1. (1) Except as provided in subsection (2) of this section, the Water Resources Department may apply only those rules of the department that are in effect as of the date that a completed application is made for a permit in deciding whether to approve, deny or impose conditions on the permit.

2. (2) This section does not affect the application of any rule of the department that:

   1. (a) Is required by federal law;
   2. (b) Is required by any agreement between the state and a federal agency;
   3. (c) The applicant voluntarily agrees to make applicable to the application; or
   4. (d) Is necessary to protect public health and safety.

[1999 c.301 §2]