Condemning authorities seeking to acquire surface rights for a public purpose shall provide written notice to the landowner subject to the acquisition that the landowner may elect to retain, through severance, the groundwater rights, if any, that are attached to the property to be acquired. If the landowner elects to retain such groundwater rights, the acquisition shall be limited to surface rights and exclude groundwater rights; however, an owner of groundwater rights shall not have a right of access to the acquired surface rights and no person may construct, maintain or operate any water well, drilling equipment or lines on or under the surface acquired by the condemning authority without the express written permission of the condemning authority. Notwithstanding the foregoing, this provision shall not apply to a condemning authority that is seeking to acquire groundwater rights based on an affidavit of need or resolution of necessity that sets out an expressly stated need and purpose for the acquisition of such groundwater rights.
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