85-2-150. Chronically dewatered watercourse — identification. (1) Using the factors in subsection (2) as guidelines, the department, in consultation with other agencies and groups, shall identify chronically dewatered watercourses or portions of watercourses.

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(2)The factors the department shall consider when identifying chronically dewatered watercourses or portions of watercourses include but are not limited to the:

(a)extent, duration, and frequency of the dewatering;

(b)impact of the dewatering on fish, wildlife, or other natural resources;

(c)particular species of fish and wildlife impacted;

(d)impact of dewatering on other off-stream uses, including but not limited to agricultural, industrial, municipal, and recreational uses;

(e)probable cause of the dewatering;

(f)existence of temporary or final decrees;

(g)history, if any, of conflict among water rights holders on the watercourse;

(h)practicality and reasonableness of installing measuring devices on diversions along the watercourse; and

(i)likelihood that the installation of measuring devices will significantly help to:

(i)solve the chronically dewatered condition of the watercourse; or

(ii)resolve conflicts among water rights holders on the watercourse.