reglab/housing_qa huggingface dataset:
NJ Rev Stat § 58:1A-2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-2 - Legislative findings and declarations

58:1A-2. Legislative findings and declarations  The Legislature finds and declares that the water resources of the State are public assets of the State held in trust for its citizens and are essential to the health, safety, economic welfare, recreational and aesthetic enjoyment, and general welfare, of the people of New Jersey; that ownership of these assets is in the State as trustee of the people; that because some areas within the State do not have enough water to meet their current needs and provide an adequate margin of safety, the water resources of the State and any water brought into the State must be planned for and managed as a common resource from which the requirements of the several regions and localities in the State shall be met; that the present regulatory system for these water resources is ineffective and counterproductive; that it is necessary to insure that within each basin there exist adequate water supplies to accommodate present and future needs; that to ensure an adequate supply and quality of water for citizens of the State, both present and future, and to protect the natural environment of the waterways of the State, it is necessary that the State, through its Department of Environmental Protection, have the power to manage the water supply by adopting a uniform water diversion permit system and fee schedule, a monitoring, inspection and enforcement program, a program to study and manage the State's water resources and plan for emergencies and future water needs, and regulations to manage the waters of the State during water supply and water quality emergencies. L.1981, c. 262, s. 2, eff. Aug. 13, 1981.
NJ Rev Stat § 58:1A-3 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-3 - Definitions.

58:1A-3 Definitions.  3. As used in the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) and P.L.2003, c.251 (C.58:1A-13.1 et al.): a. "Commissioner" means the Commissioner of the Department of Environmental Protection or the commissioner's designated representative; b. "Consumptive use" means any use of water diverted from surface or ground waters other than a nonconsumptive use as defined in this section; c. "Department" means the Department of Environmental Protection; d. "Diversion" means the taking or impoundment of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere; e. "Nonconsumptive use" means the use of water diverted from surface or ground waters in such a manner that it is returned to the surface or ground water at or near the point from which it was taken without substantial diminution in quantity or substantial impairment of quality; f. "Person" means any individual, corporation, company, partnership, firm, association, owner or operator of a water supply facility, political subdivision of the State and any state, or interstate agency or Federal agency; g. "Waters" or "waters of the State" means all surface waters and ground waters in the State; h. "Safe or dependable yield" or "safe yield" means that maintainable yield of water from a surface or ground water source or sources which is available continuously during projected future conditions, including a repetition of the most severe drought of record, without creating undesirable effects, as determined by the department; i. "Aquaculture" means the propagation, rearing and subsequent harvesting of aquatic species in controlled or selected environments, and the subsequent processing, packaging and marketing, and shall include, but need not be limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting, and providing for protection from predators. "Aquaculture" shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or federal law or regulation; j. "Aquatic organism" means and includes, but need not be limited to, finfish, mollusks, crustaceans, and aquatic plants which are the property of a person engaged in aquaculture; k. "Six Mile Run Reservoir Site" means the land acquired by the State for development of the Six Mile Run Reservoir in Franklin Township, Somerset County, as identified by the Eastern Raritan Feasibility Study and the New Jersey Statewide Water Supply Plan prepared and adopted by the department pursuant to section 13 of P.L.1981, c.262 (C.58:1A-13). L.1981,c.262,s.3; amended 1993, c.202, s.11; 1997, c.236, s.29; 2003, c.251, s.1.
NJ Rev Stat § 58:1A-5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-5 - Supply and diversion of water; rules and regulations

58:1A-5. Supply and diversion of water; rules and regulations  The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations to control, conserve, and manage the water supply of the State and the diversions of that water supply to assure the citizens of the State an adequate supply of water under a variety of conditions and to carry out the intent of this act. These rules and regulations may apply throughout the State or in any region thereof and shall provide for the allocation or the reallocation of the waters of the State in such a manner as to provide an adequate quantity and quality of water for the needs of the citizens of the State in the present and in the future and may include, but shall not be limited to: a. A permit system to allocate or reallocate any or all of the waters of the State, which system shall provide for the issuance of permits to diverters of more than 100,000 gallons per day of the waters of the State, containing at a minimum the conditions required by this act; b. Standards and procedures to be followed by diverters to ensure that: (1) Proper methods are used to divert water; (2) Only the permitted quantity of water is diverted and that the water is only used for its permitted purpose; (3) The water quality of the water source is maintained and the water standards for the use of the water are met; (4) The department is provided with adequate and accurate reports regarding the diversion and use of water; c. Inspection, monitoring, reporting and enforcement procedures necessary to implement and enforce the provisions of this act; d. Standards and procedures to be followed to determine the location, extent and quality of the water resources of the State and plan for their future use to meet the needs of the citizens of the State; e. Standards and procedures to be followed to maintain the minimum water levels and flow necessary to provide adequate water quantity and quality; f. Standards and procedures governing the maintenance of adequate capacity by, and withdrawal limits for, water purveyors. L.1981, c. 262, s. 5, eff. Aug. 13, 1981.
NJ Rev Stat § 58:1A-5.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-5.1 - Establishment of permit system for certain diversions of water.

