Mississippi Administrative Code
Title 11 - Mississippi Department of Environmental Quality
Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations
Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations
Rule 11-7-1.3 - Surface Water Diversions

(1) Diversions when the water is to be used for domestic single-residence purposes.

(2) Diversions from an existing impoundment not located on a continuous, free flowing watercourse. However, for proposed surface water impoundments, the person intending to acquire the right to store or use water from a reservoir formed by a dam shall obtain a permit for storage or use of water from the impoundment as required by Miss. Code Ann. Section 51-3-39 paragraph (1)(c), prior to commencement of construction of the dam.

(1) Established Minimum Flow- Generally, a permittee may not divert a volume of surface water that will cause the watercourse to fall below its established minimum flow. If a watercourse falls below its established minimum flow, the permit holders affected that are consumptive users will be informed that their pumping must be stopped or modified until further notice. Affected permit holders that are municipalities or are non-consumptive users (users that return to the stream substantially the same amount of water that the user diverts, at substantially the same location) have the option of requesting a variance from the minimum flow requirements. The request must be made, in writing, to the Permit Board.

(2) Established Average Minimum Lake Level- The Permit Board may authorize any permittee to use water from a lake or reservoir that falls within the Permit Boards jurisdiction only to the extent that the water level remains above the average minimum lake level, as established by the Commission. The Permit Board, upon affording a hearing to interested parties, may authorize use of such water below the established average minimum level provided the request for such authorization is accompanied by a study which details potential effects of the proposed use on the affected ecosystem and the public interest. The Permit Board may require such additional studies or other information as it deems necessary to protect the public interest.

(3) Pollution Control Regulations- The Permit Board will not authorize any surface water use that will cause a violation of water quality standards as set by the Commission through regulation.

(4) Navigability- The Permit Board will not authorize any surface water use that will impair the navigability of any watercourse identified as a -navigable waterway[PI] under state or federal statute.