Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Coverage and purpose.
The commission may issue a general permit, in lieu of
issuing individual approvals, for a specifically described category of
diversions, water withdrawals and consumptive uses that:
(1) involve the same or substantially similar
types of operations or activities;
(2) require the same limitations or operating
conditions, or both;
(3) require
the same or similar monitoring and reporting; and
(4) will result in minimal adverse impacts
consistent with sections
1806.21 through
1806.24 of this Part.
(b)
Procedure for
issuance.
(1) At least 30 days prior to
the issuance of a general permit, the commission shall publish notice in the
Federal Register and the member jurisdiction administrative
bulletins of the intent to issue a general permit.
(2) At least 30 days shall be provided for
interested members of the public and Federal, State and local agencies to
provide written comments on a proposed general permit.
(3) The commission or executive director may,
in its discretion, hold a public hearing on a proposed general permit, taking
into account the level of public interest and likelihood of
controversy.
(4) The issuance of a
general permit adopted by the commission will be published in the
Federal Register and the member jurisdiction administrative
bulletins. This notice shall set forth the effective date of the general
permit.
(c)
Administration of general permits.
General permits may be issued, amended, suspended, revoked,
reissued or terminated under this section.
(1) Any general permit issued under this
section shall set forth the applicability of the permit and the conditions that
apply to any diversion, withdrawal or consumptive use authorized by such
general permit.
(2) The commission
may fix a term to any general permit issued.
(3) A project sponsor shall obtain permission
to divert, withdraw or consumptively use water in accordance with a general
permit by filing a Notice of Intent (NOI) with the commission, in a form and
manner determined by the commission.
(4) Approval of coverage under a general
permit shall be determined by the executive director or by any other manner
that the commission shall establish for any general permit.
(5) The commission may set a fee for NOIs to
any general permit.
(6) A project
sponsor shall provide notice for NOIs in accordance with section
1806.15(h) of
this Part and any additional notice requirements that the commission may adopt
for any general permit.
(7) The
requirements of section
1806.16 of this Part apply to the
review of NOIs to any general permit.
(8) Upon reissuance or amendment of a general
permit, all project sponsors permitted to divert, withdraw or consumptively use
water in accordance with the previous general permit shall be permitted to
continue to operate with the renewed or modified general permit unless
otherwise notified by the commission.
(9) Notice of receipt of NOIs shall be
published on the commission's website and in any other manner that the
commission shall establish for any general permit.
(d)
Denial of coverage.
The executive director will deny or revoke coverage under a
general permit when one or more of the following conditions exist:
(1) The project or project sponsor does not
or can no longer meet the criteria for coverage under a general
permit.
(2) The diversion,
withdrawal or consumptive use, individually or in combination with other
similar commission regulated activities, is causing or has the potential to
cause adverse impacts to water resources or competing water users.
(3) The project does not comport with section
1806.21(a) or (b)
of this Part.
(4) The project
includes other diversions, withdrawals or consumptive uses that require an
individual approval and the issuance of both an individual approval and a
general permit for the project would constitute an undue administrative burden
on the commission.
(5) The
executive director determines that a project cannot be effectively regulated
under a general permit and is more effectively regulated under an individual
approval.
(e)
Requiring an individual approval.
If coverage is denied or revoked under subdivision (d) of
this section, the project sponsor shall be notified in writing. The notice will
include a brief statement for the reasons for the decision. If coverage under a
general permit was previously granted, the notice will also include a deadline
for submission of an application for an individual approval. Timely submission
of a complete application will result in continuation of coverage of the
applicable withdrawal, consumptive use or diversion under the general permit,
until the commission takes final action on the pending individual approval
application.
(f)
Action of the commission.
Action by the executive director denying or revoking
coverage under a general permit under subdivision (d) of this section, or
requiring an individual approval under subdivision (e) of this section, is not
a final action of the commission until the project sponsor submits and the
commission takes final action on an individual approval application.