58:1A-5.1 Establishment of permit system for certain diversions of water.  39. Notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection, pursuant to section 34 of P.L.2004, c.120 (C.13:20-32), shall establish a permit system to provide for review of allocations or reallocations, for other than agricultural or horticultural purposes, of waters of the Highlands, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), to provide for the issuance of permits for diversions either individually or cumulatively of more than 50,000 gallons per day of waters of the Highlands in the Highlands preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3). L.2004,c.120,s.39.
NJ Rev Stat § 58:1A-7.1 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-7.1 - Transport of water from Pinelands National Reserve; prohibition

58:1A-7.1. Transport of water from Pinelands National Reserve; prohibition  The provisions of any law, rule or regulation to the contrary notwithstanding, no person shall transport, or cause to be transported, more than 10 miles outside the boundary of the Pinelands National Reserve, any ground or surface water therefrom; provided, however, that nothing in this section shall prohibit the continued transportation of any such water utilized for public water supply purposes prior to the effective date of this act. As used in this section, "Pinelands National Reserve" means the approximately 1,000,000 acre area so designated by section 502 of the "National Parks and Recreation Act of 1978" (P.L. 95-625), and generally depicted on the map entitled "Pinelands National Reserve Boundary Map" numbered NPS/80,011A and dated September 1978. L.1981, c. 277, s. 1, eff. Sept. 8, 1981.
NJ Rev Stat § 58:1A-7.2 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-7.2 - No tax, fee imposed on diversion of water; exceptions; "aquaculture" defined.

58:1A-7.2 No tax, fee imposed on diversion of water; exceptions; "aquaculture" defined.  2. The provisions of any law, rule or regulation to the contrary notwithstanding, no tax, fee or other charge shall be imposed on the diversion, for agricultural or horticultural purposes, including aquaculture, of any ground or surface water of this State; provided, however, that nothing in this section shall prohibit the imposition of a fee, pursuant to law, for the cost of processing, monitoring and administering a water usage certification program for persons who divert any ground or surface water for agricultural and horticultural purposes, or other agriculturally-related purposes, including aquaculture. As used in this section, "aquaculture" means the propagation, rearing, and subsequent harvesting of aquatic organisms in controlled or selected environments, and the subsequent processing, packaging and marketing, and shall include, but need not be limited to, activities such as stocking, intervention in the rearing process to increase production, feeding, transplanting, and providing for protection from predators and shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or federal law or regulation, and "aquatic organism" means and includes, but need not be limited to, finfish, mollusks, crustaceans, and aquatic plants which are the property of a person engaged in aquaculture. L.1981,c.277,s.2; amended 1997, c.236, s.31.
NJ Rev Stat § 58:1A-7.4 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-7.4 - Water Allocation Credit Transfer Program

58:1A-7.4. Water Allocation Credit Transfer Program  5. a. There is established in the department the Water Allocation Credit Transfer Program. The purpose of this program is to provide for the transfer of a privilege to divert water within an area of critical water supply concern, as designated by the commissioner pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6), without adversely impacting the aquifer.  b. Within 60 days of the effective date of P.L.1993, c.202, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section. These rules and regulations shall include:  (1) A procedure for the review and approval or disapproval of the transfer of water allocation credits; and  (2) A provision that a well for which all privileges to divert have been transferred shall be closed and capped to prevent the pumping of water from that well in the future.  c. The department shall provide for the expeditious review and approval of a plan submitted by a county which facilitates the transfer of water allocation credits. This review and approval may occur prior to the adoption of the rules and regulations required pursuant to this section.  L.1993,c.202,s.5.
NJ Rev Stat § 58:1A-7.5 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-7.5 - Establishment of Water Allocation Credit Exchange; regional exchange

