7 Del. Admin. Code § 7303-5.0
Current through Register Vol. 28, No. 4, October 1, 2024
Section 7303-5.0 - Water Allocation Permit5.1 Permit Duration. Permits will be issued for a thirty year duration except in cases of hydrologic complexity or uncertainty or where water quality or quantity considerations may require more frequent review. All permits will be subject to review at intervals of 5 years. Review of water withdrawal permits will be coordinated with periodic analyses of water withdrawals and hydrologic conditions on an aquifer or drainage basin-wide basis where possible.5.2 Permit Renewal. Water allocation permits are renewable upon expiration. Permits will be renewed with the same conditions and withdrawal limitations as long as the use remains reasonable and beneficial and providing the withdrawal has not exceeded the safe sustainable yield. In cases where continued development of the resource creates competition between users and exceedence of the safe sustainable yield, priority in renewed permit issuance shall be with the permittee who was first in time. All types of water uses deemed reasonable and beneficial are considered equal for the purposes of allocation. Retention of unused portions of allocations must be justified to the satisfaction of the Department in order to be renewed.5.3 Permit Modification 5.3.1 Applications for modification of existing or renewal water allocation permits will be approved where the modification represents continued beneficial use and complies with all requirements applicable to new applications.5.3.2 The Department reserves the right to modify the terms and conditions of any permit at any time when substantial water quality or quantity considerations require a permit review and modification to avoid or mitigate significant adverse impacts on human health, aquifers, or the environment. Except in any emergency, a public hearing shall precede a modification.5.4 Transfers of Water Allocation Permits 5.4.1 The Department will authorize transfer of an existing water allocation permit between users upon written application and notification to the Department providing that there will be no change in terms of the permit.5.4.2 If a proposed permit transfer entails any increase in the rates of withdrawal authorized in the permit, the amount of increased withdrawal will be subject to the same requirements as a new permit.5.5 Water Allocation Permit Contents 5.5.1 Each permit shall have a fixed effective and expiration date.5.5.2 Each permit shall specify maximum allowable withdrawal rates expressed daily, monthly, and yearly terms.5.5.3 Permits shall require that the applicant meter water withdrawals to demonstrate compliance with the permit conditions and to file water use report with the Department at least annually on forms provided by the Department.5.5.4 Allocation permits will require that all wells be equipped with a mechanism for recording water levels under both pumping and nonpumping conditions.5.5.5 Each allocation permit will stipulate that representatives of the Department, the Delaware Geological Survey and the United States Geological Survey are allowed to enter the permittee's facilities or property to inspect and monitor water withdrawal.5.5.6 Each allocation permit shall stipulate that the permitee is specifically subject to the requirements of 7Del.C.,§ 6031 which stipulates obligations of water allocation permit holders whose use causes impairment of other existing water withdrawals.5.5.7 Each allocation permit shall require that reasonable efforts be made to minimize unnecessary use and/or waste of water in accordance with the conservation plan submitted with the permit application.5.5.8 Each allocation permit shall state that violations of any conditions within the permits are subject to penalties provided in 7Del.C.Ch. 60.5.5.9 Each allocation permit may also include, if appropriate, a listing of other agencies or entities that may require additional approvals such as, but not limited to, the Delaware River Basin Commission, the Division of Public Health, and the Public Service Commission.5.5.10 In addition to the permit contents listed above, the Department may require the performance of aquifer tests, installation of monitoring wells, water quality sampling, or other conditions deemed appropriate.5.6 Allocation Permits for Irrigation 5.6.1 Allocation permits for irrigation are subject to the same permit application procedures and conditions as any other water allocation permit with the following exceptions: 5.6.1.1 Water level measurements from supply sources in the water table (unconfined) aquifer need not be recorded or reported to the Department, except on specific request by the Department.5.6.1.2 Water allocation needs will be based on best estimates of anticipated crop needs recognizing natural variability in climate and precipitation.5.6.1.3 Permits for irrigation will specify that alternative means of measuring water use such as time lapse recorders may be used to gauge water withdrawals. Water meters, though recommended will not be required for determining irrigation water usage.7 Del. Admin. Code § 7303-5.0