New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1806 - Review And Approval Of Projects › General Provisions › Section 1806.4 - Projects requiring review and approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except for activities relating to site
				  evaluation or those authorized under section
				  1806.34 of this Part, no person
				  shall undertake any of the following projects without prior review and approval
				  by the commission. The project sponsor shall submit an application in
				  accordance with sections
				  1806.10 -1806.16 of this Part and
				  shall be subject to the applicable standards in sections
				  1806.20 -1806.25 of this Part.
(1) Consumptive use of water. Any consumptive
				  use project described below shall require an application to be submitted in
				  accordance with section
				  1806.13 of this Part, and shall be
				  subject to the standards set forth in section
				  1806.22 of this Part, and, to the
				  extent that it involves a withdrawal from groundwater or surface water, shall
				  also be subject to the standards set forth in section
				  1806.23 of this Part. Except to
				  the extent that they involve the diversion of the waters of the basin, public
				  water supplies shall be exempt from the requirements of this section regarding
				  consumptive use; provided, however, that nothing in this section shall be
				  construed to exempt individual consumptive users connected to any such public
				  water supply from the requirements of this section. Provided the commission
				  determines that low flow augmentation projects sponsored by the commission's
				  member states provide sufficient mitigation for agricultural water use to meet
				  the standards set forth in section
				  1806.22 of this Part, and except
				  as otherwise provided below, agricultural water use projects shall not be
				  subject to the requirements of this paragraph. Notwithstanding the foregoing,
				  an agricultural water use project involving a diversion of the waters of the
				  basin shall be subject to such requirements unless the property, or contiguous
				  parcels of property, upon which the agricultural water use project occurs is
				  located at least partially within the basin.
(i) Any project initiated on or after January
				  23, 1971, involving a consumptive water use of an average of 20,000 gallons per
				  day (gpd) or more in any consecutive 30-day period.
(ii) With respect to projects previously
				  approved by the commission for consumptive use, any project that will involve
				  an increase in a consumptive use above that amount which was previously
				  approved.
(iii) With respect to
				  projects that existed prior to January 23, 1971, any project that increases its
				  consumptive use by an average of 20,000 gpd or more in any consecutive 30-day
				  period above its pre-compact consumptive use.
(iv) Any project, regardless of when
				  initiated, involving a consumptive use of an average of 20,000 gpd or more in
				  any 30-day period, and undergoing a change of ownership, unless such project
				  satisfies the requirements of subdivision (b) or (c) of this section or the
				  existing commission approval for such project is transferred pursuant to
				  section 1806.6 of this Part.