Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.06 - Water Appropriation or Use › Section 26.17.06.05 - Water Appropriation or Use Permit Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application
				  Procedures for Applicant.
(1) An applicant
				  may not build or operate a structure requiring a permit until the Department
				  has issued the permit.
(2) The
				  applicant shall apply for a permit on forms provided by the
				  Department.
(3) The applicant shall
				  state the specific water use or uses intended under the permit.
(4) Except for applicants proposing to
				  appropriate or use water for agricultural purposes, the applicant shall include
				  the following information with the application:
(a) A map (U.S. Geological Survey 7 1/2
				  minute Quadrangle Series, 1:24000 scale) showing the location of the proposed
				  appropriation or use and the area or structure in which the water use will
				  occur;
(b) The anticipated average
				  daily appropriation calculated on an annual basis for the year projected to
				  have the highest average daily use during the permit period;
(c) For a requested appropriation or use of
				  ground water, the anticipated average daily appropriation during the month of
				  highest use;
(d) For a requested
				  appropriation or use of surface water, the anticipated maximum daily
				  appropriation or use during the permit period; and
(e) Complete plans and specifications for any
				  facility or structure requiring a permit.
(5) For persons proposing to appropriate or
				  use water for agricultural purposes, the Department shall work with the
				  applicant to determine:
(a) The anticipated
				  average daily appropriation calculated on an annual basis for the year
				  projected to have the highest average daily use during the permit period;
				  and
(b) For a requested
				  appropriation or use of:
(i) Ground water,
				  the anticipated average daily appropriation during the month of highest use,
				  or
(ii) Surface water, the
				  anticipated maximum daily appropriation or use during the permit
				  period.
(6)
				  For each housing subdivision or other construction project which may be
				  completed in phases, the applicant shall state the total ultimate water
				  requirements for total development of the site during the permit
				  period.
(7) If a requested
				  appropriation or use is for more than an annual average of 10,000 gallons per
				  day, the applicant shall comply with the notification requirements in COMAR
				  26.01.07.03.
(8) If a requested
				  appropriation or use is for more than an annual average of 10,000 gallons per
				  day, the applicant shall certify on a form provided by the Department that
				  water-conserving fixtures associated with the appropriation or use shall
				  conform to the requirements of Business Occupations and Professions Article, §
											12-205,
				  Annotated Code of Maryland.
(9) The
				  Department may require the applicant to conduct special evaluations, including:
(a) Water quality analyses, well-pumping
				  tests, or geophysical well logging for proposed ground water
				  appropriations;
(b) Water quality
				  analyses, watercourse flow measurements, or aquatic habitat evaluations for
				  proposed surface water withdrawals;
(c) Water audits, water supply capacity
				  management plans, water conservation plans, or estimates of distribution system
				  leakage; and
(d) For public water
				  systems requesting special consideration under Environment Article, §
												5-501(b),
				  Annotated Code of Maryland, evaluations as described in Applications for Water
				  Allocation: Guidance Document for Public Water Systems Providing Water to
				  Municipal Corporations or Priority Funding Areas in Carroll, Frederick, and
				  Washington Counties (June 2014).