§ 806.14 Contents of application. ( a ) Applications for a new project or a major modification to an existing approved project shall include, but not be limited to, the following information and, where applicable, shall be subject to the requirements in paragraph (b) of this section and submitted on forms and in the manner prescribed by the Commission. ( 1 ) Identification of project sponsor including any and all proprietors, corporate officers or partners, the mailing address of the same, and the name of the individual authorized to act for the sponsor.
( 2 ) Project location, including latitude and longitude coordinates in decimal degrees accurate to within 10 meters, the project location displayed on a map, and evidence of legal access to the property upon which the project is proposed.
( 3 ) Project description, including: purpose, proposed quantity to be withdrawn or consumed, if applicable, and description of all sources, consumptive uses and diversions related to the project.
( 4 ) Anticipated impact of the project, including impacts on existing water withdrawals, nearby surface waters, and threatened or endangered species and their habitats.
( 5 ) The reasonably foreseeable need for the proposed quantity of water to be withdrawn or consumed, including supporting calculations, and the projected demand for the term of the approval.
( 6 ) A metering plan that adheres to § 806.30.
( 7 ) Evidence of coordination and compliance with member jurisdictions regarding all necessary permits or approvals required for the project from other federal, state or local government agencies having jurisdiction over the project.
( 8 ) Project estimated completion date and estimated construction schedule.
( 9 ) Draft notices required by § 806.15.
( 10 ) The Commission may also require the following information as deemed necessary: ( i ) Engineering feasibility.
( ii ) Ability of the project sponsor to fund the project.
( b ) Additional information is required for a new project or a major modification to an existing approved project as follows. ( 1 ) *Surface water.* ( i ) Water use and availability.
( ii ) Project setting, including surface water characteristics, identification of wetlands, and site development considerations.
( iii ) Description and design of intake structure.
( iv ) Anticipated impact of the proposed project on local flood risk, recreational uses, fish and wildlife and natural environment features.
( v ) For new projects and major modifications to increase a withdrawal, alternatives analysis for a withdrawal proposed in settings with a drainage area of 50 miles square or less, or in a water with exceptional water quality, or as required by the Commission.
( 2 ) *Groundwater.* ( i ) With the exception other projects which are addressed in paragraph (b)(6) of this section, the project sponsor shall demonstrate that requirements of § 806.12 have been met by providing one of the following: ( A ) An interpretive report that includes the results of a Commission approved aquifer test and an updated groundwater availability estimate if changed from the aquifer test plan,
( B ) An approved AHE,
( C ) A prior determination by the Commission staff under § 806.12(h) that the intent and requirements of § 806.12 have been met along with an updated groundwater availability estimate.
( ii ) Water use and availability.
( iii ) Project setting, including nearby surface water features.
( iv ) Groundwater elevation monitoring plan for all production wells.
( v ) Alternatives analysis as required by the Commission.
( 3 ) *Consumptive use.* ( i ) Consumptive use calculations, and a mitigation plan consistent with § 806.22(b).
( ii ) Water conservation methods, design or technology proposed or considered.
( iii ) Alternatives analysis as required by the Commission.
( 4 ) *Into basin diversions.* ( i ) Provide the necessary information to demonstrate that the proposed project will meet the standards in § 806.24(c).
( ii ) Identification of the source and water quality characteristics of the water to be diverted.
( 5 ) *Out of basin diversions.* ( i ) Provide the necessary information to demonstrate that the proposed project will meet the standards in § 806.24(b).
( ii ) Project setting.
( 6 ) *Other projects.* Other projects, including without limitation, mine dewatering, construction dewatering, water resources remediation projects, and AMD remediation facilities that qualify as a withdrawal. ( i ) In lieu of aquifer testing, report(s) prepared for any other purpose or as required by other governmental regulatory agencies that provides a demonstration of the hydrogeologic and/or hydrologic effects and limits of said effects due to operation of the proposed project and effects on local water availability.
( ii ) [Reserved]
( c ) All applications for renewal of expiring approved projects, including those with minor or major modifications, shall include, but not be limited to, the following information, and, where applicable, shall be subject to the requirements in paragraph (d) of this section and submitted on forms and in the manner prescribed by the Commission. ( 1 ) Identification of project sponsor including any and all proprietors, corporate officers or partners, the mailing address of the same, and the name of the individual authorized to act for the sponsor.
( 2 ) Project location, including latitude and longitude coordinates in decimal degrees accurate to within 10 meters, the project location displayed on map, and evidence of legal access to the property upon which the project is located.