58:1A-7.5. Establishment of Water Allocation Credit Exchange; regional exchange  6. a. The governing body of a county wherein an area of critical water supply concern has been designated by the commissioner pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) may establish a Water Allocation Credit Exchange to facilitate the transfer of water allocation credits within the area of critical water supply concern.  (1) Any two or more adjacent or proximate counties located within any portion of a designated area of critical water supply concern may establish a Regional Water Allocation Credit Exchange to facilitate the transfer of water allocation credits within the area of critical water supply concern on a cooperative basis.  (2) Any Water Allocation Credit Exchange established in a county, by resolution of its governing body, prior to the effective date of P.L.1993, c.202 (C.58:1A-7.3 et al.) shall be vested with the authority provided herein. (3) Any Regional Water Allocation Credit Exchange established in two or more adjacent or proximate counties, by resolution of their respective governing bodies, prior to the effective date of P.L.1993, c.202 (C.58:1A-7.3 et al.) shall be vested with the authority provided herein.  b. The owner of a sending well in a designated area of critical water supply concern may transfer a water allocation credit to the owner of a receiving well requiring the additional gallonage to meet the demand for water within its service area. This transfer may occur through a direct "arms length" transaction between the well owners, or between a well owner and a local government unit, or through the auspices of a county Water Allocation Credit Exchange established for this purpose pursuant to the provisions of this section.  The transfer shall be subject to confirmation by the department. The department shall issue a determination within 30 days of receipt of a request for confirmation and shall not unreasonably withhold confirmation of the transfer unless it can be demonstrated that the transfer will result in a significant adverse impact on the designated area of critical water supply concern. Upon confirmation of the transfer, the department shall modify the water allocation permits issued for diversions from the sending and receiving wells to reflect the water allocation credits being transferred, in accordance with the provisions of section 6 of P.L.1981, c.262 (C.58:1A-6).  c. The owner of a receiving well may increase the amount of gallons of water per year pumped from that well at a level equaling the amount of the water allocation credit.  L.1993,c.202,s.6.
NJ Rev Stat § 58:1A-7.6 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-7.6 - Report to Governor, Legislature

58:1A-7.6. Report to Governor, Legislature  7. The department shall prepare a report to the Governor and the Legislature on the Water Allocation Credit Transfer Program and make recommendations therein concerning the implementation and effectiveness of the program. The report shall be transmitted to the Governor, the President of the Senate and the Speaker of the General Assembly no later than 24 months following the effective date of P.L.1993, c.202 (C.58:1A-7.3 et al.), and every 24 months thereafter.  L.1993,c.202,s.7.
NJ Rev Stat § 58:1A-8 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-8 - Provisions of permit

58:1A-8. Provisions of permit  8. Every permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall include provisions:  a. Fixing the term of the permit; b. Fixing the maximum allowable diversion, expressed in terms of a daily, monthly or annual diversion;  c. Identifying and limiting the use or uses to which the water may be put; d. Requiring the diverter to meter the water being diverted and report the amount and quality of the water being diverted;  e. Allowing the department to enter the diverter's facilities or property to inspect and monitor the diversion;  f. Requiring that all water diverted for a nonconsumptive use be returned to a reasonably proximate body of water designated by the department; g. Allowing the transfer of a permit with the consent of the department, but only for the identical use of the waters by the transferee;  h. Governing the operations and maintenance of the specific facilities, equipment or premises not otherwise established in regulations because of the unique nature of the facilities, equipment or premises;  i. Permitting the department to modify, suspend or terminate the permit, after notice and public hearing, for violations of its conditions, P.L.1981, c.262 (C.58:1A-1 et al.), P.L.1993, c.202 (C.58:1A-7.3 et al.), regulations adopted or orders issued by the department, and when deemed necessary for the public interest;  j. Permitting the department to modify the conditions of a diversion permit issued or water usage certification approved pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) in a designated area of critical water supply concern in order to (1) limit or reduce the quantity of water which lawfully may be diverted to the safe or dependable yield of the resource; (2) transfer the point of diversion; or (3) require a permittee to utilize alternate sources of water, upon a determination that the existing diversion or continued use of the same source in excess of the safe or dependable yield, as the case may be, adversely impacts or threatens to adversely impact the water resources of the State;  k. Allowing the transfer of water allocation to a different point of diversion within a designated area of critical water supply concern with the approval of the department.  L.1981,c.262,s.8; amended 1993,c.202,s.4.
NJ Rev Stat § 58:1A-9 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-9 - Rates

58:1A-9. Rates  9. The Board of Regulatory Commissioners shall fix just and reasonable rates for any public water supply system subject to its jurisdiction, as may be necessary for that system to comply with an order issued by the department or the terms and conditions of a permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.).  L.1981,c.262,s.9; amended 1993,c.202,s.8.
NJ Rev Stat § 58:1A-11 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-11 - Administration fees; diversion permits; water use registration; disposition.

