Justia Regulation Tracker

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[Federal Register: January 8, 2008 (Volume 73, Number 5)]
[Rules and Regulations]               
[Page 1272-1273]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ja08-4]                         

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SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Parts 806 and 808

 
Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission (SRBC).

ACTION: Final rule.

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SUMMARY: This document contains amendments to project review 
regulations. These amendments include language clarifying the 
definition of ``agricultural water use,'' and providing a qualified 
exception to the consumptive use approval requirements for agricultural 
water use projects. Also, an error in the ``Authority'' citation for 
Part 808 is corrected.

DATES: These rules are effective March 15, 2008.

ADDRESSES: Susquehanna River Basin Commission, 1721 N. Front Street, 
Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, 
717-238-0423; Fax: 717-238-2436; e-mail: rcairo@srbc.net. Also, for 
further information on the final rulemaking, visit the Commission's Web 
site at http://www.srbc.net.

SUPPLEMENTARY INFORMATION:

Background and Purpose of Amendments

    Since 1995, SRBC has continued to suspend the application of its 
consumptive use regulation to agricultural water uses pending the 
implementation of a mitigation method that is more suited to 
agriculture's unique circumstances.
    The Commission's member states have taken definitive steps to 
support projects that will provide storage and release of water to 
mitigate agricultural water use in their jurisdictions and thus satisfy 
the standards for consumptive use mitigation set forth in 18 CFR 
806.22. The final rulemaking will amend 18 CFR 806.4 (a)(1) to provide 
an exception for agricultural water use projects from the consumptive 
use review and approval requirements of 18 CFR 806.4 (a)(1) and (3), 
unless water is diverted for use beyond lands that are at least 
partially in the basin, and provided the Commission makes a 
determination that the state-sponsored projects are sufficient to meet 
the consumptive use mitigation standards contained in 18 CFR 806.22.
    A second amendment clarifies the definition of ``agricultural water 
use'' in 18 CFR 806.3, 806.4 and 806.6 by inserting the word 
``products'' after the word ``turf.'' This will clarify that the 
maintenance of turf grass as part of a project or facility, such as a 
golf course, does not constitute an agricultural water use. Only the 
raising of turf products for sale such as sod would constitute an 
agricultural water use with this clarification.
    A third amendment corrects an error made as part of the December 5, 
2006 rulemaking in the ``Authority'' citation to Part 808 by replacing 
the erroneous Sec. 3.5 (9) with the correct Sec. 3.4 (9).
    The Commission convened a public hearing on November 7, 2007 in 
Williamsport, PA and held the comment

[[Page 1273]]

period open until November 15, 2007. No public comments were received.

List of Subjects in 18 CFR Parts 806 and 808

    Administrative practice and procedure, Water resources.

0
Accordingly, for the reasons set forth in the preamble, 18 CFR parts 
806 and 808 are amended as follows:

PART 806--REVIEW AND APPROVAL OF PROJECTS

Subpart A--General Provisions

0
1. The authority citation for part 806 continues to read as follows:

    Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

0
2. In Sec.  806.3, revise the definition of ``agricultural water use'' 
to read as follows:

Sec.  806.3  Definitions.

* * * * *
    Agricultural water use. A water use associated primarily with the 
raising of food, fiber or forage crops, trees, flowers, shrubs, turf 
products, livestock and poultry. The term shall include aquaculture.
* * * * *

0
3. In Sec.  806.4, revise paragraph (a)(1) introductory text, paragraph 
(a)(3) introductory text, and paragraph (b)(3) to read as follows:

Sec.  806.4  Projects requiring review and approval.

    (a) * * *
    (1) Consumptive use of water. Any consumptive use project described 
below shall require an application to be submitted in accordance with 
Sec.  806.13, and shall be subject to the standards set forth in Sec.  
806.22, and, to the extent that it involves a withdrawal from 
groundwater or surface water, shall also be subject to the standards 
set forth in Sec.  806.23. Except to the extent that they involve the 
diversion of the waters of the basin, public water supplies shall be 
exempt from the requirements of this section regarding consumptive use; 
provided, however, that nothing in this section shall be construed to 
exempt individual consumptive users connected to any such public water 
supply from the requirements of this section. Provided the commission 
determines that low flow augmentation projects sponsored by the 
commission's member states provide sufficient mitigation for 
agricultural water use to meet the standards set forth in Sec.  806.22, 
and except as otherwise provided below, agricultural water use projects 
shall not be subject to the requirements of this paragraph (a)(1). 
Notwithstanding the foregoing, an agricultural water use project 
involving a diversion of the waters of the basin shall be subject to 
such requirements unless the property, or contiguous parcels of 
property, upon which the agricultural water use project occurs is 
located at least partially within the basin.
* * * * *
    (3) Diversions. Except with respect to agricultural water use 
projects not subject to the requirements of paragraph (a)(1) of this 
section, the projects described below shall require an application to 
be submitted in accordance with Sec.  806.13, and shall be subject to 
the standards set forth in Sec.  806.24. The project sponsors of out-
of-basin diversions shall also comply with all applicable requirements 
of this part relating to consumptive uses and withdrawals.
* * * * *
    (b) * * *
    (3) Transfer of land used primarily for the raising of food, fiber 
or forage crops, trees, flowers, shrubs, turf products, livestock, or 
poultry, or for aquaculture, to the extent that, and for so long as, 
the project's water use continues to be for such agricultural water use 
purposes.
* * * * *

0
4. In Sec.  806.6, revise paragraph (b)(3) to read as follows:

Sec.  806.6  Transfers of approval.

* * * * *
    (b) * * *
    (3) A project involving the transfer of land used primarily for the 
raising of food, fiber or forage crops, trees, flowers, shrubs, turf 
products, livestock or poultry, or for aquaculture, to the extent that, 
and for so long as, the project's water use continues to be for such 
agricultural water use purposes.
* * * * *

PART 808--HEARINGS AND ENFORCEMENT ACTIONS

0
5. Revise the authority citation for part 808 to read as follows:

    Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 
91-575, 84 Stat. 1509 et seq.
* * * * *

    Dated: December 17, 2007.
Paul O. Swartz,
Executive Director.
[FR Doc. E8-23 Filed 1-7-08; 8:45 am]

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