§ 143-215.44. Right of withdrawal.
Part 5. Right of Withdrawal of Impounded Water.
§ 143‑215.44. Right of withdrawal.
(a) A person who lawfully impounds water for the purpose ofwithdrawal shall have a right of withdrawal of excess volume of waterattributable to the impoundment. Within the meaning of this subsection, theword "purpose" shall include one of several purposes in a multiplepurpose impoundment.
(b) A "right of withdrawal," within the meaning ofthis Part, is an interest which establishes a right to withdraw an excessvolume of water superior to other interests in the water.
(c) "Excess volume of water," within the meaning ofthis Part, is that volume which may be withdrawn from an impoundment or from awatercourse below the impoundment without foreseeably reducing the rate of flowof a watercourse below that which would obtain in that watercourse if theimpoundment did not exist.
(d) "Impound," within the meaning of this Part, shallinclude but is not limited to financial contributions or the assurance offinancial contributions in the construction or operation of an impoundment.
(e) Repealed by Session Laws 1987, c. 827, s. 182. (1971, c. 111, s. 1; 1987, c. 827, s. 182.)