§963. Management by the Department of Conservation and Energy
A. Except as otherwise provided by law, the Department of Conservation and Energy
shall be the state agency charged with managing and monitoring the implementation of all
cooperative endeavor agreements to withdraw running surface water or assignments thereof.
The secretary shall have the authority to designate where within his agency the various
functions of this Chapter are to be performed, to issue contracts or enter into agreements with
other public entities when required in his opinion for the efficient administration of this
Chapter, and to establish any necessary policy or promulgate, in accordance with the
provisions of the Administrative Procedure Act, any regulations that in his opinion are
necessary for the efficient implementation of this Chapter.
B. The secretary may negotiate and enter into a cooperative endeavor agreement to
withdraw running surface water under terms which the secretary deems to be most
advantageous to the state and which is consistent with the policies and regulations
implemented pursuant to this Chapter.
C. Where there exists a governmental entity to manage, preserve, conserve, and
protect running surface water that lacks the authority to enter into cooperative endeavor
agreements to withdraw running surface water, such entities may provide, by resolution, their
recommendations to the secretary of any requested terms of such contracts or agreements
entered into by the secretary.
Acts 2010, No. 955, §1, eff. July 2, 2010; Acts 2023, No. 150, §5, eff. Jan. 10, 2024.