Section 4.09 - Approval of an Increase in the Present Rate of Interbasin TransferIt is recommended that the Person proposing an action to increase the Present Rate of Interbasin Transfer closely consult with Water Resources Commission Staff at the Department of Conservation and Recreation's Office of Water Resources in conjunction with other state environmental agencies prior to application submittal to ensure that the information provided reflects the conditions of the transfer and the best available science.
(1)Procedures for Approval of an Increase in the Present Rate of Interbasin Transfer. (a) If the Commission, upon request or upon its own initiative, determines that a proposed action is an increase subject to the provisions of M.G.L. c. 21, § 8D, it shall require submission of an application for approval in accordance with 313 CMR 4.09;(b) A Person proposing an action to increase the Present Rate of Interbasin Transfer shall complete the application according to 313 CMR 4.09(2) and other appropriate guidance and submit it to the Executive Director, Water Resources Commission, Executive Office of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston, MA 02114. In addition, at least two bound copies, and an electronic copy must be submitted to Water Resources Commission Staff, Department of Conservation and Recreation Office of Water Resources, 251 Causeway Street, Boston, MA 02114, and a copy must be placed at the public library(ies) of each of the affected communities;(c) The Commission shall publish notice of the receipt of an application for a proposed increase over the Present Rate of Interbasin Transfer in the Environmental Monitor and send a copy of the notice to the municipalities directly affected, and to the water and sewer departments of the communities in the basin affected;(d) The Commission may require such additional information from the Person proposing an action to increase the Present Rate of Interbasin Transfer or from other appropriate Persons or agencies as it deems necessary to conduct this review;(e) The Commission shall, within 60 days of a determination that the application is complete, or that all requested additional information has been received, or within 60 days after MEPA compliance if it is required, whichever is later, conduct public hearings, and within 60 days of completing said hearings shall complete its review and make a Decision on the requested action to increase the Present Rate of Interbasin Transfer;(f) During the period in which the Commission must reach a Decision to approve or deny the proposed Interbasin Transfer, the Person proposing an action to increase the Present Rate of Interbasin Transfer and participating agencies which have jurisdiction by law shall make themselves available at such reasonable times and places designated by the Commission to consult with both the Person proposing an action to increase the Present Rate of Interbasin Transfer and Commission staff; and(g) The review may be extended by written consent of the Commission and the Person proposing an action to increase the Present Rate of Interbasin Transfer for a mutually agreed upon period.(2)Application for Approval of an Increase in the Present Rate of Interbasin Transfer. The application shall contain the following parts:(a)Summary Sheet(s). There shall be a summary sheet(s), which shall contain: 1. The name of the project;2. Any applicable federal or state identification number, including EEA (MEPA) File Number;3. A list of other state permits, approvals, or procedures that are applicable to this project; and4. The name, address, email address, and telephone number of the Person proposing an action to increase the Present Rate of Interbasin Transfer.(b)Description of the Proposed Interbasin Transfer. The Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of the nature and extent of the proposal. The description should include: 1. An approximate timetable for the project;2. Where applicable, the present transfer system including out-of-basin conveyance capacity, storage capacity, withdrawal constraints or other limiting factors;3. A description of the proposed action to increase the Present Rate of Interbasin Transfer, proposed and supporting information showing how the increase was determined, the timing and amounts to be withdrawn and transferred or stored in reservoirs, proposed changes in structure of the Transfer Facilities and changes in withdrawal or transfer constraints;4. The reasons for the transfer and an evaluation of how it supports the long-range water resources planning of the applicant;5. The name and location of the sources of the proposed Interbasin Transfer, delineated on a map with sufficient detail to show the major River Basin boundaries of the affected area(s); any potentially affected waterbodies; the name of the communities, sections of communities, or water district(s) or sewer district(s), as applicable; the wastewater discharge point; and special resource values potentially affected by this transfer;6. A list of known entities whose water use could be affected by the proposed transfer; and7. For all wastewater transfers, the following information should be provided:a. Available capacity of the wastewater treatment facility to receive the wastewater; andb. Verification that the permitting authority for the wastewater treatment facility has been notified of the Person's proposed action to increase the Present Rate of Interbasin Transfer and a copy of that notification.(c)Discussion of the Development of Viable Sources in the Receiving Area. The Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a description of efforts made to identify and develop Viable Sources in the receiving area as alternatives to the Interbasin Transfer. The description shall be in sufficient detail for the Commission to determine if all reasonable efforts have been made to identify and develop in-basin alternatives to the proposed transfer that are environmentally-sound, cost-effective, and technologically feasible. The Viable Sources discussion should include location and assessment of existing, abandoned, and potential alternatives in the Receiving Area that were considered, but rejected. Feasibility of obtaining additional water supply or wastewater services from cities, towns or districts within the same basin should be evaluated. The reason for the rejection of alternatives should be clearly stated and include, but not be limited to: consideration of cost, feasibility of obtaining suitable sites for water supply development or wastewater treatment or discharge, and/or environmental impacts. A copy of any studies or reports evaluating the alternatives should be submitted or referenced.
