§ 15-1501 — Water withdrawals; permit

§ 15-1501. Water withdrawals; permit.\n 1. Except as otherwise provided in this title, no person who is\nengaged in, or proposing to engage in, the operation of a water\nwithdrawal system with a capacity of greater than or equal to the\nthreshold volume, shall have any power to do the following until such\nperson has first obtained a permit or permit modification from the\ndepartment pursuant to this title:\n a. To make a water withdrawal from an existing or new source or an\nincreased water withdrawal from an existing permitted source;\n b. To take or condemn lands for the protection of any existing sources\nof public water supply; or for the development or protection of any new\nor additional sources of public water supply;\n c. To commence or undertake the construction of any works or projects\nin connection with the proposed withdrawal; or\n d. To extend its supply or distribution mains into any new water\nservice area or extension that has not been approved by the department\nor a predecessor commission; or\n e. To make a significant change in the principal use of the water\nwithdrawal system from that specified in the permit, or permit\napplication.\n 2. All valid public water supply permits and approvals issued by the\ndepartment or its predecessors shall remain in full force and effect for\nthe purpose of satisfying the permit requirements of subdivision one of\nthis section for existing water withdrawals from a source and in an\namount authorized by such permit or approval. Until the department\npromulgates regulations pursuant to subdivision four of this section,\nnothing contained in subdivision one of this section concerning permits\nfrom the department shall be applicable to water withdrawals other than\nfor a public water supply system.\n 3. Nothing contained in this title concerning permits from the\ndepartment for water withdrawals shall be deemed to nullify the\nrequirements of the State Sanitary Code applicable to drinking water\nsupplies, including public water systems and bottled water facilities,\nin effect on February 15, 2012, as may be amended from time to time. No\nsupplier of water shall make, install or construct, or allow to be made,\ninstalled or constructed, a public water supply system or any addition\nor deletion to or modification of a public water supply system until the\nplans and specifications therefor have been submitted to and approved by\nthe commissioner of health or his or her designee as may be required by\nthe state sanitary code.\n 4. The department shall promulgate regulations to implement a\npermitting program for water withdrawals equal to or greater than the\nthreshold volume consistent with the requirements of this section which\nshall establish: (a) minimum standards for operation and new\nconstruction of water withdrawal systems; (b) monitoring, reporting and\nrecordkeeping requirements; and (c) protections for present and future\nneeds for sources of potable water supply. Such regulations may\nestablish quantitative standards that maintain stream flows protective\nof aquatic life, consistent with the policy objectives of this article\nand any other conditions, limitations and restrictions that the\ndepartment, in consultation with the department of health, determines\nare necessary to protect the environment and the public health, safety\nand welfare and to ensure the proper management of the waters of the\nstate. The regulations may establish exemptions from permitting\nrequirements in addition to those exemptions specified in this section.\n 5. The department is authorized to consolidate existing water supply\npermits for a public water supply system into one permit, and may\nrequire submission of an application for such permit where the\ndepartment determines that such actions are necessary to protect the\nenvironment and the public health, safety and welfare and to ensure the\nproper management of the waters of the state.\n 6. Each person who is required under this section to obtain a permit\nshall annually, on a form prescribed by the department, report all\ninformation requested by the department, including but not limited to\nwater usage and water conservation measures undertaken during the\nreporting period. Information on water usage and water conservation\nmeasures shall be posted on the department's website.\n 7. The following water withdrawals are exempt from the permit\nrequirements established by this section: (a) withdrawals used for fire\nsuppression or public emergency purposes; (b) withdrawals that have\nreceived an approval from a compact basin commission which administers a\nprogram governing water withdrawals; (c) closed loop, standing column,\nor similar non-extractive geothermal heat pumps; (d) withdrawals for\nwhich a permit has been issued pursuant to the requirements of section\n15-1527 of this title; (e) existing withdrawals for agricultural\npurposes provided the withdrawal has been registered with the department\npursuant to the requirements of title sixteen of this article or\nreported to the department pursuant to the requirements of title\nthirty-three of this article on or before February fifteenth, two\nthousand twelve; and (f) withdrawals at remediation sites conducted\npursuant to a federal or state court order or federal or state\ngovernment agency agreement or order.\n 8. The department shall establish a water conservation and efficiency\nprogram with the goals of (a) ensuring improvement of the waters and\nwater dependent natural resources, (b) protecting and restoring the\nhydrologic and ecosystem integrity of watersheds throughout the state,\n(c) retaining the quantity of surface water and groundwater in the\nstate, (d) ensuring sustainable use of state waters, and (e) promoting\nthe efficiency of use and reducing losses and waste of water.\n 9. The department shall issue an initial permit, subject to\nappropriate terms and conditions as required under this article, to any\nperson not exempt from the permitting requirements of this section, for\nthe maximum water withdrawal capacity reported to the department\npursuant to the requirements of title sixteen or title thirty-three of\nthis article on or before February fifteenth, two thousand twelve.\n