(2) The
registrant shall comply with the following conditions on a registered
withdrawal when imposed by the Department in a registration statement:
(b) the accurate
recording and reporting annually of the quantity of the water that is being
withdrawn; and
(c) restrictions on
Nonessential Outdoor Water Use as follows:
1.
For withdrawals not described in
310
CMR 36.07(2)(c)2. or 3., as
soon as possible but no later than 24 months after issuance of the registration
statement, the registrant shall establish enforceable restrictions limiting
nonessential outdoor water use. Such restrictions shall be in place during a
drought declaration by the Secretary for the drought region, county or
watershed where the registrant's withdrawals are located, and nonessential
outdoor water use shall be restricted as follows:
a.
Level 1 (Mild
Drought). All nonessential outdoor water uses restricted to no
more than one day per week, before 9:00 A.M. and after 5:00 P.M., except that
watering of ornamentals and flower gardens with drip irrigation, hand-held hose
or watering cans may be permitted.
b.
Level 2 (Significant
Drought). All nonessential outdoor water uses banned, except that
watering of ornamentals and flower gardens with drip irrigation, hand-held hose
or watering cans may be permitted.
c.
Level 3 (Critical Drought) or
Level 4 (Drought Emergency). All nonessential outdoor water uses
are banned.
2. For
withdrawals for the maintenance of golf course greens, tees, fairways, and
roughs during a drought declaration by the Secretary for the drought region,
county or watershed where the registrant's withdrawals are located, registrants
shall comply with the following restrictions on nonessential outdoor water use:
a.
Level 1 (Mild
Drought). Irrigation of fairways shall be reduced to 80% of
normal, irrigation of roughs shall be reduced to 50% of normal, and there shall
be no irrigation of landscaping and ornamentals.
b.
Level 2 (Significant
Drought). Irrigation of fairways shall be reduced to 60% of
normal, and there shall be no irrigation of roughs, landscaping and
ornamentals.
c.
Level 3
(Critical Drought) or Level 4 (Drought Emergency). Irrigation of
fairways shall be reduced to 40% of normal, and there shall be no irrigation of
roughs, landscaping and ornamentals.
3. A registrant that only withdraws from
surface water supplies with Multi-Year Drought Storage, as determined by the
Department, may implement nonessential outdoor water use restrictions in
accordance with an accepted drought management plan instead of the restrictions
described in
310
CMR 36.07(2)(c)1. Such
registrants shall submit a plan for acceptance within two years of their first
registration renewal after [date of promulgation] and shall submit an updated
plan with each renewal registration request thereafter. The Department will
accept plans that establish nonessential outdoor use restrictions that are
sufficiently protective of public health and safety, reservoir capacity, and
any required releases, and that meet the following criteria:
a. drought stages determined by:
i. actual or modeled historical reservoir
levels used to trigger drought stages using a time series that includes the
system drought of record; or
ii.
days of supply remaining based on reservoir volume and days of supply remaining
at seasonal levels of demand with low inflow and precipitation; or
iii. predicted reservoir drawdown and refill
probabilities determined using software and/or appropriate models; or
iv. a functionally equivalent method to
310
CMR 36.07(2)(c)3.a.i., ii.
or iii.;
b. response
actions triggered at each drought stage including, but not limited to,
enforceable restrictions limiting nonessential outdoor water use;
c. protocols for communicating drought stages
and enforceable restrictions to the public, the Department, and other state and
local officials;
d. a strategy for
establishing local enforcement authority and penalties for violations of the
restrictions;
e. a system to
monitor and document water use reductions; and
f. details of any required reservoir release
established by statute, regulation, permit or other approval issued by a state
or federal agency.
4. For
withdrawals described in
310
CMR 36.07(2)(c)1. and 2.,
restrictions at least as restrictive as those in
310
CMR 36.07(2)(c)1. and 2.,
respectively, shall remain in place for the declared drought level until the
drought level is changed by the Secretary.
5. Nothing in the registration shall prevent
the registrant from implementing nonessential outdoor water use restrictions
that are more stringent than those set forth in
310
CMR 36.07(2)(c)1. through
4.
6. If the registrant holds both
a registration and a permit that include seasonal restriction on nonessential
outdoor water use, then the nonessential outdoor water use restrictions in the
permit shall be controlling.