7 Del. Admin. Code § 7303-1.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 7303-1.0 - General Provisions Section

1.1 Statement of Policy and Authority. The availability of adequate water supplies is paramount to the health, safety and economic welfare of the people of the State of Delaware and its environment. As provided in statute (7Del.C.§ 6001), the State, in the exercise of its sovereign power, acting through the Department of Natural Resources and Environmental Control should "control the development and use of the land and water... resources of the state so as to effectuate full utilization, conservation, and protection of the water resources of the State... to make the maximum contribution to the public benefit". These water resources include water occurring in any water course, lake, aquifer, or any other water body in the State.

The responsibility for management and regulation of these assets rests in the State as trustee of its water resources for the public benefit. The State acts through the Department of Natural Resources and Environmental Control. The Department has the power to adopt, enforce, amend or repeal pursuant to established administrative procedures, rules, regulations to control, conserve and manage the waters of the State and the use of those waters in the public interest.

According to statute the Secretary (of the Department) shall approve the allocation and use of waters in the State on the basis of equitable apportionment (7Del.C.§ 6010(f)). These regulations provide for the allocation and re-allocation of the waters of the state in such a manner as to provide and adequate quantity and quality of water for the needs of the people of Delaware in the present and future.

The State's position as trustee of water resources was recognized in the Administrative Principles of the 1969 Regulations Governing the Use of Water Resources adopted pursuant to the 1966 Water and Air Resources Act, which stated in section 2.016"The rights of the public are considered to be usufructuary upon approval by the Department", meaning the public may make use of the water resources upon approval by the Department. Permits are required for "any activity which may cause or contribute to the withdrawal of ground water of ground water or surface waters or both" (7Del.C.§ 6003(a)).

1.2 Scope

Water allocation permits are required for all water withdrawals greater that 50,000 gallons in any 24 hour period. (Water withdrawals of 50,000 gallons or less in 24 hours are granted with the permits to construct the water facilities with which the withdrawals are made). The water allocation permit allows the permittee to withdraw water subject to the terms and conditions specified.

These regulations prescribe the procedures for obtaining water allocation permits.

1.3 Applicability

1.3.1 These regulations apply to all water users presently holding a water allocation permit or withdrawing or claiming to have authority to withdraw more than 50,000 gallons of water in any 24 hour period from one or more than 50,000 gallons of water in any 24 hour period from one or more sources combined and to all persons who in the future wish to withdraw more than 50,000 gallons of water in any 24 hour period from one or more sources except in cases of emergency withdrawal.

1.3.2 Compliance with these regulations does not exempt those who make water withdrawals within the Delaware River Basin from the requirements of the Delaware River Basin Commission (DRBC). All water withdrawals having a substantial effect on the water resources of the basin--i.e., averaging more than 100,000 gallons per day over any 30 day period--must have DRBC approval. Application for DRBC approval will be forwarded through the Department and in accordance with the provisions specified in DRBC/Department administrative agreements.

1.4 Schedule for Applying for Water Allocation Permits

1.4.1 A person holding a valid water allocation permit and desiring a renewal must apply for a new permit at least 90 days prior to the expiration date of the permit.

1.4.2 A person holding a valid water allocation permit with no expiration date must apply for a permit with 180 days of the effective date of these regulations.

1.4.3 Any person presently withdrawing or claiming the right to withdraw more than 50,000 gallons of water in any 24 hour period who does not hold a valid water allocation permit shall apply for a permit within 90 days of the effective date of these regulations.

1.4.4 Any other person who intends to withdraw more than 50,000 gallons of water in any 24 hour period must receive permit prior to withdrawal.

1.4.5 Upon receipt of an application as set forth in 1.4.1 through 1.4.3 above, the applicant will be granted temporary authority to continue use of the water facilities until the application is acted upon by the Department, and

1.4.6 The Department may, if a need for an emergency withdrawal is substantiated to the satisfaction of the Department, grant interim approval for water withdrawal upon submission of a complete application. Such interim authority will be affective until an allocation permit is issued or for a maximum period of 180 days, whichever comes first.

1.5 Construction

These regulations shall be liberally construed to implement the terms of the Delaware Environmental Protection Act (7Del.C.Ch. 60).

1.6 Program Information

Unless otherwise stated, any questions concerning the requirements of these regulations shall be directed to the Division of Water Resources, Water Supply Section, 89 Kings Highway, P.O. Box 1401, Dover, DE 19903.

1.7 Enforcement

1.7.1 Any person presently withdrawing or claiming the right to withdraw more than 50,000 gallons of water during any 24 hour period who does not apply for a water allocation permit pursuant to the provisions of §§ 1.4 and 6 shall forfeit his claim and privilege to withdraw water.

1.7.2 Any person who fails to comply with these regulations, the Act, or conditions specified in water allocation permits shall be subject to the penalty provisions set forth in the Act.

7 Del. Admin. Code § 7303-1.0