644.042. Losing streams, a rebuttable presumption, how determined.
Losing streams, a rebuttable presumption, how determined.
644.042. The commission may adopt by rule a rebuttable presumptionthat any stream segment located within one mile upstream of a streamsegment that has been determined by the commission to be a losing stream,as defined by the commission by rule, is also a losing stream untildetermined otherwise by the commission based upon the evidence. Except forthe presumption authorized by the preceding sentence, the commission shallnot adopt any presumption that any other stream segments are losingstreams, and shall make any such determinations based on data applicable tosuch stream segments.
(L. 1998 H.B. 1161 merged with S.B. 479 merged with S.B. 739)Effective 6-9-98 (H.B. 1161) 8-28-98 (S.B. 479), (S.B. 739)