7 Del. Admin. Code § 7303-3.0

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

Section 7303-3.0 - Criteria for Permit Approval

3.1 Scope

The water resources of the state shall be managed for the greatest longterm benefits to the people of Delaware. In general, sources of water supply will be developed on a safe sustainable yield basis and according to the doctrine of equitable apportionment. However, temporary over-drafting of ground water and use of non-renewable ground water for beneficial purposes may be approved subject to the development of long-term plans to preserve and extend the nonrenewable resources. This section outlines the criteria used in setting water withdrawal limits.

3.2 Regionalization Policies

The following policies regarding regionalization of water supplies will be followed by the Department in assessing new or renewal allocation permit applications.

3.2.1 Existing Systems: Use of established regional water collection and distribution systems by new water users will be encouraged whenever appropriate.

3.2.2 Interconnections: Construction of interconnections between established public water systems, whether publicly, or privately owned, is in the public interest and will be encouraged

3.2.3 Small Water Supply Systems: Proliferation of small water supply systems of insufficient size to maintain an efficient, safe and adequate level of service will be discouraged.

3.2.4 Franchise Areas: Proliferation of small franchise areas so situated or designed as to preclude the establishment or extension of regional water collection and distribution systems will be discouraged.

3.2.5 New Water Service Facilities: Wherever practicable new water service facilities shall be planned to provide water supply on a regional basis, eventually becoming part of an established regional distribution system. Any new or expanded portion of a housing development with 25 or more total planned units will ordinarily be required to provide a public water supply system.

3.3 Surface Water Withdrawal Limits

Withdrawals from surface waters shall be limited to those rates which:

3.3.1 do not interfere with other permitted withdrawals unless compensation for such injury is provided satisfactory to the Department;

3.3.2 allow dilution and flushing of waste discharges and maintain adopted water quality standards;

3.3.3 protect valuable fish and wildlife;

3.3.4 maintain adequate flow over spillways of downstream impoundment's;

3.3.5 prevent intrusion of saline waters where such intrusion threatens ground or surface water supplies; and

3.3.6 provide other ecological, recreational, aesthetic, and private benefits which are dependent upon surface water flows.

3.4 Ground Water Withdrawal Limits

Withdrawals from ground waters shall be limited to those rates which will not cause:

3.4.1 long-term progressive lowering of water levels, except in compliance with management water levels established by the Department;

3.4.2 significant interference with the withdrawals of other permit holders unless compensation for such injury is provided satisfactory to the Department;

3.4.3 violation of water quality criteria for existing or potential water supplies;

3.4.4 significant permanent damage to aquifer storage and recharge capacity; or

3.4.5 substantial impact on the flow of perennial streams below those rates specified for surface waters in the preceding section

3.5 Consistency with Water Plans and Policies

Any permitted withdrawal of water must be consistent with any applicable regional water supply plan, the Comprehensive Statewide Water Supply Plan and with applicable regional and state water management policies.

In particular evaluation of conjunctive water use where possible and the location, amount, and quality of return flows and their impact on water resources and availability must be considered in the review of any water allocation permit applications.

7 Del. Admin. Code § 7303-3.0