( 3 ) Project description, to include, but not be limited to: Purpose, proposed quantity to be withdrawn or consumed if applicable, description of all sources, consumptive uses and diversions related to the project and any proposed project modifications.
( 4 ) The reasonably foreseeable need for the requested renewal of the quantity of water to be withdrawn or consumed, including supporting calculations, and the projected demand for the term of the approval.
( 5 ) An as-built and approved metering plan that conforms to § 806.30.
( 6 ) Copies of permits from member jurisdictions regarding all necessary permits or approvals obtained for the project from other federal, state, or local government agencies having jurisdiction over the project.
( 7 ) Copy of any approved mitigation or monitoring plan and any related as-built for the expiring project.
( 8 ) Demonstration of registration of all withdrawals or consumptive uses in accordance with the applicable state requirements.
( 9 ) Draft notices required by § 806.15.
( 10 ) Changes to the facility design.
( 11 ) Any proposed changes to the previously authorized purpose.
( d ) Additional information is required for the following applications for renewal of expiring approved projects. ( 1 ) *Surface water.* ( i ) Description and as-built of intake structure.
( ii ) For renewals seeking to increase a withdrawal, alternatives analysis for a withdrawal proposed in settings with a drainage area of 50 miles square or less, or in a waterway with exceptional water quality, or as required by the Commission.
( 2 ) *Groundwater.* ( i ) The project sponsor shall demonstrate that requirements of § 806.12 have been met by providing one of the following: ( A ) Provide an interpretive report that includes the results of a Commission approved aquifer test and an updated GW availability estimate if changed from the aquifer test plan;
( B ) An approved AHE; or
( C ) A prior determination by the Commission staff under § 806.12(h) that the intent and requirements of § 806.12 have been met.
( ii ) An interpretative report providing analysis and comparison of current and historic water withdrawal and groundwater elevation data with previously completed materials to demonstrate satisfaction of § 806.12, which may include a hydrogeologic report from previous aquifer testing, an approved AHE or prior determination of waiver of aquifer testing.
( iii ) Current groundwater availability analysis assessing the availability of water during a 1-in-10 year drought recurrence interval under the existing conditions within the recharge area and predicted for term of renewal (*i.e.,* other users, discharges, and land development within the groundwater recharge area).
( iv ) Groundwater elevation monitoring plan for all production wells.
( v ) Alternatives analysis as required by the Commission.
( 3 ) *Consumptive use.* ( i ) Consumptive use calculations.
( ii ) Mitigation plan, including method of consumptive use mitigation.
( 4 ) *Into basin diversion.* ( i ) Provide the necessary information to demonstrate that the project will continue to meet the standards in § 806.24(c).
( ii ) Identification of the source and current water quality characteristics of the water to be diverted.
( 5 ) *Out of basin diversion.* ( i ) Provide the necessary information to demonstrate that the project will continue to meet the standards in § 806.24(b).
( ii ) [Reserved]
( 6 ) *Other projects.* Other projects, including without limitation, mine dewatering, water resources remediation projects, and AMD facilities that qualify as a withdrawal. ( i ) In lieu of a hydrogeologic evaluation, a copy of approved report(s) prepared for any other purpose or as required by other governmental regulatory agencies that provides a demonstration of the hydrogeologic and/or hydrologic effects and limits of said effects due to operation of the project and effects on local water availability.
( ii ) Any data or reports that demonstrate effects of the project are consistent with those reports provided in paragraph (d)(6)(i) of this section.
( iii ) Demonstration of continued need for expiring approved water source and quantity.
( e ) A report about the project prepared for any other purpose, or an application for approval prepared for submission to a member jurisdiction, may be accepted by the Commission provided the said report or application addresses all necessary items on the Commission's form or listed in this section, as appropriate.
( f ) Applications for minor modifications must be complete and will be on a form and in a manner prescribed by the Commission. Applications for minor modifications must contain the following: ( 1 ) Description of the project;
( 2 ) Description of all sources, consumptive uses and diversions related to the project;
( 3 ) Description of the requested modification;
( 4 ) Statement of the need for the requested modification; and
( 5 ) Demonstration that the anticipated impact of the requested modification will not adversely impact the water resources of the basin.
( g ) For any applications, the Executive Director or Commission may require other information not otherwise listed in this section.
[82 FR 29390, June 29, 2017, as amended at 86 FR 52968, Sept. 24, 2021]