New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 19 - WATER SUPPLY ALLOCATION PERMITS
Subchapter 4 - PROCEDURES FOR DETERMINING, ASSESSING AND COLLECTING PAYMENTS FOR EXCESS WATER DIVERSION
Section 7:19-4.6 - Calculation of fees
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Department shall segregate from the quarterly diversion reports those portions of the total diversion from surface water for the purpose of public water supplies subject to the charges authorized by 58:2-1 et seq.
(b) The Department shall obtain from the United States Geological Survey the daily stream flow records for the applicable year for those gaging stations downstream of the surface water diversion points for public water supplies.
(c) The Department shall determine for each purveyor the amount of water diverted in excess of the free allowance set forth in 7:19-4.8.
(d) The total diversion by each purveyor less the free allowance, and adjustments thereto, shall be subject to the excess diversion fee.
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(e) The passing flow requirements which apply in these calculations include, but are not limited to, the following:
| Purveyor | Gaging Station | Passing Flow |
| (cubic feet | ||
| per second) | ||
| Brick Township M.U.A. | Metedeconk River near Lakewood | 13.0 |
| Elizabethtown Water Co. Raritan | Passing flows maintained by N.J. | |
| River | Water Supply Authority | |
| Hackensack Water Company | ||
| Hackensack River | Hackensack River at New Milford | 12.9 |
| Saddle River | Saddle River at Lodi | 13.9 |
| Two Bridges | Passaic River | 143.3 |
| (except when Passaic Valley Water Commission is diverting at Two Bridges, in | ||
| which case passing flow will be 27.2 cfs). |
| City of Jersey City | To be released from Boonton Dam | 10.83 n1 |
| to the Rockaway River | ||
| Matchaponix Water Supply Co. | Matchaponix Brook | 7.3 |
| Middlesex Water Co. | ||
| Robinson's Branch of Rahway River | Rahway River at Rahway | 4.2 |
| Raritan River | Passing flow maintained by N.J. | |
| Water Supply Authority | ||
| New Jersey-American Water | ||
| Company | ||
| Passaic River | Passaic River at Chatham | 116.0 |
| Canoe Brook | Canoe Brook near Summit | 2.12 |
| Passaic River at Madisonville | Passaic River near Millington | 10.7 |
| Swimming River | Swimming River near Red Bank | 9.4 |
| Jumping Brook | Jumping Brook near Neptune | 1.16 |
| Shark River | Shark River near Neptune | 1.9 |
| Newark Water Dept. | Pequannock River at Macopin | 12.3 |
| City of New Brunswick | Lawrence Brook at Westons Mill | 8.7 |
| North Jersey District | ||
| Water Supply Commission | Wanaque River at Wanaque | 15.5 n2 |
| Ramapo River at Pompton Lakes | 61.9 | |
| Two Bridges | Passaic River | 143.3 |
| (except when Passaic Valley Water Commission is diverting at Two Bridges, in | ||
| which case passing flow will be 27.2 cfs). |
| Passaic Valley Water Commission | ||
| Pompton River | at Pompton Plains | 92.8 |
| Passaic River | at Little Falls | 89.0 |
| Passaic River | at Two Bridges | 27.2 |
| Rahway Water Department | ||
| Rahway River | at Rahway | 7.9 |
| Sayreville Borough | at Duhernal Dam | Dec.-April |
| 61.88 | ||
| May-Nov. | ||
| 123.78 | ||
| City of Trenton | ||
| Delaware River | at Trenton | 1,131.1 |
| n1 Subject to adjustment when flows in Beaver Brook at the outlet of Split | ||
| Rock Pond are less than 1.5 cfs. | ||
| n2 Subject to reduction by the amount of flows into reservoir at Awosting | ||
| less than 4.6 cfs. | ||
(f) Where the passing flow is not specified above, it shall be fixed by the Department based on an amount equal to the average daily flow for the driest month, as shown on existing records or in lieu thereof, 125,000 gallons for each square mile of unappropriated watershed above the point of diversion. The flows computed on the basis of 125,000 gallons per day per square mile shall be in addition to flows from any appropriated watershed above the point of diversion.
