310 CMR, § 36.26 - Application Review

(1) In reviewing an application, the Department shall consider at least the following:

(a) the water available within the safe yield as determined by the Department in accordance with 310 CMR 36.13 and 36.27(4);

(b) the impact of the proposed withdrawal on other withdrawal points and on other water sources that are hydrologically interconnected with the water source from which the withdrawal is to be made;

(c) the impact of the withdrawal on the biological category, groundwater withdrawal category or seasonal groundwater withdrawal category of the subbasin(s) from which it will be made, in accordance with 310 CMR 36.19;

(d) the extent to which the applicant meets the applicable permit tier requirements in 310 CMR 36.21(3) and (4) and the coldwater fish resources, minimization, and mitigation planning requirements in 310 CMR 36.22;

(e) the anticipated times of year when the withdrawal is or will be made, and any projected changes in the withdrawal during the permit term;

(f) reasonable protection of water uses, land values, investments and enterprises that are dependent on previously registered, permitted or otherwise authorized withdrawals;

(g) the use to be made of the water proposed to be withdrawn and other existing, presently permitted, or projected uses of the water source from which the withdrawal is to be made;

(h) where available, the approved water resources management plan for any city or town in which the withdrawal is located and where different, for any city or town in which the withdrawal is to be used;

(i) any state water resources management plan adopted by the Commission;

(j) reasonable conservation practices and measures, including any water conservation and water use efficiency standards adopted by the Commission, or where the Commission has not established such standards, other industry-specific best management practices appropriate to the permitted water use;

(k) reasonable protection of public drinking water supplies, water quality, wastewater treatment capacity, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitat, fish and wildlife, agriculture and floodplains;

(l) the impact of the proposed withdrawal on reasonable economic development and the creation of jobs in the Commonwealth;

(m) comments received during the public comment period; and

(n) other state and Federal statutes.

(2) If the Department determines that an increase in withdrawals smaller than that requested by the applicant is appropriate to protect significant and valuable environmental resources or to protect the public health, safety or welfare, then the Department may impose limitations on the proposed withdrawal, including but not limited to denial or reduction of the requested volume, offsets, management plans and operational restrictions and other conditions it deems necessary to further the interests of M.G.L. c. 21G and 310 CMR 36.00.

Notes

310 CMR, § 36.26

Amended by Mass Register Issue 1273, eff. 11/7/2014.