For all wastewater transfers, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a final Comprehensive Wastewater Management Plan, or other appropriate study and include a discussion of the feasibility of implementing wastewater reuse in accordance with 314 CMR 20.00: Reclaimed Water Permit Program and Standards.
(d)Description of Conservation Measures in the Receiving Area. The Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of all measures to conserve water that have been completed, are in progress, or are programmed for continuation in the Receiving Area. These measures should be in conformance with the Massachusetts Water Conservation Standards. 1. In the case of water supply transfers and wastewater transfers triggered by the development of a water supply source, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of the following measures: a. Water audit including, but not limited to, the identification of distribution system sources of unaccounted-for water;b. Leak detection and repair program;c. Metering and meter maintenance program;e. Billing cycle frequency;f. Water conservation plan including, but not limited to, a public information program to promote water conservation, and a contingency plan for limiting use of water during seasonal or drought shortages; andg. Measures to protect water supply sources currently serving the Receiving Area including, but not limited to, the current aquifer protection overlay districts, aquifer protection bylaws and stormwater or low-impact development bylaws.2. In the case of wastewater transfers, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of the following measures: a. An approved Infiltration/Inflow reduction program or Sewer System Evaluation Study that has been developed in accordance with 314 CMR 12.04: Maintenance of Treatment Works and Sewer Systems;b. An Operation and Maintenance plan for the wastewater system completed in accordance with 314 CMR 12.04(1); andc. In cases where the Person proposing an action to increase the Present Rate of Interbasin Transfer has control over the water supply system, the Person shall provide a detailed description of the supplier's water conservation program. In cases where the Person proposing an action to increase the Present Rate of Interbasin Transfer does not have control over the water supply system, reasonable efforts must be taken to provide a description of the water conservation program in the Receiving Area. (e)MEPA Compliance. The application shall comply with MEPA and should include, where required, an Environmental Notification Form and all of the information produced in the MEPA process available at the time of the application.(f)Description of Comprehensive Forestry Management Programs. For increases in the Present Rate of Interbasin Transfer of water, or for wastewater transfers triggered by the development of a water supply source, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of existing and proposed comprehensive forestry management programs for surface water supply source watershed lands currently serving the Receiving Area and owned, leased, or otherwise controlled by the applicant, with a copy of any applicable comprehensive forestry management plans included. The plan should be approved by the Department of Conservation and Recreation or other appropriate agency.(g)Description of the Instream Flow of the Donor Basin. The Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of the hydrologic, hydrogeologic and ecological characteristics of the River Basin from which the water is to be transferred, including any relevant relationships between surface water and groundwater. 1. For all transfers, the description should include data to evaluate the impact of the proposed increase in the Present Rate of Interbasin Transfer on streamflow and other hydrologic characteristics and on instream water uses and should include, but not be limited, to: a. A daily hydrograph of a sufficient period showing the potential changes induced by the transfer and a table of the daily streamflow for the same period with and without the proposed additional withdrawal, with the percent reduction in daily streamflow due to the proposed increase in the Present Rate of Interbasin Transfer;b. An analysis of changes in the duration, frequency and magnitude of flood flows and low flows, and a description of the effects on the 95% Exceedance Flow;c. An analysis of effects on the 7Q10 flows used in NPDES permits for all wastewater treatment facilities that discharge downstream of the transfer source(s), including 7Q10 flow(s) used in the NPDES permits, recalculated 7Q10 flow(s) that include the proposed transfer, a description of how the transfer will affect the 7Q10 flow(s) and the permitted wastewater facilities downstream;d. Verification that the permitting authority for the wastewater treatment facilities has been notified of the Person's proposed action to increase the Present Rate of Interbasin