Current through Register Vol. 46, No. 12, March 20, 2024
(a)
General.
A project sponsor shall submit an application for
modification of a current approval prior to making a change in the design,
operational plans, or use as presented in the application upon which the
approval was originally issued, and that will affect the terms and conditions
of the current approval.
(b)
Applications for modification.
A project sponsor may apply for a modification of a current
approval by submitting an application for modification to the
commission.
(c)
Minor
modifications.
The following are minor modifications:
(1) correction of typographical
errors;
(2) changes to monitoring
or metering conditions;
(3)
addition of sources of water for consumptive use;
(4) changes to the authorized water
uses;
(5) changes to conditions
setting a schedule for developing, implementing, and/or reporting on
monitoring, data collection and analyses;
(6) changes to the design of
intakes;
(7) increases to total
system limits that were established based on the projected demand of the
project; and
(8) modifications of
extraction well network used for groundwater remediation systems.
(d)
Major
modifications.
Major modifications are changes not considered to be minor
modifications. Major modifications may include, but are not limited to:
(1) increases in the quantity of water
withdrawals, consumptive uses or diversions;
(2) increases to peak day consumptive water
use;
(3) increases to the
instantaneous withdrawal rate or changes from a single withdrawal rate to a
varied withdrawal rate;
(4) changes
affecting passby flow requirements; and
(5) changes that have the potential for
adverse impacts to water resources or competing water users.
(e)
Notice and
approval.
(1) Applications for
modifications are subject to the notice requirements of section
1806.15 of
this Part.
(2) The commission or
executive director may approve, approve with conditions or deny an application
for minor modification, or direct that an application for major modification be
made.
(3) The commission may
approve, approve with conditions or deny an application for major modification.
