18 C.F.R. PART 803—REVIEW AND APPROVAL OF PROJECTS
Title 18 - Conservation of Power and Water Resources
Authority: Secs. 3.4, 3.8, 3.10 and 15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
Source: 60 FR 31394, June 15, 1995, unless otherwise noted.
(a) This part establishes the scope and procedures for review and approval of projects under Section 3.10 of the Susquehanna River Basin Compact, Public Law 91–575, 84 Stat. 1509 et seq., (the compact) and establishes special standards under Section 3.4 (2) of the compact governing water withdrawals and the consumptive use of water. The special standards established pursuant to Section 3.4 (2) shall be applicable to all water withdrawals and consumptive uses in accordance with the terms of those standards, irrespective of whether such withdrawals and uses are also subject to project review under Section 3.10. (b) Except for activities relating to site evaluation, no person or governmental entity shall begin construction or operation of any project subject to commission review and approval until such project is approved by the commission. (c) When projects subject to commission review and approval are sponsored by governmental entities, the commission shall submit recommendations and findings to the sponsoring agency which shall be included in any report submitted by such agency to its respective legislative body or to any committee thereof in connection with any request for authorization or appropriation therefor. The commission review will ascertain the project's compatibility with the objectives, goals, guidelines and criteria set forth in the comprehensive plan. If determined compatible, the said project will also be incorporated into the comprehensive plan if so required by the compact. This part, and every other part of 18 CFR chapter VIII, shall also be incorporated into and made a part of the comprehensive plan. (d) If any portion of this part, or any other part of 18 CFR chapter VIII, shall, for any reason, be declared invalid by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect. (e) Except as otherwise stated in this part this part shall be effective on May 11, 1995; provided, however, that nothing in this paragraph shall be deemed to exempt: (1) Any project which has been or could have been subject to review and approval by the commission under the authority set forth in Section 3.10 of the compact or any prior regulations of the commission; or (2) Any withdrawal or consumptive use which has been or could have been subject to special standards adopted pursuant to Section 3.4 (2) of the compact. (f) When any period of time is referred to in this part, such period in all cases shall be so computed as to exclude the first and include the last day of such period. Whenever the last day of any such period shall fall on Saturday or Sunday, or on any day made a legal holiday by the law of the United States, such day shall be omitted from the computation. (g) Any forms or documents referenced in this part may be obtained from the commission at 1721 N. Front Street, Harrisburg, PA 17102–2391. (a) The general purposes of this part are to advance the purposes of the compact and include but are not limited to: (1) The promotion of interstate comity; (2) The conservation, utilization, development, management, and control of water resources under comprehensive, multiple purpose planning; and (3) The direction, supervision and coordination of water resources efforts and programs of federal, state and local governments and of private enterprise. (b) In addition, §§803.42, 803.43 and 803.44 contain the following specific purposes: Protection of public health, safety and welfare; stream quality control; economic development; protection of fisheries and aquatic habitat; recreation; dilution and abatement of pollution; the regulation of flows and supplies of surface and ground waters; the avoidance of conflicts among water users; the prevention of undue salinity; and protection of the Chesapeake Bay. (c) The objective of all interpretation and construction of this part is to ascertain and effectuate the purposes and the intention of the commission set out in paragraph (b) of this section. For purposes of this part, the words listed in this section are defined as follows: Agricultural water use. A water use associated primarily with the raising of food or forage crops, trees, flowers, shrubs, turf, aquaculture and livestock. Application. A request for action by the commission in written form including without limitation thereto a letter, referral by any agency of a signatory party, or an official form prescribed by the commission. Basin. The Susquehanna River basin. Commission. The Susquehanna River Basin Commission, a body politic created under Article 2, Section 2.1 of the compact. Compensation. Water utilized or provided from storage as makeup for a consumptive use. Comprehensive plan. The “Comprehensive Plan for Management and Development of the Water Resources of the Susquehanna River Basin” prepared and adopted by the commission pursuant to Article 3, Section 3.3 of the compact. Construction. Clearing or excavation of the site or installation of any portion of the project on the site. Consumptive use. Consumptive use is the loss of water from a ground-water or surface water source through a manmade conveyance system (including such water that is purveyed through a public water supply system), due to transpiration by vegetation, incorporation into products during their manufacture, evaporation, diversion from the Susquehanna River basin, or any other process by which the water withdrawn is not returned to the waters of the basin undiminished in quantity. Deep well injection shall not be considered a return to the waters of the basin. Dedicated augmentation. Release from an