Current through September 24, 2024
A.
Scope and
Applicability - All water, whether occurring on the surface of the
ground or underneath the surface of the ground, has been declared by statute to
be among the basic resources of this state and subject to this regulation
governing control, development, and use of water for all beneficial purposes.
No person who is not specifically exempted by statute and this regulation shall
use water without having first obtained a permit as provided herein and without
having otherwise complied with the provisions of this regulation and any
applicable permit conditions. Any person committing resources toward the
construction of a withdrawal/diversion point prior to obtaining a water use
permit shall do so at their own risk and shall not use water obtained through
operation of such withdrawal/diversion point without having first obtained a
permit for such use. Measures set forth in this regulation have been
promulgated by the commission to effectively and efficiently conserve, manage,
protect and utilize the water resources of Mississippi. In order to protect and
preserve the groundwater resources of the state, the Commission may declare
that mining of an aquifer is occurring in any area of the state where
withdrawal of groundwater is adversely affecting the quality or quantity of
water available for beneficial use; is adversely affecting other natural
resources of the state that are either hydrologically interconnected with the
aquifer, or are dependent upon discharges from the aquifer as a source of
water; is posing a threat to the health, safety, or general welfare of the
public by jeopardizing sustainable sources of water; or is posing a substantial
threat to the long-term viability of the aquifer as a source of groundwater.
The Commission may also designate and delineate "special water use areas" where
water resources including surface water, groundwater, or both are inadequate to
meet present or reasonably foreseeable needs. However, the lack of a specific
Commission declaration, designation, or delineation of a "special water use
area" will in no way diminish the authority of the Commission to issue
necessary orders, or of the Permit Board to deny permits found to be contrary
to the public interest, to attach conditions to issued permits as required, or
to take any other action with regard to an individual permit or application for
permit as set forth in other sections of this regulation. If the Permit Board
takes such an action in the absence of a specific Commission declaration,
designation, or delineation of a "special water use area," the Permit Board
will specify the scientific or other public policy basis for its action in the
minutes of the Permit Board meeting and, where applicable, within the permit
document itself.
B.
Designation of Special Water Use Areas - The
Commission shall issue a water use warning or declare and delineate a water use
caution area for any area of the state where existing water resources,
including surface water, groundwater, or both, are inadequate to meet present
or reasonably foreseeable needs; or if mining of an aquifer is occurring. Under
normal circumstances, the Commission will not designate a water use caution
area without first attempting to address a problem through the water use
warning procedure. The water use warning procedure generally involves the
regulated public, stakeholders, and other interested parties and organizations
in a collaborative effort to formulate a plan and timetable to resolve the
problem and seeks a cooperative, voluntary approach to plan implementation.
However, the decision whether to issue a water use warning or, instead, to
declare a water use caution area, shall be made pursuant to the criterion
stated in Miss. Code Ann. Section
51-3-11(2)(a)
and (3)(a) as to whether time allows the
development of a solution through the water use warning process or prompt and
immediate action is required to protect the resource, thus requiring the
declaration and delineation of a water use caution area.
(1)
Water Use Warning
Area Mississippi Department of Environmental Quality monitors
water levels and water quality parameters in aquifers at regular intervals and
utilizes data from stream gaging stations, water quality monitoring stations,
reports of other state and federal agencies, and historic stream flow records
on surface waters to assess the quality and availability of water for present
and projected beneficial uses in various regions of the state. The Commission
may issue a water use warning when analysis of available scientific data
identifies unacceptable trends that may lead to possible adverse long-term
conditions affecting the water resources of the state. Actions that may be
taken after a water use warning is issued include, but are not limited to, the
following:
(a) Coordinating with the permit
holders, political subdivisions, and water management districts within the area
to develop a plan and implementation schedule for alleviating or correcting the
conditions, if possible, or to safeguard supplies of water for highest priority
uses if necessary;
(b) Sending
notice to all permit holders, political subdivisions, and water management
districts within the affected area. The notice will describe the conditions
that required the issuance of the warning, set forth the proposed corrective
measures, request assistance from all recipients in implementing the identified
corrective measures, and request voluntary compliance with the proposed
corrective measures from the permit holders;
(c) Reducing permitted volumes of water
through either voluntary permittee agreement to implement water conservation
practices and a conjunctive use plan, or modification of existing permits to
mandate such action by the permittee;
(d) Establishing a monitoring network to
verify effectiveness of implementation of the plan; and
(e) Requiring metering and/or reporting for
all water uses within the affected area, regardless of whether the use may have
been previously exempted from regulation and reporting.
