| (a) Information in the water conservation plan provided by
a water right applicant shall be considered by the commission in determining
whether any practicable alternative to the requested appropriation exists,
whether the requested amount of appropriation as measured at the point of
diversion is reasonable and necessary for the proposed use, the term and other
conditions of the water right, and to ensure that reasonable diligence will
be used to avoid waste and achieve water conservation. Based upon its review,
the commission shall determine whether to deny or grant, in whole or in part,
the requested appropriation.
(b) A water conservation plan submitted with an application
requesting an appropriation for new or additional state water must include
data and information which:
(1) supports the applicant's proposed use of water with consideration
of the water conservation goals of the water conservation plan;
(2) evaluates conservation as an alternative to the proposed
appropriation; and
(3) evaluates other feasible alternatives to new water
development, including but not limited to, waste prevention, recycling and
reuse, water transfer and marketing, reservoir system operations, and optimum
water management practices and procedures. It shall be the burden of proof
of the applicant to demonstrate that the requested amount of appropriation
is necessary and reasonable for the proposed use.
(c) Any water conservation measures prescribed by the commission
shall be implemented as required by the terms and conditions of a commission
order or water right, or by rule. The holder of a water right for which a
conservation or drought contingency plan is required to be submitted in accordance
with §288.30 or §295.95 of this title (relating to Required Plans
and Water Conservation and Drought Contingency Plans, respectively) shall
install and maintain a measuring device at such point or points as may be
determined by the executive director or water master, as applicable, to be
necessary for the proper and efficient administration of water rights. All
such measuring devices shall be subject to approval of the executive director
or watermaster, as applicable. The measuring devices shall measure within
5.0% accuracy unless otherwise approved by the executive director or watermaster.
The diverter shall provide reasonable access to such measuring device.
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