upstream storage facility which is required for any other instream or withdrawal use. Deep well injection. Injection of waste or wastewater substantially below aquifers containing fresh water. Diversion. The transfer of water into or from the basin. Executive Director. The chief executive officer of the commission appointed pursuant to Article 15, Section 15.5 of the compact. Facility. Any real or personal property, within or without the basin, and improvements thereof or thereon, and any and all rights of way, water, water rights, plants, structures, machinery, and equipment acquired, constructed, operated, or maintained for the beneficial use of water resources or related land uses or otherwise including, without limiting the generality of the foregoing, any and all things and appurtenances necessary, useful, or convenient for the control, collection, storage, withdrawal, diversion, release, treatment, transmission, sale, or exchange of water; or for navigation thereon, or the development and use of hydroelectric energy and power, and public recreational facilities; of the propagation of fish and wildlife; or to conserve and protect the water resources of the basin or any existing or future water supply source, or to facilitate any other uses of any of them. For purposes of this part and every other part contained in this chapter, a facility shall be considered a project (see definition of project in this section). Governmental entity. The federal government, the signatory states, their political subdivisions, public corporations, public authorities and special purpose districts. Ground-water source. (1) Pumped wells or well fields; (2) Flowing wells; (3) Pumped quarries, pits, and underground mines having no significant surface water inflow (significant meaning that any surface water inflow is greater than the withdrawal); or (4) A spring in which the water level is sufficiently lowered by pumping to eliminate the surface flow. All other springs will be considered to be surface water. Person. An individual, corporation, partnership, unincorporated association, and the like and shall have no gender and the singular shall include the plural. Pre-compact use. The maximum average quantity or volume of water consumptively used over any consecutive 30 day period prior to January 23, 1971 expressed in “gallons per day” (gpd). Project. Any work, service, or activity which is separately planned, financed, or identified by the Commission, or any separate facility undertaken or to be undertaken by the Commission or otherwise within a specified area, for the conservation, utilization, control, development, or management of water resources which can be established and utilized independently or as an addition to an existing facility and can be considered as a separate entity for purposes of evaluation. Signatory party. The States of Maryland and New York, the Commonwealth of Pennsylvania, and the United States of America. Signatory state. The States of Maryland and New York, the Commonwealth of Pennsylvania. Sponsor. Any person or governmental entity proposing to undertake a project. The singular shall include the plural. Surface water source. Any river, perennial stream, natural lake or pond, spring, wetland or other body of surface water situated in the basin. Susquehanna River basin. The area of drainage of the Susquehanna River and its tributaries into the Chesapeake Bay to the southern edge of the former Pennsylvania Railroad Bridge between Havre de Grace and Perryville, Maryland. Water(s). Surface and ground water(s) contained within the Susquehanna River basin either before or after withdrawal. Withdrawal. A taking or removal of water from any source within the basin for use within the basin. [60 FR 31394, June 15, 1995; 63 FR 32124, June 12, 1998] (a) The following projects are subject to review and approval by the commission and require an application to be submitted to the commission in accordance with the procedures outlined in §803.23: (1) Projects on or crossing the boundary between two signatory states; (2) Projects involving the diversion of water; (3) Projects resulting in a consumptive use of water exceeding an average of 20,000 gallons per day (gpd) for any consecutive thirty-day period or such other amounts as stipulated in §803.42; (4) Projects withdrawing in excess of an average of 100,000 gpd for any consecutive thirty-day period from a ground-water or surface water source or such other amounts as stipulated in §§803.43 and 803.44; and (5) Projects which have been included by the commission in its comprehensive plan. (b) Sponsors of projects who feel that their projects are likely to be classified as requiring the commission's approval may request that the executive director waive the “request for determination” procedure and may thereafter proceed directly to the filing of an application for approval. The following projects, if not already covered under §803.4, may be subject to commission review and approval and require, in accordance with the procedures outlined in §803.22, a “request for determination” to be submitted to the executive director: (a) Projects which may change interstate water quality standards or criteria. (b) Projects within a signatory state that have the potential to affect waters within another signatory state. This includes but is not limited to projects which have the potential to alter the physical, biological, chemical or hydrological characteristics of water and related natural resources of interstate streams designated by the commission under separate resolution. (c) Projects which may have a significant effect upon the comprehensive plan. (d) Projects not included in paragraphs (a) through (c) of this section, but which could have an adverse, adverse cumulative, or interstate effect on