Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 1 - Mississippi Commission Environmental Quality Surface Water Groundwater Use and Protection Regulations › Rule 11-7-1.2 - Permitting

Current through June 25, 2024
A.
Scope and
				Applicability
- All water, whether occurring on the surface of the
				ground or underneath the surface of the ground, has been declared by statute to
				be among the basic resources of this state and subject to this regulation
				governing control, development, and use of water for all beneficial purposes.
				No person who is not specifically exempted by statute and this regulation shall
				use water without having first obtained a permit as provided herein and without
				having otherwise complied with the provisions of this regulation and any
				applicable permit conditions. Any person committing resources toward the
				construction of a withdrawal/diversion point prior to obtaining a water use
				permit shall do so at their own risk and shall not use water obtained through
				operation of such withdrawal/diversion point without having first obtained a
				permit for such use. Measures set forth in this regulation have been
				promulgated by the commission to effectively and efficiently conserve, manage,
				protect and utilize the water resources of Mississippi. In order to protect and
				preserve the groundwater resources of the state, the Commission may declare
				that mining of an aquifer is occurring in any area of the state where
				withdrawal of groundwater is adversely affecting the quality or quantity of
				water available for beneficial use; is adversely affecting other natural
				resources of the state that are either hydrologically interconnected with the
				aquifer, or are dependent upon discharges from the aquifer as a source of
				water; is posing a threat to the health, safety, or general welfare of the
				public by jeopardizing sustainable sources of water; or is posing a substantial
				threat to the long-term viability of the aquifer as a source of groundwater.
				The Commission may also designate and delineate "special water use areas" where
				water resources including surface water, groundwater, or both are inadequate to
				meet present or reasonably foreseeable needs. However, the lack of a specific
				Commission declaration, designation, or delineation of a "special water use
				area" will in no way diminish the authority of the Commission to issue
				necessary orders, or of the Permit Board to deny permits found to be contrary
				to the public interest, to attach conditions to issued permits as required, or
				to take any other action with regard to an individual permit or application for
				permit as set forth in other sections of this regulation. If the Permit Board
				takes such an action in the absence of a specific Commission declaration,
				designation, or delineation of a "special water use area," the Permit Board
				will specify the scientific or other public policy basis for its action in the
				minutes of the Permit Board meeting and, where applicable, within the permit
				document itself.
B.
Designation of Special Water Use Areas
- The
				Commission shall issue a water use warning or declare and delineate a water use
				caution area for any area of the state where existing water resources,
				including surface water, groundwater, or both, are inadequate to meet present
				or reasonably foreseeable needs; or if mining of an aquifer is occurring. Under
				normal circumstances, the Commission will not designate a water use caution
				area without first attempting to address a problem through the water use
				warning procedure. The water use warning procedure generally involves the
				regulated public, stakeholders, and other interested parties and organizations
				in a collaborative effort to formulate a plan and timetable to resolve the
				problem and seeks a cooperative, voluntary approach to plan implementation.
				However, the decision whether to issue a water use warning or, instead, to
				declare a water use caution area, shall be made pursuant to the criterion
				stated in Miss. Code Ann. Section
				51-3-11(2)(a)
				and (3)(a) as to whether time allows the
				development of a solution through the water use warning process or prompt and
				immediate action is required to protect the resource, thus requiring the
				declaration and delineation of a water use caution area.
(1)
Water Use Warning
				Area
Mississippi Department of Environmental Quality monitors
				water levels and water quality parameters in aquifers at regular intervals and
				utilizes data from stream gaging stations, water quality monitoring stations,
				reports of other state and federal agencies, and historic stream flow records
				on surface waters to assess the quality and availability of water for present
				and projected beneficial uses in various regions of the state. The Commission
				may issue a water use warning when analysis of available scientific data
				identifies unacceptable trends that may lead to possible adverse long-term
				conditions affecting the water resources of the state. Actions that may be
				taken after a water use warning is issued include, but are not limited to, the
				following:
(a) Coordinating with the permit
				holders, political subdivisions, and water management districts within the area
				to develop a plan and implementation schedule for alleviating or correcting the
				conditions, if possible, or to safeguard supplies of water for highest priority
				uses if necessary;
(b) Sending
				notice to all permit holders, political subdivisions, and water management
				districts within the affected area. The notice will describe the conditions
				that required the issuance of the warning, set forth the proposed corrective
				measures, request assistance from all recipients in implementing the identified
				corrective measures, and request voluntary compliance with the proposed
				corrective measures from the permit holders;
(c) Reducing permitted volumes of water
				through either voluntary permittee agreement to implement water conservation
				practices and a conjunctive use plan, or modification of existing permits to
				mandate such action by the permittee;
(d) Establishing a monitoring network to
				verify effectiveness of implementation of the plan; and
(e) Requiring metering and/or reporting for
				all water uses within the affected area, regardless of whether the use may have
				been previously exempted from regulation and reporting.