(2)
Water Use Caution Area
- The Commission may establish, after notice and hearing, a water
use caution area when it is evident from analysis of available scientific data
that the actions implemented through the water use warning process will not
achieve the desired results in a timely manner; or when analysis of available
scientific data indicates prompt and immediate action is required to protect
the water resources. Actions that may be taken after a caution area is
established include, but are not limited to, the following:
(a) Developing a plan, including an
implementation schedule, to alleviate or correct the conditions;
(b) Declaring a moratorium on processing new
applications for groundwater withdrawal or surface water diversion permits in
the caution area;
(c) Reducing
permitted volumes of water through modification of existing permits and
issuance of orders by the Commission to restrict water usage in the affected
area; and
(d) Requiring metering
and water use reporting for all wells and/or diversion points in the area.
If the Commission orders the establishment of a water use
caution area, the Commission shall, within one hundred twenty (120) days
following entry of the order, adopt regulations consistent with Miss. Code Ann.
Title 51, Chapter 3 and commensurate with the necessary degree of control
pursuant to its regulatory authority in Miss. Code Ann. Section
51-3-25.
C.
Basic Requirements - No person may initiate use of
groundwater or surface water, or commence construction of a surface water
impoundment until an appropriate groundwater or surface water use permit, or a
surface water permit for storage or use of water from an impoundment as
required by Miss. Code Ann. Section
51-3-39
paragraph (1)(c), has been issued by the Permit Board, or its designee. This
requirement does not apply to properly authorized emergency situations
discussed in Rule 1.2.K-Emergency Authorizations, to
exempted surface water diversions discussed in Rule
1.3.A or to exempted groundwater withdrawals discussed in
Rule 1.4.A Applications for use of groundwater or
surface water must meet the following requirements in order to be considered
for approval by the Permit Board:
(1) The
application must completely and accurately describe the purpose for the
proposed use of water;
(2) Such use
must not be prohibited by state or federal statutes or regulations;
and
(3) The proposed source of
water must be free of Commission-imposed restrictions that preclude processing
of the application.
D.
Content of Applications and Owner Responsibilities -
The applicant shall submit a completed application to MDEQ, on forms prescribed
by the Commission, for each separate withdrawal or diversion point. Where
mobile pumps are proposed for use in the diversion of surface water, a separate
permit will be required for each quarter-quarter section from which water is to
be diverted. For irregularly shaped sections, MDEQ will determine on a
case-by-case basis the number of permits required.
Applications shall be completed using maximum volume of water
required, estimated dates for initial use of the water, and estimated values
for withdrawal or diversion rates. MDEQ may request additional information from
the landowner/applicant, if the submitted form lacks sufficient information for
processing. All permit applications, including maps and aerial photographs
shall become the property of MDEQ.
(1)
Maps Applications shall be notarized and accompanied
by a suitable map.
(a) Submitted maps may be
photocopies of United States Geological Survey quadrangle maps, photocopies of
county maps, aerial photos, or other types of maps, provided sufficient detail
is included. Details commonly required include section lines, townships and
ranges, and (if nearby), highways and county roads, large bodies of water such
as rivers, streams, lakes, etc., utility rights-of-way, and communities. The
map must be of suitable detail for locating the well / diversion point and any
irrigated lands or ponds on a USGS quadrangle map.
(b) Maps must show location of well/diversion
point applied for and, if applicable, all land being irrigated, in use as fish
ponds, or flooded for wildlife habitat. One map may be used to indicate
locations of several wells/diversion points and several tracts of land.
However, the tracts of land must be designated on the map to indicate which
well/diversion point supplies water to each tract. If two or more
wells/diversion points provide water to the same tract of land, the overlapping
area must be indicated, or an imaginary boundary line must be drawn to divide
the tract into areas served by each well/diversion point.
(2)
Fees A fee of
ten dollars ($10.00) must accompany each permit application. A separate
application is required for each new well or diversion point. If more than one
application is submitted at one time, a single check, money order, or
electronic payment may be sent for the total amount of the application fees. DO
NOT SEND CASH !
(3)
Preliminary Assessment Report For proposed regulated
wells or surface water intakes that will be part of a public water supply
system, MDEQ will be responsible for preparation of a Preliminary Assessment
Report (PAR) addressing the suitability of the proposed well site or diversion
point to supply a source of safe drinking water. The assessment will consider
the inherent vulnerability of the intended source water aquifer or surface
water body as well as the identification and proximity of potential sources of
contamination, including any improperly abandoned (unplugged) wells, to the
proposed site. Final approval of a groundwater withdrawal permit or surface
water diversion permit by the Permit Board, or its designee, will be based upon
the findings of the preliminary assessment as to the suitability of the site,
without exposure to higher than normal risk, for a public water system
well.