Transfer and a copy of that notification;e. Changes to other hydrologic characteristics including, but not limited to, stage, velocity, and sediment regimen;f. Effects on water levels of nearby reservoirs, lakes, and ponds and the impacts to the magnitude and duration of flow to associated outlet streams;g. Effects on indigenous and anadromous fisheries;h. Effects on wetlands and dependent flora and fauna;i. Effects on water quality, recreational uses, and aesthetic values;j. Effects on established riparian uses and uses dependent on recharge from streamflow;k. Effects on hydropower production; l. Effects on present and foreseeable water withdrawals and undeveloped rights within the Donor Basin;m. Effects on other instream uses, present and foreseeable;n. Any existing studies or other documentation of flow alteration; ando. Any proposed flow management provisions, or other measures to minimize impacts of the transfer on streamflows.2. For all water supply transfers, and wastewater transfers triggered by the development of a water supply source, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of the drainage area above the withdrawal point and the distance of the withdrawal point from the nearest surface water body (including a river, lake, or wetland).3. In the case of groundwater withdrawals, the following information shall also be provided: a. The Department of Environmental Protection approved pumping test report for the proposed source, or, if not a public water supply source, a comparable hydraulic analysis;b. A map of the site showing test wells, observation wells, and the location of geological cross-sections;c. Static water table elevation or potentiometric surface contour map;d. Transient (prior to shut down) water table elevation or potentiometric surface contour map;e. Geologic cross-sections including pre- and end of pumping test groundwater levels; andf. Documentation of groundwater modeling, if used, describing input and output data, model calibration, water balance data, and characterization of groundwater and surface water contributing to the pumping wells.4. In the case of transfers primarily derived from lakes, ponds, reservoirs or other impoundments either directly or through groundwater withdrawals, the Person proposing an action to increase the Present Rate of Interbasin Transfer shall provide a detailed description of:a. Spill or downstream flow data for the impoundment(s) in a reservoir system, if available;b. Reservoir management plan or operating information (including a drought and demand management plan, if used);c. Simulated streamflow impacts based on the current and proposed withdrawal conditions;d. Leakage/seepage analysis (characterize flow downstream of the terminal reservoir during non-spill periods), if available; ande. A narrative description of seasonal flow characteristics downstream of the terminal reservoir under current and proposed operating conditions.5. For wastewater transfers, except those triggered by the development of a local water source that is transferred out of the basin as wastewater, the type of information and analyses required will depend on the circumstances of the wastewater transfer, but shall include, as applicable:a. Delineation of the areas proposed to be sewered and the upstream watershed area of thesite(s);b. Estimate of the amount of wastewater to be transferred, on both an average annual and peak flow basis;(h)Application Requirement Waiver. The Commission may, in appropriate cases, waive certain application requirements in 313 CMR 4.00 not specifically required by state or federal law. It may also require the submission of additional information if needed to reach a Decision.(3)Criteria for Evaluation of Applications for Approval of an Increase in the Present Rate of Interbasin Transfer. The Commission shall consider the following criteria in making its Decision to approve a proposed action to increase the Present Rate of Interbasin Transfer. (a)Criterion 1 - Compliance with MEPA. That an environmental review pursuant to MEPA, if required, has been complied with for the proposed increase.(b)Criterion 2 - Viable Sources. That all reasonable efforts have been made to identify and develop all Viable Sources in the Receiving Area of the proposed Interbasin Transfer.