310 CMR, § 36.27 - Issuance of Permits

(1) The Department will issue a single permit for withdrawals from all withdrawal points in a water source by one person.

(2) For renewal applicants, the Department may, in its discretion, grant an interim permit that authorizes;

(a) a withdrawal of the previously permitted volume; or

(b) a withdrawal of a reduced volume if necessary to ensure that the safe yield of the water source is not exceeded.

(3) Interim permits issued under 310 CMR 36.27(2) shall remain fully effective and enforceable until the effective date of a permit renewal or until the renewal application is denied, but in no case shall an interim permit be valid for more than one year from the date of issuance. Interim permits may be renewed by the Department if a renewal application has not been approved or denied at the time of expiration of an initial interim permit.

(4) The Department may take restrictive agreements and orders into consideration when determining the volume of water available for allocation within the safe yield of a water source, including:

(a) any agreement between a permit applicant and an owner of property conveying an easement by deed which restricts the right of the owner of property to make a withdrawal from the same water source from which the applicant proposes to withdraw; and

(b) any agreement or order which sufficiently restricts or prohibits a registrant's right to withdraw from the water source pursuant to a registration statement so as to render all or a portion of the registered volume effectively unavailable for withdrawal by the registrant.

(5) The Department shall issue a draft permit within 30 days of the date on which the application is deemed complete.

(6) Following the Department's issuance of a draft permit, the Department will publish notice of the availability of the draft permit for review and comment in the Environmental Monitor.

(7) The Department will accept written comments on the draft permit for 30 days following publication of the notice of availability in the Environmental Monitor.

(8) Following the Department's issuance of a draft permit, the Department will send notice of the availability of the draft permit for review and comment to:

(a) all registrants, permitees and those who have approved nonconsumptive use statements for water withdrawn from the same subbasin and, as the Department deems appropriate, other persons making withdrawals in the same water source; and

(b) the water resources management official(s) for the community(ies) in which the withdrawal point(s) is located, and other persons who have made a written request for notice of the availability of the draft permit.

Such notice will include a statement that the Department will receive comment for a period of time set by the Department to coincide with the 30 day comment period established by publication of notice in the Environmental Monitor.

(9) The Department shall rule on a permit application:

(a) within 90 days of the date on which the application is deemed complete; or

(b) within one year of the date on which the application is deemed complete if the Department determines that additional time is necessary to give proper consideration to the application and sets a new deadline.

Notes

310 CMR, § 36.27

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