the water resources of the basin; provided that the project sponsor is notified in writing by the executive director that it shall submit a “request for determination”. (a) The commission recognizes that agencies of the signatory parties will exercise their review authority and evaluate many proposed projects in the basin. The commission will adopt procedures to assure compatibility between signatory review and commission review. (b) To avoid duplication of work and to cooperate with other government agencies, the commission may develop agreements of understanding, in accordance with the procedures outlined in this part, with appropriate agencies of the signatory parties regarding joint review of projects. These agreements may provide for joint efforts by staff, delegation of authority by an agency or the commission, or any other matter to support cooperative review activities. Permits issued by a signatory agency shall be considered commission approved if issued pursuant to an agreement of understanding with the commission specifically providing therefor. The commission may, in its discretion, waive or modify the requirements of this part if the essential purposes set forth in §803.2 continue to be served. The purpose of this subpart is to set forth procedures governing applications required by §§803.4 and 803.5. (a) Any sponsor of a proposed project that is or may be subject to the commission's review jurisdiction under §803.4 or §803.5 is encouraged, prior to making application for commission review, to request a preliminary consultation with the commission staff for an informal discussion of preliminary plans for the proposed project. To facilitate preliminary consultations, it is suggested that the sponsor provide a general description of the proposed project, a map showing its location and, to the extent available, data concerning dimensions of any proposed structures and the environmental impacts. (b) Preliminary consultations shall be optional with the project sponsor and shall not relieve the sponsor from complying with the requirements of the compact or with this part. (a) Sponsors of projects which may require review and approval, as described in §803.5, shall submit a “request for determination” to the executive director with such accompanying information and data as the executive director shall prescribe. (b) If a project sponsor is uncertain whether a “request for determination” should be filed with the commission, the sponsor may ask for and, within thirty days after submission of information in such form and manner as will allow the executive director to make a decision, receive from the executive director a letter stating whether a “request for determination” should be filed. The executive director may also direct a project sponsor to submit a “request for determination.” (c) Within thirty days of the receipt of such “request for determination,” the executive director shall determine whether the said project must be reviewed and approved by the commission. In making such determination, the executive director shall be guided primarily by his/her findings as to the following factors: (1) Whether the proposed project will have a significant interstate effect on water supply, stream flows, aquifers, water quality, flooding, sensitive land areas, aquatic or terrestrial forms of plant or animal life, historical or cultural resources, or any other water-related resource. (2) Whether the proposed project will have a significant impact upon the goals, objectives, guidelines, plans, or projects included in the comprehensive plan. (3) Whether the proposed project may have an adverse or adverse cumulative effect on the water resources of the basin. (d) The executive director shall notify the sponsor of the project, the agency of the signatory party, if any, reviewing the project, the governing body of each municipality and the planning agency of each county in which the project is located of his/her initial determination under this section. Notice to the sponsor shall be by certified mail, and to all other interested parties by regular, first class mail. At a cost to be assessed to the project sponsor, the executive director shall also publish in a newspaper of general circulation in that municipality, at least once, a notice of such determination. If no objection is made to the executive director's initial determination, it shall become final ten days after publication as set forth in this paragraph. (e) Any interested party objecting to the determination may, within ten days of the newspaper publication, object to such determination and appeal to the executive director by letter for reconsideration. Following such reconsideration, if requested, the executive director shall serve notice upon the agency of the signatory party, the applicant and each such objector of his/her determination. Any such party may appeal such final determination to the commission by notice in writing served upon the executive director within 14 days after the service of the executive director's decision upon reconsideration. The commission will determine such appeal at a regular meeting thereafter. (a) Sponsors of projects requiring the review and approval of the commission under §803.4, or determined to require the approval of the commission under §803.22, shall, prior to the time the project is undertaken, submit an application to the commission. The application shall be submitted to the commission at its headquarters, 1721 N. Front Street, Harrisburg, Pennsylvania 17102–2391, and shall contain the information prescribed in §803.24. (b) An application shall not be deemed to be pending before the commission until such time as the information required under §803.24 has been provided and any applicable fee has been paid. (c) As determined from