(4)
Publication
of Intent When MDEQ accepts the completed application for a
permit, MDEQ will furnish the landowner/applicant a prepared notice of intent
to use waters of the state along with instructions for publishing the notice.
The landowner/applicant shall publish the notice of intent one time in a
newspaper of general circulation in the county in which the proposed
well/diversion point will be located. The landowner/applicant must pay the
expense of the publication and must direct the newspaper to forward a proof of
publication to MDEQ.
E.
Issuance or Denial - MDEQ may hold a public hearing
regarding any application. The application and results of the public hearing
will then be presented to the Permit Board, or its designee. The Permit Board
will either issue or deny the permit, and that decision will be effective as of
the date the action is taken.
The Permit Board may deny a permit or issue a permit for less
than the requested withdrawal rate or volume if, in the opinion of the Permit
Board, the use is not for a beneficial purpose; or such use would adversely
interfere with existing permitted uses; or such use would be in conflict with
the public interest. Any permit issued may contain such conditions
(Rule 1.2.J) as the Board deems necessary to assist
MDEQ in management of the water resources of the state. If action authority for
a permit application has been delegated by the Permit Board to MDEQ Staff, the
permit action may be taken according to Permit Board regulations regarding
delegation of permit action authority.
The Permit Board may issue a permit for a beneficial use that
constitutes mining of an aquifer only if it finds that such use is essential to
the safety of human life and property; or the landowner/applicant:
(1) Provides written assurance to the Permit
Board that the requested use will be temporary,
(2) Submits a viable plan and acceptable time
schedule for acquiring the required water from another source which will not
result in mining of any other aquifer; and
(3) Submits an annual report, net worth
statement, or other documentation, as may be required by the Permit Board, to
demonstrate financial ability to develop the proposed alternate water supply.
Once a permit is issued, MDEQ will provide the permittee a copy of the permit
document, which shall constitute authorization to begin the use of the waters
of the state.
F.
Duration of Permit.
(1)
Construction
Period- For public water supply wells, construction must be
initiated within two (2) years after the water use permit is issued or the
permit will be null and void without further action by the Permit Board. For
all other water uses, except as stated below, if well/diversion system
construction has not begun within one year after a permit is issued by the
Permit Board, the permit will be null and void without further action by the
Permit Board. In such cases, the landowner/applicant will have to reapply and
follow the same procedures required for the original application. The Permit
Board may grant variances from this requirement, if the landowner/applicant can
demonstrate to the Permit Board that mitigating circumstances dictate the need
for delaying the onset of construction beyond the one year limit.
(2)
Expiration-
Water use permits normally will be issued for a period of ten (10) years.
Longer terms may be permitted for certain public entities in order to assure
reasonable amortization of capital investment in water-related equipment. Such
entities are limited to municipalities, counties or other governmental
subdivisions, public utilities, or publicly regulated utilities. Shorter terms
may be permitted when the Permit Board determines that such terms are necessary
to protect the public interest.
(3)
Reissuance-
(a)
Notification- Six months prior to the expiration date
of the permit, MDEQ will send, by certified mail to the address of record in
the permit file, a notice to the landowner/permittee informing him of the
requirement to re-apply in order to maintain the right to use water under the
permit. An application form and instructions for submitting the application
will be included with the notice. However, failure by MDEQ to provide such
notice shall not relieve the landowner/permittee from the legal.
(b)
Application-
When MDEQ accepts a completed application for reissuance, the applicant must
publish a notice of intent to continue the permitted use and assure that the
publisher provides proof of publication to the MDEQ. The Permit Board will then
reissue the permit, unless the Permit Board determines such continued use is
contrary to the public interest. The Permit Board may change the conditions of
the permit at reissuance upon finding that such a change would be in the public
interest.
(c)
Termination- If the permittee fails to submit an
application for reissuance prior to the expiration of the permit, the right to
use the water described in the permit shall automatically terminate upon the
expiration date. If processing of a completed application received prior to the
expiration date extends beyond the expiration date, the permit will remain in
effect until a final decision on reissuance is made by the Permit
Board.
G.
Permit Modification-
(1)
Actions Requiring
Modification- A permit may be modified for any of the following
reasons:
(a) Any change in the beneficial use
of, and/or the volume of, water withdrawn from a well or diverted from a
surface water body.
(b) Any change
in location of a surface water diversion point.
(c) Any change in permit parameters requested
by the landowner/permittee such as change of ownership, change of permittee, or
change of mailing address.
(d) Any
change in permit conditions.
(e)
Any substantive errors in a permit that must be corrected.
(f) Legislative action or judicial
decision.
(2)
Procedures(a) The
landowner/permittee must provide MDEQ a written request for modification for
proposed changes as identified in Rule 1.2.G.1.a. and
b. above, or written notification of any proposed change in permit parameters
as described in Rule 1.2.G.1.c. above.
