Conn. Agencies Regs. § 26-141b-3 - Applicability

(a) The Stream Flow Standards and Regulations shall apply to all river or stream systems in this state.

(b) Any person owning or operating a dam that impounds or diverts the waters of a river or stream system or that affects the flow of water in such a system shall comply with the Stream Flow Standards and Regulations. Any dam owner or operator previously subject to the stream flow minimum release standards in sections 26-141a-1 to 26-141a-8, inclusive, of the Regulations of Connecticut State Agencies, shall continue to comply with such standards until such time as the dam owner or operator complies with the new minimum release standards prescribed in or pursuant to section 26-141b-6 of the Regulations of Connecticut State Agencies.

(c) Notwithstanding subsection (b) of this section, any person owning or operating a dam shall be exempt from the provisions of the Stream Flow Standards and Regulations when such dam is used for:

(1) Hydroelectric power generation, provided such operation represents the principal purpose of the dam and operation is subject to the jurisdiction of the Federal Energy Regulatory Commission;

(2) Temporary inspection, maintenance, repair or modification to a dam, provided all federal, state and local authorizations have been obtained and are complied with;

(3) Diversion of water for fire emergency purposes;

(4) Diversion of water for an agricultural operation, provided such operation follows generally accepted agricultural practices. Inspection and approval of such operation by the Commissioner of Agriculture shall be prima facie evidence that such operation follows generally accepted agricultural practices;

(5) Diversion of water for a golf course, provided the owner or operator of any such golf course:

(A) certifies, on a form provided by the commissioner, that the golf course's operation is in compliance and will maintain compliance with the department's "Best Management Practices For Golf Course Water Use" manual, as may be amended from time to time by an advisory committee convened by the department consisting of members of the golf course industry, consultants, public interest groups, government agencies and the academic community; and

(B) complies with the recordkeeping and reporting requirements of subsection (a) of section 26-141b-7 of the Regulations of Connecticut State Agencies;

(6) Operation of a government-maintained flood control dam for the protection of property;

(7) Operation of a dam that is not constructed on a river, stream or brook.

(8) Operation of a dam at the base of which the waters are tidally-influenced;

(9) Diversion of water authorized by the commissioner pursuant to 33 U.S.C.

(10) Diversion of water in a manner and degree that is specified by order of the commissioner for the abatement of pollution pursuant to sections 22a-133e, 22a-424, 22a-428, 22a-430, 22a-431, 22a-432, 22a-449 or 22a-451 of the Connecticut General Statutes, or as specified in approved plans submitted pursuant to such an order;

(11) Diversion of water caused by drawing down the surface elevation of an impoundment and subsequent refilling for the purpose of aquatic weed control, water quality control, seasonal drawdown, or inspection or maintenance of a dam, gate house, outlet works, reservoir, shoreline or dock, provided:

(A) the surface elevation of the impoundment is lowered only to the elevation and for the amount of time necessary for aquatic weed control, water quality control, or inspection or maintenance of dam, gate house, outlet works, reservoir, shoreline or dock; and

(B) during drawdown and refilling periods, water is continuously released in an amount no less than the minimum of either the rearing and growth bioperiod Q80 or the natural inflow of water;

(12) Diversion operated in compliance with a diversion permit issued by the commissioner pursuant to sections 22a-368 or 22a-378a of the Connecticut General Statutes;

(13) Diversion subject to a flow management plan contained in a resolution, agreement or stipulated judgment to which the state, acting through the commissioner, is a party, or the management plan developed pursuant to section 3 of Public Act 00-152;

(14) Operation of a dam designed and constructed for the primary purpose of providing temporary detention of stormwater during and immediately following a storm event;

(15) Operation of a dam such that, unless the Commissioner of Public Health determines that a water supply emergency exists, no active manipulation of the storage of water occurs behind the dam and no withdrawal of water occurs from within the impoundment, and only if such dam complies with the recordkeeping and reporting requirements of subsections (a) and (b) of section 26-141b-7 of the Regulations of Connecticut State Agencies;

(16) Operation of a public water supply dam during periods when no active manipulation of the storage of water occurs behind the dam and no withdrawal of water occurs from within the impoundment, provided:

(A) such dam complies with the recordkeeping and reporting requirements of subsections (a) and (b) of section 26-141b-7 of the Regulations of Connecticut State Agencies; and

(B) during any period when active manipulation of storage occurs behind the dam and subsequent refilling periods:

(i) water is continuously released as required pursuant to section 26-141b-6 of the Regulations of Connecticut State Agencies; and

(ii) such dam also complies with subsections (c) and (d) of section 26-141b-7 of the Regulations of Connecticut State Agencies;

(17) Operation of a public water supply dam immediately upstream of a stream or river segment having a rearing and growth bioperiod Q80 of 0.1 cubic feet per second or less as calculated in accordance with the United States Geological Survey Scientific Investigations report 2010-5052 titled "Regional Regression Equations to Estimate Flow-duration Statistics at ungaged stream sites in Connecticut" or other method acceptable to the Commissioner, provided such dam complies with the recordkeeping and reporting requirements of subsection (a) of section 26-141b-7 of the Regulations of Connecticut State Agencies;

(18) Operation of a public water supply dam immediately upstream of a stream or river segment having a rearing and growth bioperiod Q80 between 0.1 and 0.2 cubic feet per second as calculated in accordance with the United States Geological Survey Scientific Investigations report 2010-5052titled "Regional Regression Equations to Estimate Flow-duration Statistics at ungaged stream sites in Connecticut" or other method acceptable to the Commissioner, provided the Commissioner has approved in writing a written exemption pursuant to subdivision (10) of section 26-141b-6 of the Regulations of Connecticut State Agencies and such dam complies with the recordkeeping and reporting requirements of subsection (a) of section 26-141b-7 of the Regulations of Connecticut State Agencies;

(19) Operation of a public water supply dam having an outlet structure that releases to a man-made conveyance structure or channel that discharges into an impoundment, provided releases from the downstream dam comply with section 26-141b-6 of the Regulations of Connecticut State Agencies, such dam complies with the recordkeeping and reporting requirements of subsection (a) of section 26-141b-7 of the Regulations of Connecticut State Agencies, and the Commissioner has approved in writing a written exemption pursuant to subdivision (10) of section 26-141b-6 of the Regulations of Connecticut State Agencies; or

(20) Diversion of water authorized by a special act of the Connecticut legislature effective as of the date of the Stream Flow Standards and Regulations when such diversion is identified in the comprehensive flow management plan, including any report or study referenced therein, required by section 3 of the federal Wild and Scenic Rivers Act.

Notes

Conn. Agencies Regs. § 26-141b-3

Effective December 12, 2011