applications or otherwise, the commission shall review and either approve, approve with conditions or modifications, or disapprove such projects. (a) Applications shall be submitted on forms prescribed by the commission. (b) If no forms are prescribed by the commission for a particular type of project, the sponsor shall submit an application addressing the following items applicable to the project: (1) Identification of sponsor and name of person authorized to speak for the sponsor. (2) Description of project and site in terms of: (i) Water use and availability. (ii) Engineering feasibility. (iii) Ability of sponsor to fund the project or action. (iv) Project location. (v) Project purpose. (vi) Identification and description of reasonable alternatives, the extent of their economic and technical investigation, and an assessment of their potential environmental impact. In the case of a proposed diversion, the sponsor should include information: (A) Detailing the efforts that have been made to develop its own in-basin sources of water; and (B) Demonstrating that the proposed diversion will not have substantial adverse effects on the ability of the Susquehanna River basin to meet its own water needs. (vii) Supporting studies, reports and other information upon which assumptions and assertions have been based. (viii) Compatibility of proposed project with existing and anticipated uses. (ix) Plans for avoiding or compensating for consumptive use during low flow periods. (x) Anticipated impact of the proposed project on: (A) Flood damage potential considering the location of the project with respect to the flood plain and flood hazard zones; (B) Surface water characteristics (quality, quantity, flow regimen, other hydrologic characteristics); (C) Recreation potential; (D) Fish and wildlife (habitat quality, kind and number of species); (E) Natural environment uses (scenic vistas, natural and manmade travel corridors, wild and wilderness areas, wild, scenic and recreation rivers); (F) Site development considerations (geology, topography, soil characteristics, adjoining and nearby land uses, adequacy of site facilities); and (G) Historical, cultural and archaeological impacts. (3) Governmental considerations: (i) Need for governmental services or finances. (ii) Commitment of government to provide services or finances. (iii) Status of application with other governmental regulatory bodies. (4) Project estimated completion date and estimated construction schedule. (c) A report about the project prepared for any other purpose, or an application for approval prepared for submission to a signatory party, may be accepted by the commission provided the said report or application addresses the applicable items listed in paragraph (b) of this section. (a) The project sponsor shall, within ten days of the submission of an application to the commission, notify area and regional news media, the municipality(ies) in which the project is situated, the county planning agency of the county(ies) in which the project is situated, and contiguous property owners that an application has been submitted to the commission. The commission shall compile a list of additional interested parties who comment on the application, request a hearing or make inquiries concerning the application. The project sponsor shall also publish at least once in a newspaper of general circulation in that municipality a notice of the submission of the application which contains a sufficient description of the project, its purpose and its location. Both the notification and the notice shall contain the address and phone number of the commission. (b) The project sponsor shall provide the commission with a copy of the return receipt for the required municipal notification and a proof of publication for the required newspaper notice. The project sponsor shall also provide certification on a form provided by the commission that it has made such other notifications as required under paragraph (a) of this section. Until these items are provided to the commission, processing of the application will not proceed. (a) The commission's staff shall review the application, and if necessary, request the sponsor to provide any additional information that is deemed pertinent for proper evaluation of the project. The staff review shall include: (1) Determination of completeness of the application. An application deemed incomplete will not be processed. (2) Identification of the issues pertinent to commission review. (3) Assessment of the project's compatibility with the compact, comprehensive plan, and with the other requirements of this part. (4) Consultation with the project sponsor if requested or deemed necessary. (5) Determination of the appropriate application fee in accordance with the commission's project review fee schedule and the transmission of a billing to the project sponsor for that fee. Applications will not be presented to the commission for review and action until such application fee has been paid. (6) Formal docketing of the project and, within 90 days of receipt of a complete application, presentation to the commission along with the recommendations of the staff for disposition of the application. The executive director may, for good cause, extend this review period for up to an additional 60 days. Any further extension must be approved by the commission. (b) If the project sponsor fails to respond to the commission's request for additional information, the commission may notify the project sponsor that the application process has been terminated. To reactivate the closed file, the project sponsor shall reapply and may be required to submit new or updated evaluations. In the event of an emergency requiring immediate action to protect the public health, safety and welfare or to