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Notication As Required By Statute
Upon receipt of a complete application, completed Notice of Application forms will be forwarded to the applicant along with
a letter of instructions. Applicants are required by law to:
1. Provide notice of the application by certied mail to all record title owners of real estate within a radius of one mile
from the location of the proposed water appropriation site, EXCEPT:
a. If the one-mile radius extends within the geographical boundary of a city, the notice must be given to the
governing body of the city and no further notice need be given to the record title owners of real estate within
the geographical boundary of the city.
b. If the one-mile radius includes land within the geographical boundary of a rural subdivision where the lots
are ten acres or less, the notice must be given to the governing body of the township or other governing
authority for the rural subdivision and no further notice need be given to the record title owners of real estate
within the geographical boundary of the rural subdivision.
c. If the one-mile radius includes a single tract of rural land which is owned by more than ten individuals, the
notice must be given to the governing body of the township or other governing authority for that tract of
land and no further notice need be given to the record title owners of the tract.
NOTE: The record title owners shall be determined by an actual search of the records of the appropriate County
Recorders oce within 15 days of the mailing of the notice to landowners. The record title owners of land under
contract for deed shall be deemed to include both grantor and grantee of a contract for deed.
2. Provide notice of application by certied mail to each person holding a water permit for the appropriation of water
from an appropriation site located within a radius of one mile from the location of the “proposed” appropriation site.
The Department of Water Resources will provide the applicant a list of permit holders who must be notied.
3. Provide notice of application by certied mail to all municipal or public use permit holders within a twelve-mile
radius of the “proposed” water appropriation site. The Department of Water Resources will provide the applicant a list
of all municipal or public use permit holders that must be notied.
4. After sending the completed Notice of Application forms by certied mail, the applicant must return, within sixty
days from the date of the DWR’s notication instructions, by certied mail, the completed adavit of notice and
Postal Service form 3877.
Upon receipt of the completed adavit of notice and Postal Service form 3877, the Department of Water Resources
shall publish notice of the application in the ocial newspaper of the county in which the proposed appropriation
site is located, once a week for two consecutive weeks. The applicant is required to pay the publication fees for the
Notice of Application.
5. The Notice of Application will give essential facts about the application and the date by which written comments
regarding the proposed appropriation must be led with the Department of Water Resources.
a. The Department of Water Resources shall consider all written comments received and shall draft a
recommended decision in writing. The recommended decision is mailed to the applicant and any person who
led written comments (parties of record).
b. Within thirty days of service of the recommended decision, the applicant and any party
c. Of record who would be aggrieved by the decision may le additional written comments with the
Department of Water Resources or request an adjudicative proceeding on the application, or both. A request
for an adjudicative proceeding must be made in writing and must state with particularity how the person
would be aggrieved by the decision and the issues and facts to be presented at the proceeding. If a request
for an adjudicative proceeding is not made, the Department shall consider the additional comments, if
any are submitted, and issue a nal decision. If a request for an adjudicative proceeding is made and the
Department determines an adjudicative proceeding is necessary, the Department shall designate a time and
place for the adjudicative proceeding and serve the notice of adjudicative proceeding upon the applicant and
any person who led written comments.