R655-16-7. State Engineer Review and Evaluation

(1) If a Declaration is filed with the State Engineer:

(a) The State Engineer shall review the Declaration for consistency with the water right information contained in the State Engineer's records.

(b) If the Declaration is inconsistent with the water right information contained in the State Engineer's records, it will be returned without further action to the Water Right Holder who submitted the Declaration with an explanation of the inconsistencies.

(c) If there is reason to believe the Declaration is consistent with the State Engineer's records, the State Engineer shall update the water right records of all water rights listed in the Declaration, consistent with the Beneficial Use Amounts included in the Declaration. With the update, a memo documenting the Beneficial Use declarations shall be placed on the file of each affected water right.

(2) A Water Right Holder may request, in writing to the State Engineer, a review of the State Engineer's Water Right Database entries and the State Engineer's Water Right Files related to a Water Use Group.

(a) Such a request is not a request for agency action pursuant to Chapter 63G-4 because the review shall be limited to a determination as to whether the State Engineer's Water Right Database entries are consistent with the State Engineer's Water Right Files for the water rights in the Water Use Group.

(b) A request for a records review filed pursuant to this rule shall set forth a statement as to how the submitter believes the State Engineer's Water Right Database should be modified to be consistent with the State Engineer's Water Right Files for the water rights in the Water Use Group.

(c) The State Engineer shall complete a review of the Water Rights Database and the Water Right Files within a reasonable time from receipt of the written request and shall notify the requester in writing when the review has been completed.

(d) A copy of the State Engineer's reply to the request for a records review shall be placed on the water right file for each water right in the Water Use Group reviewed.

(3) The State Engineer may modify Water Use Group records at any time to resolve errors, deficiencies, or ambiguities. With the modification, a memo documenting the change in the Water Use Group shall be placed on the file of each affected water right.