avoid substantial and irreparable injury to any person, property, or natural resources and the circumstances do not permit a review and determination in the regular course of the regulations in this part, the executive director, with the concurrence of the chairperson of the commission and the member from the affected signatory state, may issue an emergency certificate authorizing a project sponsor to take such action as the executive director may deem necessary and proper in the circumstances, pending review and determination by the commission as otherwise required by this part. The commission may, by separate resolution, establish and modify fees for the submission and processing of applications and for the monitoring of project compliance with this part. (a) Approvals issued under this part shall have a duration equal to the term of any accompanying signatory license or permit regulating the same subject matter. If there is no such accompanying license or permit or if no term is specified in such accompanying license or permit, the duration of a commission approval issued under this part shall be 25 years. The commission, upon its own motion or that of a project sponsor, may modify this duration in consideration of such factors as the time needed to amortize a project investment, the time needed to secure project financing, the potential risks of interference with an existing project, and other equitable factors. Unless there is an accompanying signatory license or permit regulating the same subject matter and specifying a duration, the 25 year duration for projects previously approved by the commission under this part shall commence five years from the date on which such projects were initially approved. (b) For projects that have been approved by the commission but not implemented, approval by the commission under this part shall expire three years from the date of commission action. Likewise, if the use of a project is discontinued for such a period of time and under such circumstances that an abandonment of the project may reasonably be inferred, the commission may rescind a prior approval for such abandoned project. In either case, an approval may be extended or renewed by the commission upon request. (c) The sponsors of projects previously approved by the commission should apply for renewal of their approvals no later than six months prior to the expiration of their previous approval. Such applications for renewal shall be reviewed under the same procedures and standards as for newly proposed projects. Approvals by the commission are transferable to new owners of projects, provided that the transferors or the transferees notify the commission of the transfer either before or within 60 days after the date of the transfer and that the new owners, within 30 days of being requested to do so by the commission, submit in writing their intention to comply with all conditions of the project's docket approval and assume all other associated obligations. The commission may waive or extend any of these deadline periods for good cause. Once approved, the commission, upon its own motion, or upon application of the project sponsor or any interested party, may at any time reopen any project docket and make additional orders that may be necessary to mitigate or avoid adverse impacts or to otherwise protect the public health, safety, and welfare or natural resources. Whenever an application for reopening is filed by an interested party, the burden shall be upon that interested party to show, by a preponderance of the evidence, that a substantial adverse impact or a threat to the public health, safety or welfare exists that warrants reopening of the docket. Before such application may be submitted to the commission for action, the executive director shall first determine that an interested party has made out a prima faci case favoring the reopening of the docket. The executive director shall inform the commission of any negative finding in this regard so that the commission is afforded the opportunity to over-rule his/her decision. The commission may, by resolution, establish interest to be paid on all overdue or outstanding fees of any nature that are payable to the commission. The purpose of this subpart is to set forth standards that shall be used by the commission to evaluate proposed projects pursuant to §§803.4 and 803.5, and to establish special standards applicable to certain water withdrawals and consumptive uses irrespective of whether such withdrawals and consumptive uses are subject to project review pursuant to Section 3.10 of the compact. General standards applying to all projects and special standards applying to certain types of projects are set forth in this subpart. This subpart does not identify all the aspects of a proposed project that will be evaluated, nor should it be construed as a self-imposed limitation upon the commission's authority and scope of review. The special standards established pursuant to Section 3.4 (2) of the compact shall be applicable to all water withdrawals and consumptive uses in accordance with the terms of those standards, irrespective of whether such withdrawals and uses are also subject to project review under Section 3.10 of the compact. (a) A project shall not be detrimental to the proper conservation, development, management, or control of the water resources of the basin. (b) The commission may modify and approve as modified, or may disapprove, a project if it determines that the project is not in the best interest of the conservation, development, management, or control of the basin's water resources, or is in conflict with the comprehensive plan. (a) Requirement. (1) Compensation shall be required for consumptive uses of water during periods of low flow. Compensation is required