Ga. Comp. R. & Regs. R. 391-3-2-.06 - Granting of a Permit to Use Ground Water

(1) When sufficient evidence in provided by the applicant that the water withdrawn or used, or intended to be withdrawn or used, is a nonconsumptive use, as defined in Paragraph (c) of Rule 391-3-2-.02 of this Chapter, a permit therefore shall be issued by the Division without the conditions set forth in Paragraph (4) of this Rule; provided, however, that in determining whether a use of ground water is nonconsumptive, the Division may take into consideration, based on the best geologic and hydrologic information available, whether any material injury or detriment to other water users of the area by reason of the reduction of water pressure in the aquifer or system has not been adequately compensated by the permit applicant who caused or substantially contributed to such injury or detriment. Any permit issued for a nonconsumptive use does not imply consent to inject any waste or pollutant material into the ground water system.

(2) When the water withdrawn or used, or proposed to be withdrawn or used, by the permit applicant, is a consumptive use, and when there are not unreasonable adverse effects on other water uses, including public and farm use, and including potential as well as present use, based upon the consideration set forth in Rule 391-3-2-.05 of this Chapter, a permit to use ground water shall be issued by the Division containing such conditions as set forth in Paragraph (5) of this Rule as the Division deems necessary to the development and use of the water resources. The permit will become final unless a request for hearing is made within thirty (30) days from the date of service of such permit.

(3) The Division may grant any temporary permit for such period of time as the Division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with this Chapter. A temporary permit may be issued whenever the Division has insufficient information to evaluate the effects of a permit application as set forth in Paragraph (1) of Rule 391-3-2-.05 of this Chapter.

(4) A permit for a consumptive use may contain, but not be limited to, one or more of the following conditions:

(a) total permitted well depth in feet;

(b) the aquifer(s) or ground water system to be utilized;

(c) maximum pumping rate;

(d) pumping level (elevations below which water may not be pumped);

(e) amount of ground water to be withdrawn or used;

(f) well spacing to minimize well interference;

(g) time of withdrawal;

(h) require observation or monitoring well(s) to be installed for monitoring ground water levels and water quality.

(5) Water withdrawn under any permit shall be used only for the purposes set forth in the permit.

(6) The permit holder shall notify the Division by registered letter of any changes in the beneficial use, or if a greater amount of water is to be withdrawn. A permit may be modified by the Division at the request of the permit holder after the Division has considered the factors set forth in Paragraph (1) of Rule 391-3-2-.05 of this Chapter.

(7) Except for farm use, a permit to use ground water shall expire and be of no further effect if the purposed ground water use has not been exercised within two (2) years of the effective date of the permit, unless such period is extended for good cause by the Division.

Notes

Ga. Comp. R. & Regs. R. 391-3-2-.06

Ga. Laws 1972, pp. 976, 980 et seq., as amended by Ga. Laws 1973, pp. 1273, 1275, 1278. Effective June 3, 1974; O.C.G.A. Sec. 12-5-96.

Original Rule was filed on May 13, 1974; effective June 3, 1974, as specified by the Agency. Amended: F. Apr. 3, 1990; eff. Apr. 23, 1990.