Current through Register No. 13, March 27, 2025
(a)
Prior to starting a large withdrawal for which the maximum 30-day average will
be less than 144,000 gallons per day, all entities shall:
(1) Obtain a minor withdrawal permit by
verifying the withdrawal meets minor large designation criteria following the
process in paragraph (c) below; or
(2) Obtain a major withdrawal permit in
accordance with Env-Ws 388.
(b) Prior to starting a new withdrawal for
which the maximum 30-day average will equal or exceed 144,000 gallons per day,
all entities shall obtain a major withdrawal permit in accordance with Env-Ws
388.
(c) To obtain a new or renew a
minor withdrawal permit, the applicant shall complete the following process:
(1) Demonstrate the need for the withdrawal
by completing a conservation management plan and description of need in
accordance with Env-Ws 387.05;
(2) Estimate the study area for the
withdrawal in accordance with
Env-Ws
387.06;
(3) Complete a water resource and use
inventory of the study area in accordance with
Env-Ws
387.07;
(4) Design a withdrawal testing program in
accordance with Env-Ws 387.08;
(5) Submit a request for minor withdrawal
designation in accordance with
Env-Ws
387.09;
(6) Perform public notification in accordance
with Env-Ws
387.10;
(7) Based on a hydrologic evaluation
performed by the department in accordance with
Env-Ws
387.11, obtain approval for a minor withdrawal
designation in accordance with
Env-Ws
387.12;
(8) Complete withdrawal testing in accordance
with Env-Ws
387.13;
(9) If withdrawal testing verifies a minor
withdrawal designation, submit a minor withdrawal permit application completed
in accordance with Env-Ws 387.14; and
(10) If withdrawal testing does not verify
minor withdrawal designation:
a. Collect and
submit additional information that does verify minor withdrawal designation;
or
b. Apply for a major withdrawal
permit in accordance with Env-Ws 388.
(d) A permittee for a minor withdrawal shall
comply with the following:
(1) All
withdrawals shall be continuously metered and reported in accordance with
requirements of a permit issued pursuant to
Env-Ws
387.16;
(2) The permittee shall notify the department
in writing within 30 days of any change in ownership or contact
address;
(3) Where a change in
permit conditions is desired, the permittee shall request modification of the
permit in accordance with
Env-Ws
387.17;
(4) At least 90 days prior to the date of
permit expiration, the permittee shall submit an application for permit renewal
in accordance with Env-Ws 387.18;
(5) When an adverse impact occurs, as
specified in Env-Ws 388.18, as a result of the withdrawal, the permittee shall
design and implement mitigation measures in accordance with
Env-Ws
387.19; and
(6) Water level monitoring and reporting of
shall be completed in accordance with
Env-Ws
387.16.
(e) When requested in writing and supported
by data, the department shall review new hydrologic information and evaluate
the designation of a minor withdrawal, and based on its findings, modify the
permit in accordance with
Env-Ws
387.17.
(f) Where data available to the department
reveals minor withdrawal criteria are not being, or cannot be met, minor
designation shall be revoked pursuant to
Env-Ws
387.12, and the withdrawal shall be subject to major
withdrawal requirements pursuant to Env-Ws 388.
#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09,
EXPIRED: 11-9-09