during periods of low flow for the purposes set forth in §803.2. (i) Surface water source. Compensation in an amount equal to the project's total consumptive use shall be required when the streamflow at the point of taking equals or is anticipated to equal the low flow criterion which is the 7-day 10-year low flow plus the project's total consumptive use and dedicated augmentation. The commission reserves the right to apply a higher low flow criterion for a particular stream reach when it finds, as the result of evidence presented at a public hearing that it is needed to serve the purposes outlined in paragraph (b)(1) of this section. (ii) Ground-water source. Compensation for the project's consumptive use of ground water shall be required when the stream flow is less than the applicable low flow criterion. For the purposes of implementing this regulation, the commission will identify the appropriate stream gaging station for determining the applicable low flow. (2) Consumptive uses by a project not exceeding an average of 20,000 gpd for any consecutive thirty-day period from surface or groundwaters are exempt from the requirement unless such uses adversely affect the purposes outlined in paragraph (b)(1) of this section. (b) Method of Compensation. (1) Methods of compensation acceptable to the commission will depend upon the character of the project's source of water supply and other factors noted in this paragraph (b)(1). (i) The required amount of compensation shall be provided by the applicant or project sponsor at the point of taking (for a surface source) or another appropriate site as approved by the commission to satisfy the purposes outlined in this paragraph (b) (1). If compensation for consumptive use from a surface source is to be provided upstream from the point of taking, such compensation shall reasonably assure no diminution of the flow immediately downstream from the point of taking which would otherwise exist naturally, plus any other dedicated augmentation. (ii) Compensation may be provided by one, or a combination of the following: (A) Construction or acquisition of storage facilities. (B) Purchase of available water supply storage in existing public or private storage facilities, or in public or private facilities scheduled for completion prior to completion of the applicant's project. (C) Purchase of water to be released as required from a water purveyor. (D) Releases from an existing facility owned and operated by the applicant. (E) Use of water from a public water supplier utilizing raw water storage that maintains a conservation release or flow-by, as applicable, of Q7–10 or greater at the public water supplier's point of taking. (F) Ground water. (G) Purchase and release of waters stored in other subbasins or watersheds. (H) Other alternatives. (2) Alternatives to compensation may be appropriate such as discontinuance of that part of the project's operation that consumes water, imposition of conservation measures, utilization of an alternative source that is unaffected by the compensation requirement, or a monetary payment to the commission in an amount to be determined by the commission from time-to-time. (3) The commission shall, in its sole discretion, determine the acceptable manner of compensation or alternatives to compensation, as applicable, for consumptive uses by a project. Such a determination will be made after considering the project location, anticipated amount of consumptive use and its effect on the purposes set forth in §803.2 of this part, and any other pertinent factors. (c) Quantity of consumptive use. For purposes of evaluating a proposed project, the commission shall require estimates of anticipated consumptive use from the project sponsor. The commission, as part of the project review, shall evaluate the proposed methodology for monitoring consumptive losses and compensating flows including flow metering devices, stream gages, and other facilities used to measure the consumptive use of the project or the rate of streamflow. If the commission determines that additional flow measuring devices are required, these shall be provided at the expense of the project sponsor and shall be subject to inspection by the commission at any time. When the project is operational, the commission shall be responsible for determining when compensation is required and shall notify the project sponsor accordingly. The project sponsor shall provide the commission with periodic reports in the time and manner as it requires showing actual consumptive uses associated with the project. The commission may use this data to modify, as appropriate, the magnitude and timing of the compensating releases initially required when the project was approved. (d) Quality of compensation water. The physical, chemical and biological quality of water used for compensation shall at all times meet the quality requirements for the purposes listed in §803.2, as applicable. (e) Effective date. Notwithstanding the overall effective date for other portions of this part set forth in §803.1(e), this section shall apply to all consumptive uses initiated on or after January 23, 1971, the effective date of the compact. (f) Public water suppliers, except to the extent that they are diverting the waters of the basin, shall be exempt from the requirements of this section; provided, however, that nothing in this section shall be construed to exempt individual consumptive users connected to any such public water supply system from the requirements of this section. (a) Requirement. (1) With respect to projects coming into existence on or after the effective date of this section, any project sponsor proposing to withdraw from a ground-water source in excess of an average of 100,000 gpd for any consecutive thirty-day period, proposing to