58:1A-11 Administration fees; diversion permits; water use registration; disposition.  11. a. The department shall in accordance with a fee schedule adopted by rule and regulation, establish and charge reasonable administrative fees, which fees shall be based upon, and not exceed, the estimated cost of processing, monitoring, administering and enforcing the diversion permits issued by the department pursuant to the provisions of sections 6 and 7 of P.L.1981, c.262 (C.58:1A-6 and 58:1A-7) or section 39 of P.L.2004, c.120 (C.58:1A-5.1). Any person who is required to apply for and obtain a water use registration pursuant to rules and regulations adopted by the department to administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) or P.L.2004, c.120 (C.13:20-1 et al.) shall, in conjunction with a completed registration form, submit an initial registration fee. Each person who holds a valid water use registration shall pay an annual renewal fee. An annual renewal fee shall not be charged for a volunteer fire company created pursuant to N.J.S.40A:14-70.1. b. The department shall deposit the fees in the "Environmental Services Fund" created by P.L.1975, c.232 (C.13:1D-30 et seq.). There shall be annually appropriated an amount equivalent to the amount anticipated to be collected as fees by the department for the administration of the water supply management program. L.1981,c.262,s.11; amended 2006, c.90.
NJ Rev Stat § 58:1A-12 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-12 - Condemnation for new or additional supply of water; approval by department

58:1A-12. Condemnation for new or additional supply of water; approval by department  No person supplying or proposing to supply water to any other person shall have the power to condemn lands, water or water privileges for any new or additional source of ground or surface water until that person has first submitted to the department an application for approval to divert the source of the water and the department has approved the application subject to such conditions as it may determine to be necessary to protect the public health and welfare. L.1981, c. 262, s. 12, eff. Aug. 13, 1981.
NJ Rev Stat § 58:1A-13 (2021)
2021 New Jersey Revised Statutes|Title 58 - Waters and Water Supply|Section 58:1A-13 - New Jersey Statewide Water Supply Plan.

58:1A-13 New Jersey Statewide Water Supply Plan.  13. a. The department shall prepare and adopt the New Jersey Statewide Water Supply Plan, which plan shall be revised and updated at least once every five years. b. The plan shall include, but need not be limited to, the following: (1) An identification of existing Statewide and regional ground and surface water supply sources, both interstate and intrastate, and the current usage thereof; (2) Projections of Statewide and regional water supply demands for the duration of the plan; (3) Recommendations for improvements to existing State water supply facilities, the construction of additional State water supply facilities, and for the interconnection or consolidation of existing water supply systems, both interstate and intrastate; (4) Recommendations for the diversion or use of fresh surface or ground waters and saline surface or ground waters for aquaculture purposes; (5) Recommendations for legislative and administrative actions to provide for the maintenance and protection of watershed areas; (6) Identification of lands purchased by the State for water supply facilities that currently are not actively used for water supply purposes, including, but not limited to, the Six Mile Run Reservoir Site, with recommendations as to the future use of these lands for water supply purposes within or outside of the planning horizon for the plan; and (7) Recommendations for administrative actions to ensure the protection of ground and surface water quality and water supply sources. c. Prior to adopting the plan, including any revisions and updates thereto, the department shall: (1) Prepare and make available to all interested persons a copy of the proposed plan or proposed revisions and updates to the current plan; (2) Conduct public meetings in the several geographic areas of the State on the proposed plan or proposed revisions and updates to the current plan; and (3) Consider the comments made at these meetings, make any revisions to the proposed plan or proposed revisions and updates to the current plan as it deems necessary, and adopt the plan. d. Prior to the adoption of any revision to the New Jersey Statewide Water Supply Plan pursuant to this section, the department shall consult with the Highlands Water Protection and Planning Council, established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4), concerning the possible effects and impact of the plan upon the Highlands regional master plan, adopted pursuant to section 8 of P.L.2004, c.120 (C.13:20-8), and the water and other natural resources of the Highlands Region, as defined in section 3 of P.L.2004, c.120 (C.13:20-3). L.1981,c.262,s.13; amended 1997, c.236, s.32; 2003, c.251, s.2; 2004, c.120, s.73; 2005, c.285, s.1.