Ala. Admin. Code r. 305-7-10-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-7-10-.05 - Review Of Declaration Of Beneficial Use

(1) The Office of Water Resources shall review the Declaration of Beneficial Use to determine that it is complete.

(2) If the Declaration of Beneficial Use is determined to be incomplete, the applicant will be so advised within thirty (30) days of the receipt of the Declaration. The notice to the applicant will identify the deficiencies in the Declaration of Beneficial Use.

(3) If a Declaration of Beneficial Use has been filed in accordance with these Rules, and upon review it is determined that the Declaration is complete and in conformance with the provisions of the Act and these Rules, the Office of Water Resources shall issue, or cause to be issued, a Certificate of Use. A Certificate of Use shall be issued for each withdrawal facility.

(4) In the event a new or revised Certificate of Use has not been issued by the Office of Water Resources within ninety (90) days of a person's submission of a Declaration of Beneficial Use the person submitting such Declaration may continue to divert, withdraw, or consume the waters of the state in compliance with the provisions of the Act and these Rules and shall not be subject to any civil action or order issued by the Office of Water Resources for failing to submit a Declaration of Beneficial Use.

Author: Walter B. Stevenson, Jr.

Ala. Admin. Code r. 305-7-10-.05

Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Statutory Authority:Code of Ala. 1975, §§ 9-10B-19, 9-10B-20.