(c)Criterion 3 - Water Conservation. That all practical measures to conserve water have been taken in the Receiving Area including, but not limited to the following:1. For water supply transfers, and for wastewater transfers triggered by the development of a water supply source: a. A written water conservation plan that describes how the Person proposing an action to increase the Present Rate of Interbasin Transfer conforms with the most recent version of the Massachusetts Water Conservation Standards, including, at a minimum: i. The identification of distribution system sources of unaccounted-for water. The Person proposing an action to increase the Present Rate of Interbasin Transfer must conform with the Massachusetts Water Conservation Standards for leak detection. Leaks identified as a result of the survey shall be repaired to the greatest extent feasible;ii. Metering of all water users in the Receiving Area and a program of meter maintenance, repair or replacement;iii. Implementation of Rate Structures that reflect the costs of operation, proper maintenance, proposed capital improvements, and water conservation and that encourage the same;iv. Public information programs to promote water conservation, the use of water conserving devices, and industrial and commercial recycling and reuse; andv. Contingency Plans for limiting the use of water during seasonal shortages or droughts.b. Implementation of land use controls to protect existing water supply sources of the Receiving Area that meet the requirements of the Department of Environmental Protection published in 310 CMR 22.20B: Surface Water Supply Protection, 22.20C: Surface Water Supply Protection for New and Expanded Class A Surface Water Sources and 22.21: Ground Water Supply Protection.2. For wastewater transfers: a. An active program to reduce sources of inflow and infiltration in the Donor Basin;b. Metering of existing wastewater transfers at location(s) sufficient to document wastewater flows out of basin. Use of regional sewer meters that document wastewater flows out of basin is acceptable where these meters are in place;c. An Operation and Maintenance manual for the wastewater system completed in accordance with 314 CMR 12.04: Maintenance of Treatment Works and Sewer Systems; andd. For wastewater transfers where the Person proposing an action to increase the Present Rate of Interbasin Transfer has control over the water supply system, a program for implementing a water conservation program based on the Massachusetts Water Conservation Standards. In cases where the Person proposing an action to increase the Present Rate of Interbasin Transfer does not have control over the water supply system, the Person must have made reasonable efforts to coordinate with the water supplier to implement a water conservation program based on the Massachusetts Water Conservation Standards. (d)Criterion 4 - Forestry Management Program. For water supply transfers, and for wastewater transfers triggered by the development of a water supply source, that a comprehensive forestry management program which balances water yields, wildlife habitat, biodiversity, and natural beauty has been implemented on any watershed lands with surface water sources currently serving the Receiving Area and under control of the Person proposing an action to increase the Present Rate of Interbasin Transfer.(e)Criterion 5 - Reasonable Instream Flow. That reasonable instream flow in the river from which the water is transferred is maintained. In determining whether reasonable instream flow would be maintained, the Commission shall take into consideration the impact of the proposed action to increase the Present Rate of Interbasin Transfer on the streamflow dependent ecosystems and water uses and the potential to affect instream values as listed in 313 CMR 4.09(2)(g), including: 1. The drainage area of the withdrawal and the distance of the withdrawal point from the nearest surface water body (such as a river, lake, or wetland);2. Effects on flood flows, intermediate flows and low flows, considering existing flow alteration;3. Effects on groundwater and surface water elevations;4. Effects on stage, velocity, and sediment regimen;5. Significance of indigenous and anadromous fisheries and fauna and effects thereon;6. Significance of wetlands and dependent flora and fauna and effects thereon;7. Effects on water quality, recreational uses, aesthetic values, areas of critical environmental concern, state-listed species and their habitats protected under the Massachusetts Endangered Species Act and regulations, fisheries, eelgrass, shellfish beds and areas protected under Article 97 of the Amendments to the Massachusetts Constitution;8. Effects on established riparian uses and uses dependent on recharge from stream-flow;9. Effects on hydropower production;10. Effects on other water withdrawals and undeveloped rights within the Donor Basin; and11. Effects on other instream uses.(f)Criterion 6 - Impacts of Groundwater Withdrawals. In the case of groundwater withdrawals, the results of pumping tests will be used to indicate the impact of the proposed withdrawal on static water levels, the cone of depression, the potential impacts on adjacent wells and lake and pond levels, and the potential to affect instream values as listed in 313CMR4.09(2)(g).(f)Criterion 7 - Cumulative Impacts. The Commission shall consider the cumulative impacts of all past, authorized or proposed transfers on streamflows, groundwater, lakes, ponds, reservoirs or other impoundments in the Donor Basin and relevant sub-basins.Adopted by Mass Register Issue 1361, eff. 3/23/2018.