Mass. Gen. Laws ch. 21G, sec. 7 — MA Code / Part I / Title II / Chapter 21G / Section 7
Issuance of permits; criteria and standards
Status: in_force

Section 7. The department shall, by regulation, specify, for each water source from which withdrawals are to be permitted, a date upon which its regulations establishing criteria, standards and procedures for issuing permits shall become effective. No person may, after the effective date thus specified, make a new withdrawal of more than the threshold volume of water from any water source, or construct any building or structure which may require that person to make such a new withdrawal of water unless such person obtains a permit in accordance with regulations adopted by the department. In adopting regulations establishing criteria and standards for obtaining permits, the department shall assure, at a minimum, that the following factors are considered:— (1) The impact of the proposed withdrawal on other water sources which are hydrologically interconnected with the water source from which the withdrawal is to be made; (2) The anticipated times of year when withdrawals will be made; (3) The water available within the safe yield of the water source from which the withdrawal is to be made; (4) Reasonable protection of water uses, land values, investments and enterprises that are dependent on previously allowable withdrawals; (5) The use to be made of the water proposed to be withdrawn and other existing, presently permitted or projected uses of the water source from which the withdrawal is to be made; (6) Any water resources management plan for any city or town in which the affected water source is located; (7) Any state water resources management plan adopted by the commission; (8) Reasonable conservation practices and measures, consistent with efficient utilization of the water; (9) Reasonable protection of public drinking water supplies, water quality, wastewater treatment capacity, waste assimilation capacity, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitat, fish and wildlife, agriculture, and flood plains; and (10) Reasonable economic development and the creation of jobs in the commonwealth.

Section 7. The department shall, by regulation, specify, for each water source from which withdrawals are to be permitted, a date upon which its regulations establishing criteria, standards and procedures for issuing permits shall become effective. No person may, after the effective date thus specified, make a new withdrawal of more than the threshold volume of water from any water source, or construct any building or structure which may require that person to make such a new withdrawal of water unless such person obtains a permit in accordance with regulations adopted by the department.

In adopting regulations establishing criteria and standards for obtaining permits, the department shall assure, at a minimum, that the following factors are considered:—

(1) The impact of the proposed withdrawal on other water sources which are hydrologically interconnected with the water source from which the withdrawal is to be made;

(2) The anticipated times of year when withdrawals will be made;

(3) The water available within the safe yield of the water source from which the withdrawal is to be made;

(4) Reasonable protection of water uses, land values, investments and enterprises that are dependent on previously allowable withdrawals;

(5) 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;

(6) Any water resources management plan for any city or town in which the affected water source is located;

(7) Any state water resources management plan adopted by the commission;

(8) Reasonable conservation practices and measures, consistent with efficient utilization of the water;

(9) Reasonable protection of public drinking water supplies, water quality, wastewater treatment capacity, waste assimilation capacity, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitat, fish and wildlife, agriculture, and flood plains; and

(10) Reasonable economic development and the creation of jobs in the commonwealth.