| (a) A water right shall be determined to have been abandoned
if the water right holder:
(1) has the intent to knowingly relinquish the water right;
and
(2) the water right has not been used for a consecutive
three-year period or more.
(b) The requisite intent for abandonment can be shown by express
statements of the water right holder.
(c) Petition, notice and hearing under this section shall be
provided in the same manner as the cancellation of a water right provided
by §297.72 of this title (relating to Notice and Hearing).
(d) If the commission's records reflect that the amount of
water authorized to be appropriated under a water right is not being used,
either in whole or in part, the executive director may send an appropriate
form to the holder of the water right by which the holder or the holder's
authorized agent may request cancellation of the unused portion of the right
or the entire right.
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