Current through Register Vol. 48, No. 9, September 27, 2024
1. In
considering all permit applications, modifications, and revocations, the
Department shall consider, but not be limited to, the following:
a. The number of persons using an aquifer and
the object, extent, and necessity of their respective withdrawals or
uses;
b. The nature and size of the
aquifer;
c. The physical and
chemical nature of any impairment of the aquifer adversely affecting its
availability or viability for other water uses, including public use;
d. The severity and duration of such
impairment under foreseeable conditions;
e. The injury to public health, safety, or
welfare which may result if such impairment were not prevented or
abated;
f. The kinds of businesses
or activities to which the various uses are related;
g. The relative importance and necessity of
uses claimed by permit holders and permit applicants, or of the water use of
the area, and the extent of injury or detriment caused or reasonably expected
to be caused to other water uses, including public use;
h. Diversion from or reduction of flows in
surface water or other aquifers;
i.
Information provided by the applicant in accordance with Section E;
j. An approved local or regional Groundwater
Management Strategy; and
k. Any
other relevant factors, such as, but not limited to, public comments and best
available geologic and hydrologic information on the aquifer or aquifers of the
area.
2. In each case
where an applicant for a Groundwater Withdrawal Permit demonstrates to the
Department's satisfaction that the groundwater withdrawal is reasonable and
necessary to meet the applicant's requirements and where there are no
unreasonable adverse effects on other water users, including public use, and
including potential as well as current use, a Groundwater Withdrawal Permit may
be issued by the Department and contain, but not be limited to, the following
conditions:
a. Amount of groundwater to be
withdrawn or used;
b. Well(s) to be
utilized;
c. Aquifer(s) to be
utilized;
d. Well spacing to
minimize well interference; and
e.
Monitoring well(s) to be installed for monitoring groundwater levels and water
quality.
3. Groundwater
withdrawn under any permit shall be used only for the purposes set forth in the
permit.
4. The Department may grant
a temporary Groundwater Withdrawal Permit for up to one hundred eighty days or
until a final decision is made on the application if an imminent hazard to
public health exists or if an applicant demonstrates that physical or financial
damage has occurred, or will occur, if a temporary permit is not granted. The
issuance of a temporary permit does not guarantee the issuance of a final
Groundwater Withdrawal Permit.
5.
The Department may:
a. Revoke a construction
permit or a Groundwater Withdrawal Permit if it determines information in the
permit application is false or misleading, the permittee fails to comply with
the conditions set forth in the permit, or when there is found to be an
unreasonable adverse effect upon the water uses or water users in the area,
including public use, and including potential as well as current use, based
upon considerations set forth in Section F;
b. Deny a permit if the application therefore
or the effect of the water use proposed or described therein upon the water
resources of the area is found to be contrary to the public interest or general
welfare, based upon considerations in Section F; and
c. Revoke a temporary Groundwater Withdrawal
Permit if the permittee fails to comply with the conditions of the temporary
permit or provide timely response to requests for actions for information made
pursuant to the application review.
6. The Department's denial or revocation of
any permit shall be final unless a request for a contested case hearing is
filed in accordance with the Administrative Procedures Act and the Rules of the
Administrative Law Court.
7. A
Groundwater Withdrawal Permit shall not be transferred to any other person or
user except by modification of the permit in accordance with Section
G.
8. Public notices shall be
required for an:
a. Initial application for a
Groundwater Withdrawal Permit in an existing capacity use area;
b. Application to modify an existing
Groundwater Withdrawal Permit where an increase in the permitted withdrawal
limit is requested;
c. Application
to modify an existing Groundwater Withdrawal Permit where construction of a new
well or wells, with concurrent increase in the permitted withdrawal limit, is
requested; and
d. Application to
renew an existing Groundwater Withdrawal Permit, where no increase in the
permitted withdrawal limit is requested, only if the Department determines
there is sufficient public interest on the proposed groundwater
withdrawal.
9. Wording
for public notices will be provided to the applicant by the Department and
shall contain, but not be limited to, the following:
a. Applicant's name and mailing
address;
b. Location of the well or
wells;
c. Aquifers to be
utilized;
d. Proposed withdrawal
limit(s); and
e. Notice of thirty
day comment period.
10.
The applicant will publish the public notice, for one day, in a newspaper of
general circulation in the area of the proposed withdrawal.
11. The applicant will provide an affidavit
of publication from the newspaper to the Department within fifteen days of
initial publication and a copy of the published notice.
12. The Department will notify currently
permitted groundwater withdrawers of newly proposed groundwater withdrawal
within a one-mile radius of the proposed well location. This notification will
be provided at least thirty days prior to issuance of the final
permit.
