligent operation of any waterworks commits waste, and
the commission may declare the waste to be a public nuisance. Faulty design
or negligent operation shall include, but not be limited to, the design or
operation of waterworks not in accordance with applicable state or federal
law, commission rules, plumbing fixture codes or ordinances, or other applicable
law or, in the absence of such law, not in accordance with commonly accepted
industry standards, engineering principles, and best management practices.
(d) The commission or a person injured by the waste of water
as provided by subsection (c) of this section may seek civil action in the
appropriate state district court to have the nuisance abated and the commission
may direct the person supplying the water to close the gates of the person
wasting the water and keep them closed until the commission determines that
the unlawful use of water is corrected.
(e) The right to appropriate that amount of water not beneficially
used cannot be perfected and is subject to limitation, cancellation, or forfeiture
as provided by law.
|
