(1) A person may appropriate ground water in a controlled ground water area by:
(a) applying for and receiving a permit from the department in accordance with part 3 of this chapter; or
(b) following the requirements of a rule promulgated pursuant to 85-2-506.
(2) The department may not grant a permit if the withdrawal would be beyond the capacity of the aquifer or aquifers in the controlled ground water area to yield ground water within a reasonable or feasible pumping lift, in the case of pumping developments, or within a reasonable or feasible reduction of pressure, in the case of artesian developments.