310 CMR, § 36.35 - Nonconsumptive Use Statements
(1) Any volume
of water approved by the Department to be withdrawn for a nonconsumptive use
shall not be counted in the volume of water withdrawn for purposes of
calculating whether a withdrawal exceeds the threshold volume.
(2) Any person claiming a nonconsumptive use
for all or part of a withdrawal over the threshold volume shall file a request
for approval of the nonconsumptive use consistent with guidelines established
by the Department.
(3) Any person
asserting that the use of a volume of water is nonconsumptive must demonstrate
to the satisfaction of the Department that the volume of water meets the
definition of nonconsumptive use in
310 CMR 36.03, and
that no other registered or permitted withdrawals are substantially
affected.
(4) No volume of water
withdrawn for nonconsumptive use shall require a permit unless the Department
determines that such a permit is required to protect other registered or
permitted withdrawals.
Notes
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