Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 36.00 - Massachusetts Water Resources Management Program
Section 36.26 - Application Review
Universal Citation: 310 MA Code of Regs 310.36
Current through Register 1537, December 20, 2024
(1) In reviewing an application, the Department shall consider at least the following:
(a) the water available within the safe yield
as determined by the Department in accordance with
310 CMR 36.13 and
36.27(4);
(b) the impact of the proposed withdrawal on
other withdrawal points and on other water sources that are hydrologically
interconnected with the water source from which the withdrawal is to be
made;
(c) the impact of the
withdrawal on the biological category, groundwater withdrawal category or
seasonal groundwater withdrawal category of the subbasin(s) from which it will
be made, in accordance with
310 CMR
36.19;
(d) the extent to which the applicant meets
the applicable permit tier requirements in
310 CMR 36.21(3)
and (4) and the coldwater fish resources,
minimization, and mitigation planning requirements in
310
CMR 36.22;
(e) the anticipated times of year when the
withdrawal is or will be made, and any projected changes in the withdrawal
during the permit term;
(f)
reasonable protection of water uses, land values, investments and enterprises
that are dependent on previously registered, permitted or otherwise authorized
withdrawals;
(g) the use to be made
of the water proposed to be withdrawn and other existing, presently permitted,
or projected uses of the water source from which the withdrawal is to be
made;
(h) where available, the
approved water resources management plan for any city or town in which the
withdrawal is located and where different, for any city or town in which the
withdrawal is to be used;
(i) any
state water resources management plan adopted by the Commission;
(j) reasonable conservation practices and
measures, including any water conservation and water use efficiency standards
adopted by the Commission, or where the Commission has not established such
standards, other industry-specific best management practices appropriate to the
permitted water use;
(k) reasonable
protection of public drinking water supplies, water quality, wastewater
treatment capacity, groundwater recharge areas, navigation, hydropower
resources, water-based recreation, wetland habitat, fish and wildlife,
agriculture and floodplains;
(l)
the impact of the proposed withdrawal on reasonable economic development and
the creation of jobs in the Commonwealth;
(m) comments received during the public
comment period; and
(n) other state
and Federal statutes.
(2) If the Department determines that an increase in withdrawals smaller than that requested by the applicant is appropriate to protect significant and valuable environmental resources or to protect the public health, safety or welfare, then the Department may impose limitations on the proposed withdrawal, including but not limited to denial or reduction of the requested volume, offsets, management plans and operational restrictions and other conditions it deems necessary to further the interests of M.G.L. c. 21G and 310 CMR 36.00.
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