Rule 11-7-1.3 - Surface Water Diversions All surface water diversions must meet the permitting requirements set forth in Rule 1.2, unless specifically exempted below.
A.Exemptions Surface water diversions meeting the following conditions shall not be subject to the permitting requirements of this chapter:(1) Diversions when the water is to be used for domestic single-residence purposes.(2) Diversions from an existing impoundment not located on a continuous, free flowing watercourse. However, for proposed surface water impoundments, the person intending to acquire the right to store or use water from a reservoir formed by a dam shall obtain a permit for storage or use of water from the impoundment as required by Miss. Code Ann. Section 51-3-39 paragraph (1)(c), prior to commencement of construction of the dam.B.Limiting Conditions for Permit Issuance The intended use of state waters must be beneficial and consistent with the public interest. Surface water conditions which may limit or affect permit usage may include, but are not limited to, the following: (1)Established Minimum Flow- Generally, a permittee may not divert a volume of surface water that will cause the watercourse to fall below its established minimum flow. If a watercourse falls below its established minimum flow, the permit holders affected that are consumptive users will be informed that their pumping must be stopped or modified until further notice. Affected permit holders that are municipalities or are non-consumptive users (users that return to the stream substantially the same amount of water that the user diverts, at substantially the same location) have the option of requesting a variance from the minimum flow requirements. The request must be made, in writing, to the Permit Board.(a)Municipal Users- The Permit Board may authorize surface water diversions by municipal users resulting in less than the established minimum flow, provided: (1) The landowner/applicant presents a study showing the potential effects of the proposed use on the watercourse; and(2) The Permit Board determines that such uses will not violate the states water quality standards (including in-stream uses) or otherwise conflict with the public interest.(b)Industrial Users- The Permit Board may authorize surface water diversions by industrial users when flows are at or less than the established minimum flow, provided the permittee:(1) Returns water to the stream in substantially the same amount as that removed and the quality of the return water meets the requirements of the States National Pollutant Discharge Elimination System (NPDES) Permit Program; and neither the diversion nor the return of water will cause or contribute to a violation of the states water quality standards; and(2) Returns water in close enough proximity to the diversion point to avoid substantial detriment to water use rights of affected property owners or to the detriment of the public interest. The Permit Board may require the permittee to conduct such studies or to provide such information as it deems necessary to determine the potential effect of the proposed use on the affected ecosystem and on the public interest.(c)Other Users- The Permit Board may authorize surface water diversions by other users when flows are at or less than the established minimum flow, provided the permittee: (1) Provides written assurance that water will be returned to the stream in substantially the same amount as that removed and the quality of the return water will meet requirements of the States National Pollutant Discharge Elimination System (NPDES) Permit Program; and neither the diversion nor the return of water will cause or contribute to a violation of the states water quality standards; and(2) Places metering devices on both the intake and discharge devices to measure flow rates of water; and(3) Reports to MDEQ, at time intervals to be established by the Permit Board, the volumes of water withdrawn and the volumes and water quality analyses of water discharged. (2)Established Average Minimum Lake Level- The Permit Board may authorize any permittee to use water from a lake or reservoir that falls within the Permit Boards jurisdiction only to the extent that the water level remains above the average minimum lake level, as established by the Commission. The Permit Board, upon affording a hearing to interested parties, may authorize use of such water below the established average minimum level provided the request for such authorization is accompanied by a study which details potential effects of the proposed use on the affected ecosystem and the public interest. The Permit Board may require such additional studies or other information as it deems necessary to protect the public interest.(3)Pollution Control Regulations- The Permit Board will not authorize any surface water use that will cause a violation of water quality standards as set by the Commission through regulation.(4)Navigability- The Permit Board will not authorize any surface water use that will impair the navigability of any watercourse identified as a -navigable waterway[PI] under state or federal statute.Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.