A. The director may issue a temporary, emergency permit authorizing the use of surface water or groundwater in a body of water that is exempt under section 45-132, subsection B, paragraph 4 and that is filled or refilled primarily with effluent if the director determines that:

1. 1. The director of environmental quality has determined that all of the following apply:

   1. (a) An emergency exists because the condition of the body of water is a threat to the public health or welfare.
   2. (b) There is a reasonable probability that the temporary use of surface water or groundwater in the body of water will significantly reduce the threat to the public health or welfare.
   3. (c) Actions other than the temporary use of surface water or groundwater would not significantly reduce the threat or are unreasonable under the circumstances.
2. 2. The owner or operator of the body of water otherwise has a right to use surface water or groundwater for the proposed purpose.
3. 3. If a temporary emergency permit has previously been issued for the body of water, the owner or operator of the body of water has undertaken reasonable measures to prevent the condition of the body of water from again becoming a threat to the public health or welfare.