R655-16-9. Exceptions

(1) Water Use Groups created for public water suppliers that do not describe the extent of the Beneficial Uses but rather group water rights within a use area will not require a Declaration.

(2) At any time during a Change Application or Proof process, if it becomes apparent, through State Engineer review, protest, or otherwise, that a Declaration is necessary to complete the administrative process, the State Engineer may require Declaration be completed consistent with this rule.

(3) A Water Right Holder who wishes to declare that a water right contributes no Beneficial Use amount to a Water Use Group, where the holder is the sole owner of the non-contributing water right, may make that declaration by filing a Declaration signed only by that Water Right Holder. The Declaration may address only those rights declared to be non-contributing. Once accepted for filing, a Declaration filed to declare no Beneficial Use amount may not be withdrawn or modified by the Water Right Holder. No effort will be made to contact the other Water Right Holders in the Water Use Group concerning such filing. Once a Declaration of no Beneficial Use has been accepted for filing, the State Engineer shall update the water right records of all water rights listed in the Declaration, consistent with the Declaration. With the update a memo documenting the no Beneficial Use declarations shall be placed on the file of each affected water right.

(4) If the Beneficial Use Amount of a water right has been quantified by a court order or other legal instrument of equivalent effect, and which instrument is not a part of the State Engineer's documentary records, such instrument may be submitted by any person for consideration by the State Engineer.

(5) The State Engineer may administratively cancel the assignment of a water right to a Water Use Group if such action provides for more efficient or proper water right administration. When the database is updated to cancel the assignment, a memo documenting the cancellation shall be placed on the file of each affected water right.

(6) The State Engineer may waive the filing of a Declaration for a temporary Change Application when he believes sufficient water and Beneficial Use Amounts are available for the purposes of the change.