increase a withdrawal to more than an average of 100,000 for any consecutive thirty-day period or proposing to increase a withdrawal above that amount which was previously approved by the commission, shall apply for approval pursuant to subpart B of this part. These withdrawals may be denied or may be limited by the commission to the amount (quantity and rate) of ground water that is needed to meet the reasonably foreseeable needs of the project sponsor and that can be withdrawn from an aquifer or aquifer system without causing adverse lowering of ground-water levels, rendering competing supplies unreliable, causing water quality degradation that may be injurious to any existing or potential ground or surface water use, causing permanent loss of aquifer storage capacity, or having a substantial adverse impact on low flow of perennial streams. (2) With respect to projects withdrawing any quantity of water prior to the effective date of this section, any project sponsor proposing to increase the said withdrawal in excess of 100,000 gpd above that which such project was withdrawing prior to the said effective date, shall apply for approval pursuant to subpart B of this part. (3) After obtaining approval for the withdrawal pursuant to this paragraph, the sponsor shall also comply with metering, monitoring and reporting requirements as set forth in this section. (b) Withdrawal application. Information required by the commission is specified in the commission's ground-water withdrawal application and includes but is not limited to the results of a constant rate pumping test. Review and approval by SRBC staff of the test procedures to be used by the applicant are necessary before the test is started. (c) Metering. Projects approved under this section shall meter all approved ground-water withdrawals. The meters shall be accurate to within 5 percent of the actual flow. (d) Monitoring and reporting. (1) Monitoring and periodic reporting of water levels, well production, and ground-water quality are required of all approved ground-water withdrawals. The required information is listed in Form SRBC #30 (Ground-water Withdrawal Reporting Form) and includes but is not limited to the following: (i) Ground-water levels shall be measured weekly in all approved production wells and reported to the commission annually. Additional water level measurements may be required in one or more observation wells as determined by the commission. (ii) Production from approved ground-water sources shall be recorded weekly and reported to the commission annually. (iii) Samples of ground water for water quality analysis shall be obtained and the results reported to the commission every three years. The required chemical constituents to be included in the analysis are listed in Form SRBC #30. (2) The information in paragraph (d)(1) of this section may be provided to the commission either on Form SRBC #30 or other similar document containing all of the required information. (e) Planning. If projections indicate that a project's ground-water supply will be constrained in the future by either the quantity or quality of available ground water, the commission may, in its discretion, require the submission of a water resource development plan prior to accepting any new withdrawal applications for the same or related projects. (f) Interference with existing withdrawals. If review of the application or substantial data demonstrates that operation of a proposed ground-water withdrawal will significantly affect or interfere with an existing ground-water or surface water withdrawal, the project may be denied or the project sponsor may be required to provide, at its expense, an alternate water supply or other mitigating measures. (g) Effective date. Notwithstanding the overall effective date for other portions of this part set forth in §803.1(e), this section shall apply to all ground-water withdrawals initiated on or after July 13, 1978. (a) Requirement. (1) With respect to projects coming into existence on or after the effective date of this section, any project sponsor proposing to withdraw either directly or a public water supplier proposing to withdraw indirectly (through another user) from a surface source in excess of an average of 100,000 gpd for any consecutive thirty-day period, proposing to increase a withdrawal to more than an average of 100,000 gpd for any consecutive thirty-day period or proposing to increase a withdrawal above that amount which was previously approved by the commission, shall obtain commission approval of the withdrawal. These withdrawals may be denied or may be limited by the commission to the amount (quantity and rate) of water that is needed to meet the reasonably foreseeable needs of the project sponsor and that can be withdrawn without causing adverse lowering of streamflow levels, rendering competing supplies unreliable, causing water quality degradation that may be injurious to any existing or potential water use, adversely affecting fish, wildlife or other living resources or their habitat, or having a substantial adverse impact on the low flow of perennial streams. (2) With respect to projects withdrawing any quantity of water prior to the effective date of this section, any project sponsor proposing to increase the said withdrawal in excess of 100,000 gpd above that which such project was withdrawing prior to the said effective date, shall apply for approval pursuant to subpart B of this part. (3) Any sponsor of a project subject to this section shall complete a surface water withdrawal application. After obtaining approval under this section, the sponsor shall comply with metering, monitoring, and conservation requirements as set forth in this section. (b) Withdrawal application. Information required by the commission is specified