Ga. Comp. R. & Regs. 391-3-28-.16

Current through Rules and Regulations filed through October 29, 2024

Rule 391-3-28-.16 - Management of Augmented Flows

(1) Definitions. Notwithstanding the definitions provided in 391-3-28-.02, the following terms as used in this rule shall be interpreted in accordance with definitions as set forth in the relevant sections of the Flint River Drought Protection Act and as defined herein:

(a) "Permittee" means any person holding a valid surface water withdrawal permit within the affected areas issued pursuant to Code Section 12-5-31 which provides for the withdrawal of surface water.

(b) "Vulnerable aquatic life" means any species found in the affected areas that is dependent, for any portion of its lifecycle, on the aquatic ecosystem and that has been listed as threatened, endangered, or is proposed in the Federal Register for listing under the federal Endangered Species Act ( 16 U.S.C. 1531et seq.).

(2) Director Notification. Once a state funded augmentation project has been permitted to operate for the sole purpose of maintaining the minimum stream flows sufficient to protect habitat critical for vulnerable aquatic life within the affected areas, the Director shall inform specified downstream permittees about the project. In addition, notifications to specified downstream permittees to let the flow provided by the augmentation project pass his or her point of withdrawal shall be conducted in accordance with section (4).

(3) Permittees Subject to Notification.

(a) The specifics of such notifications, including those permittees subject to the notification, are defined by site-specific characteristics. Therefore, once any such augmentation project is sited but before it begins operation, the Director shall, based on the project purpose, location, design and planned operations, specify all of the permittees downstream of each project that may be subject to such notifications.

(b) When specifying such permittees and preparing such notifications, the Director may consider the following:

1.The best available modeling and monitoring data for the relevant project location, watershed, stream reaches, and tributaries;

2.The best available information on occurrence and habitat for vulnerable aquatic species;

3.The date the project is expected to commence operation;

4.The distance downstream for which protection of augmented flows is appropriate;

5.The degree to which protection of augmented flows will assist in mitigating the effects of droughts, provide ecological or other environmental benefits, and ensure sustainable, long-term access to water resources for existing and future water users;

6.Available climatic data and information;

7.The hydrology of the relevant stream reaches including, but not limited to, any surface water and groundwater interactions arising from the Flint River Basin's karst geology;

8.The location of tributaries downstream of the project and the amount of flow such tributaries contribute to the relevant stream reach;

9.The potential for water loss from the relevant stream reaches that may occur due to evaporation and/or other factors;

10.The potential for water gain that may occur due to precipitation, inflows from other tributaries and/or other factors;

11.The number and type of permitted withdrawals that may impact flows in the relevant stream reaches;

12.Meteorological conditions or other circumstances that may result in surface water flows greater than the flow provided by the project which would continue to be subject to withdrawal in accordance with the permittee's water withdrawal permit; and

13.Any other data or information the Director deems relevant.

(c) When specifying the permittees subject to the notification required by (b) above, the Director shall also establish those permittees that shall not be subject to such notification.

(4) Notification of Onset, and Conclusion, of Augmentation and Notification Contents. Those permittees who are required to let the flow provided by the augmentation project pass his or her point of withdrawal shall be notified by the Director of the onset, and conclusion, of each period of augmentation.

(a) The notification to each permittee of the onset of each period of augmentation shall contain at a minimum:

1.The location of the upstream augmentation project;

2.The amount of augmented flow the project is expected to provide, and the proportion of that flow a permit holder must let pass their point of withdrawal;

3.The distance downstream of the flow augmentation project to which the notification applies; and

4.The procedure for the permittee to quantify the amount of flow in the relevant stream reach and determine if that flow is greater than the flow that the permit holder must let pass their point of withdrawal and is therefore subject to withdrawal in accordance with the permittee's withdrawal permit. Procedures may include but are not limited to accessing online information from appropriate water monitoring gages.

(b) As provided in subsection (d) of Code Section 12-5-546.2, the Director's notification shall also contain notice of opportunity for a hearing and shall be served by certified mail, return receipt requested, to the most recent address provided by the permittee. Any permittee to whom such notification is directed shall comply therewith immediately, but shall be afforded a hearing within five business days of the Director's receipt of a petition filed by such permittee. Such hearing shall be before an administrative law judge of the Office of State Administrative Hearings and shall be conducted in accordance with subsection (c) of Code Section 12-2-2. Based upon findings adduced at such hearing, the notification shall be modified, reversed, or continued by the Director.

(5) The permit holder responsible for operation of any state funded augmentation project operated for the sole purpose of maintaining the minimum stream flows sufficient to protect habitat critical for vulnerable aquatic life within the affected areas shall, as part of the process of permitting water withdrawal under this rule and under the Rules for Groundwater Use, 391-3-2, specify the vulnerable aquatic life of concern, design flows under specific conditions, and other parameters relevant to the specific site. The permit holder responsible for operation of such project shall inform the Director when such project becomes operational as well as at the onset, and conclusion, of each period of augmentation conducted to maintain minimum stream flows sufficient to protect habitat critical for vulnerable aquatic life within the affected areas. Information to be submitted at the onset of each period of augmentation includes the following:

(a) Amount of augmented flow the project is expected to provide; and

(b) Any other information or data the Director determines is needed to allow specification of affected downstream permittees and preparation of notifications during specified periods of the project's operations.

Ga. Comp. R. & Regs. R. 391-3-28-.16

O.C.G.A. § 12-5-540et seq.

Original Rule entitled "Management of Augmented Flows" adopted. F. May 18, 2015; eff. April 3, 2015, as specified by the Agency.