Connecticut Administrative Code › Title 26 - Fisheries and Game › 141b - Stream Flow Standards and Regulations › Section 26-141b-3 - Applicability

Current through July 10, 2024
(a) The Stream Flow Standards and Regulations
			 shall apply to all river or stream systems in this state.
(b) Any person owning or operating a dam that
			 impounds or diverts the waters of a river or stream system or that affects the
			 flow of water in such a system shall comply with the Stream Flow Standards and
			 Regulations. Any dam owner or operator previously subject to the stream flow
			 minimum release standards in sections
			 26-141a-1 to
			 26-141a-8,
			 inclusive, of the Regulations of Connecticut State Agencies, shall continue to
			 comply with such standards until such time as the dam owner or operator
			 complies with the new minimum release standards prescribed in or pursuant to
			 section
			 26-141b-6 of
			 the Regulations of Connecticut State Agencies.
(c) Notwithstanding subsection (b) of this
			 section, any person owning or operating a dam shall be exempt from the
			 provisions of the Stream Flow Standards and Regulations when such dam is used
			 for:
(1) Hydroelectric power generation,
			 provided such operation represents the principal purpose of the dam and
			 operation is subject to the jurisdiction of the Federal Energy Regulatory
			 Commission;
(2) Temporary
			 inspection, maintenance, repair or modification to a dam, provided all federal,
			 state and local authorizations have been obtained and are complied
			 with;
(3) Diversion of water for
			 fire emergency purposes;
(4)
			 Diversion of water for an agricultural operation, provided such operation
			 follows generally accepted agricultural practices. Inspection and approval of
			 such operation by the Commissioner of Agriculture shall be prima facie evidence
			 that such operation follows generally accepted agricultural
			 practices;
(5) Diversion of water
			 for a golf course, provided the owner or operator of any such golf course:
(A) certifies, on a form provided by the
			 commissioner, that the golf course's operation is in compliance and will
			 maintain compliance with the department's "Best Management Practices For Golf
			 Course Water Use" manual, as may be amended from time to time by an advisory
			 committee convened by the department consisting of members of the golf course
			 industry, consultants, public interest groups, government agencies and the
			 academic community; and
(B)
			 complies with the recordkeeping and reporting requirements of subsection (a) of
			 section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies;
(6) Operation of a government-maintained
			 flood control dam for the protection of property;
(7) Operation of a dam that is not
			 constructed on a river, stream or brook.
(8) Operation of a dam at the base of which
			 the waters are tidally-influenced;
(9) Diversion of water authorized by the
			 commissioner pursuant to 33 U.S.C.
(10) Diversion of water in a manner and
			 degree that is specified by order of the commissioner for the abatement of
			 pollution pursuant to sections
			 22a-133e,
			 22a-424,
			 22a-428,
			 22a-430,
			 22a-431,
			 22a-432,
			 22a-449
			 or
			 22a-451
			 of the Connecticut General Statutes, or as specified in approved plans
			 submitted pursuant to such an order;
(11) Diversion of water caused by drawing
			 down the surface elevation of an impoundment and subsequent refilling for the
			 purpose of aquatic weed control, water quality control, seasonal drawdown, or
			 inspection or maintenance of a dam, gate house, outlet works, reservoir,
			 shoreline or dock, provided:
(A) the surface
			 elevation of the impoundment is lowered only to the elevation and for the
			 amount of time necessary for aquatic weed control, water quality control, or
			 inspection or maintenance of dam, gate house, outlet works, reservoir,
			 shoreline or dock; and
(B) during
			 drawdown and refilling periods, water is continuously released in an amount no
			 less than the minimum of either the rearing and growth bioperiod Q80 or the
			 natural inflow of water;
(12) Diversion operated in compliance with a
			 diversion permit issued by the commissioner pursuant to sections
			 22a-368
			 or
			 22a-378a
			 of the Connecticut General Statutes;
(13) Diversion subject to a flow management
			 plan contained in a resolution, agreement or stipulated judgment to which the
			 state, acting through the commissioner, is a party, or the management plan
			 developed pursuant to section 3 of Public Act 00-152;
(14) Operation of a dam designed and
			 constructed for the primary purpose of providing temporary detention of
			 stormwater during and immediately following a storm event;
(15) Operation of a dam such that, unless the
			 Commissioner of Public Health determines that a water supply emergency exists,
			 no active manipulation of the storage of water occurs behind the dam and no
			 withdrawal of water occurs from within the impoundment, and only if such dam
			 complies with the recordkeeping and reporting requirements of subsections (a)
			 and (b) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies;
(16) Operation of a public water supply dam
			 during periods when no active manipulation of the storage of water occurs
			 behind the dam and no withdrawal of water occurs from within the impoundment,
			 provided:
(A) such dam complies with the
			 recordkeeping and reporting requirements of subsections (a) and (b) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies; and
(B) during any period when active
			 manipulation of storage occurs behind the dam and subsequent refilling periods:
(i) water is continuously released as
			 required pursuant to section
			 26-141b-6 of
			 the Regulations of Connecticut State Agencies; and
(ii) such dam also complies with subsections
			 (c) and (d) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies;
(17) Operation of a public water
			 supply dam immediately upstream of a stream or river segment having a rearing
			 and growth bioperiod Q80 of 0.1 cubic feet per second or less as calculated in
			 accordance with the United States Geological Survey Scientific Investigations
			 report 2010-5052 titled "Regional Regression Equations to Estimate
			 Flow-duration Statistics at ungaged stream sites in Connecticut" or other
			 method acceptable to the Commissioner, provided such dam complies with the
			 recordkeeping and reporting requirements of subsection (a) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies;
(18) Operation of a public water supply dam
			 immediately upstream of a stream or river segment having a rearing and growth
			 bioperiod Q80 between 0.1 and 0.2 cubic feet per second as calculated in
			 accordance with the United States Geological Survey Scientific Investigations
			 report 2010-5052titled "Regional Regression Equations to Estimate Flow-duration
			 Statistics at ungaged stream sites in Connecticut" or other method acceptable
			 to the Commissioner, provided the Commissioner has approved in writing a
			 written exemption pursuant to subdivision (10) of section
			 26-141b-6 of
			 the Regulations of Connecticut State Agencies and such dam complies with the
			 recordkeeping and reporting requirements of subsection (a) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies;
(19) Operation of a public water supply dam
			 having an outlet structure that releases to a man-made conveyance structure or
			 channel that discharges into an impoundment, provided releases from the
			 downstream dam comply with section
			 26-141b-6 of
			 the Regulations of Connecticut State Agencies, such dam complies with the
			 recordkeeping and reporting requirements of subsection (a) of section
			 26-141b-7
			 of the Regulations of Connecticut State Agencies, and the Commissioner has
			 approved in writing a written exemption pursuant to subdivision (10) of section
			 26-141b-6 of
			 the Regulations of Connecticut State Agencies; or
(20) Diversion of water authorized by a
			 special act of the Connecticut legislature effective as of the date of the
			 Stream Flow Standards and Regulations when such diversion is identified in the
			 comprehensive flow management plan, including any report or study referenced
			 therein, required by section 3 of the federal Wild and Scenic Rivers
			 Act.