in the commission's application for withdrawal from surface water sources. (c) Metering. Project sponsors shall meter or use other suitable methods of measuring surface withdrawals approved under this section. The meters shall be accurate to within 5 percent of the actual flow. (d) Monitoring and reporting. Monitoring and periodic reporting of surface water withdrawals approved under this section is required. The required information includes but is not limited to the following: (1) Daily, weekly, or monthly records of withdrawals by source, as specified by the commission, and reported annually; (2) Description of conservation activity; and (3) Records of releases or flowby for instream protection reported annually. (e) Planning. If projections indicate that a project's surface water supply will be constrained in the future by either the quantity or quality of available surface water, the commission may, in its discretion, require the submission of a water resource development plan prior to accepting any new withdrawal applications for the same or related projects. (f) Interference with existing withdrawals. If review of the application or substantial data demonstrates that operation of a proposed surface water withdrawal will significantly affect or interfere with an existing ground-water or surface water withdrawal, the project may be denied or the project sponsor may be required to provide, at its expense, an alternate water supply or other mitigating measures. (g) Effective date. This section shall be effective six months after the effective date set forth in §803.1(e), except for projects previously reviewed and approved by the commission under the general authority of section 3.10 of the compact. Commission authority shall continue over such previously approved projects. (h) Hydroelectric projects. Hydroelectric projects, except to the extent that such projects constitute a withdrawal, shall be exempt from the requirements of this section; provided, however, that nothing in this paragraph shall be construed as exempting hydroelectric projects from review and approval under any other category of project requiring review and approval as set forth in §§803.4 and 803.5.
Title 18: Conservation of Power and Water Resources
PART 803—REVIEW AND APPROVAL OF PROJECTS
Section Contents
§ 803.1 Introduction.
§ 803.2 Purposes.
§ 803.3 Definitions.
§ 803.4 Projects requiring review and approval.
§ 803.5 Projects which may require review and approval.
§ 803.6 Concurrent project review by signatory parties.
§ 803.7 Waiver/modification.
§ 803.20 Purpose of this subpart.
§ 803.21 Preliminary consultations.
§ 803.22 Request for determination.
§ 803.23 Submission of application.
§ 803.24 Contents of application.
§ 803.25 Notice of application.
§ 803.26 Staff review/action/recommendations.
§ 803.27 Emergencies.
§ 803.28 Application/monitoring fees.
§ 803.30 Duration of approvals.
§ 803.31 Transferability of approvals.
§ 803.32 Reopening/modification.
§ 803.33 Interest on fees.
§ 803.40 Purpose of this subpart.
§ 803.41 General standards.
§ 803.42 Standards for consumptive uses of water.
§ 803.43 Standards for ground-water withdrawals.
§ 803.44 Standards for surface water withdrawals.
Subpart A—General Provisions
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§ 803.1 Introduction.
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§ 803.2 Purposes.
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§ 803.3 Definitions.
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§ 803.4 Projects requiring review and approval.
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§ 803.5 Projects which may require review and approval.
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§ 803.6 Concurrent project review by signatory parties.
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§ 803.7 Waiver/modification.
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Subpart B—Application Procedure
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§ 803.20 Purpose of this subpart.
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§ 803.21 Preliminary consultations.
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§ 803.22 Request for determination.
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§ 803.23 Submission of application.
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§ 803.24 Contents of application.
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§ 803.25 Notice of application.
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§ 803.26 Staff review/action/recommendations.
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§ 803.27 Emergencies.
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§ 803.28 Application/monitoring fees.
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Subpart C—Terms and Conditions of Approval
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§ 803.30 Duration of approvals.
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§ 803.31 Transferability of approvals.
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§ 803.32 Reopening/modification.
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§ 803.33 Interest on fees.
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Subpart D—Standards for Review and Approval/Special Standards
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§ 803.40 Purpose of this subpart.
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§ 803.41 General standards.
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§ 803.42 Standards for consumptive uses of water.
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§ 803.43 Standards for ground-water withdrawals.
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§ 803.44 Standards for surface water withdrawals.
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