(b) Modifications that result from changes in
administrative information only, such as names and mailing addresses; or
modifications that are required only to correct administrative errors will be
presented to the Permit Board, or its designee, for immediate final
action.
(c) The procedure for
processing a requested modification for proposed changes in beneficial use,
withdrawal volume, or location of diversion point will depend upon the nature
and significance of the change:
(1) A
requested modification that involves significant deviations from the conditions
established under the original permit may be deemed by the Permit Board to
constitute a new activity. If so, the request will be returned to the requestor
with instructions to submit a new application.
(2) A requested modification may be deemed by
the Permit Board to require advertisement of a notice of intent to modify the
permit. If so, the requestor will be informed of the decision and provided a
prepared notice for publication. The requestor shall publish the notice of
intent one time in a newspaper of general circulation in the county in which
the permitted well/diversion point is located. The landowner/applicant must pay
the expense of the publication and must direct the newspaper to forward a proof
of publication to MDEQ.
(3) A
requested modification that proposes only minor changes in volume of
withdrawal/diversion or location of a diversion point may be processed by the
Permit Board, or its designee, without further action being required on the
part of the requestor
(d) MDEQ may hold a public hearing regarding
any request for modification.
The request and results of the public hearing will then be
presented to the Permit Board. The Permit Board will either approve the
modification or deny the request, and that decision will be effective as of the
date the action is taken.
H.
Revocation. - The
Board will normally give the permittee at least sixty (60) days written notice
prior to taking any final action to revoke a permit unilaterally, unless such
delay is deemed to be contrary to the public interest. Conditions which may
lead to the revocation of a permit include, but are not limited to, the
following:
(1) Noncompliance with any
condition in the permit.
(2)
Failure by the landowner/applicant to disclose all relevant facts during the
application and permitting process, or misrepresentation of any relevant facts
by the landowner/applicant/permittee, at any time.
(3) A determination by the Permit Board that
the permit holder is using the water resources of the state in a manner deemed
to be contrary to the public interest.
I.
Hearings and
Appeals- Any person aggrieved by any initial action of the Permit
Board to issue, deny, transfer, modify or revoke a permit may request an
evidentiary hearing before the Permit Board regarding the decision. Procedures
for hearings and further appeals of Permit Board decisions are set forth in
Mississippi Code Annotated Section
49-17-29.
J.
Special
Conditions. The Permit Board may establish conditions on permits
to require:
(1) Compliance schedules for the
accomplishment of certain tasks deemed necessary and appropriate by the Permit
Board.
(2) Compliance schedules for
the cessation of use of groundwater for once-through, non-contact cooling
purposes, which is subsequently discharged to the environment. NOTE: Facilities
that are authorized use of less than 20,000 gallons per day (gpd), or such
other small volume as may be approved by the Permit Board, for once-through
non-contact cooling will be considered on a case-by-case basis and may not be
required to cease such usage.
(3)
Installation of flow metering or measuring devices.
(4) Installation and mandatory operation of
flow restriction devices on flowing artesian wells.
(5) Future reductions in the volume of water
withdrawn or diverted, provided the schedule for such reductions is explicitly
outlined in a compliance schedule.
(6) Reports as necessary to provide data on
the volume of water withdrawn or diverted.
(7) Any other conditions the Board determines
to be necessary to protect the public interest.
K.Emergency
Authorization - A written authorization for emergency use of water
from a well or a surface water diversion point may be granted by the Permit
Board, or its designee. An emergency authorization may be issued only when the
Permit Board, or its designee, determines groundwater or surface water must be
used to safeguard life, property, public safety, or other compelling public
interests, and the exigency precludes waiting for the time required to process
a normal permit application.
Emergency authorizations will remain in effect only for the
time required to process a permit application for the use authorized under
emergency conditions, and the written authorization will include a time limit
for submittal of the required application. If a complete application is not
received by MDEQ within the time limit specified in the emergency
authorization, the authorization will automatically stand rescinded.
The emergency authorization does not guarantee that the
Permit Board will ultimately issue a permit for such authorized use. If the
Permit Board denies the permit, the emergency authorization is rescinded and
the previously authorized water usage shall cease unless and until the decision
of the Board is reversed or modified on appeal.
L.
General Permits -
The Permit Board may issue General Permits, following appropriate public notice
and comment period. The Public Notice indicating the Permit Boards intent to
issue such a General Permit will describe the nature of activities to be
covered under the permit, set forth any required notification procedures, and
establish documentation requirements for individual projects that may be
pursued under authority of the General Permit.
Miss. Code Ann.
§§
51-3-1,
et seq., 49-2-1, et seq. and 49-17-1, et seq.
