N.J. Admin. Code § 7:20A-3.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:20A-3.2 - Procedures for obtaining an agricultural water usage registration

(a) The Department will provide the current application form for agricultural water usage registrations to all county agricultural agents.

(b) Any person who intends to divert less than 100,000 gallons of water per day for agricultural, aquacultural, or horticultural purposes, but who has the capability to divert 100,000 gallons of water per day or more, shall apply for an agricultural water usage registration.

(c) An applicant for an agricultural water usage registration or modification thereof shall contact the appropriate county agricultural agent to obtain an application form and other instructions needed to file a complete application.

(d) The applicant shall follow all the instructions to complete the application form and shall submit the completed application form and other required documents to the appropriate county agricultural agent.

1. The following items will be required as part of the application:

i. The name, address, and telephone number of the applicant, which shall be the property owner or the authorized representative, if different;

ii. A description of the location of each diversion source, and the name and pumping capacity for each diversion source. All diversion source locations shall be identified on a map as required at 7:20A-2.3(e);

iii. If the diversion source is a well, the State of New Jersey assigned well permit number, the well depth and diameter, the installed pump capacity, and the date the well was drilled;

iv. If the diversion source is a pond, the average depth, surface area in acres, and the source of water to the pond, including any wells or streams that are used for supplementation;

v. The maximum quantity of water to be diverted from each source on a monthly and annual basis;

vi. The total number of acres owned or operated for agricultural, aquacultural, or horticultural purposes, the number of acres actively being farmed, the number of acres intended to be farmed as indicated in the Agriculture Development Plan, the United States Department of Agriculture soil mapping unit, the acreage planted in each crop, and the number of acres of each crop under irrigation;

vii. A description of the method used to measure the amounts of water diverted from each diversion source; and

viii. A description of the irrigation or water use practices and irrigation equipment used.

(e) The appropriate county agricultural agent, shall determine if the applicant's water usage requirements are less than 100,000 gallons of water per day based upon the information submitted under (d) above, and shall:

1. If the applicant's water usage requirements are determined to be 100,000 gallons or more of water per day, direct the applicant to apply for a water usage certification pursuant to 7:20A-2.3; or

2. If the applicant's water usage requirements are determined to be less than 100,000 gallons of water per day, forward the application and the determination of water usage requirements to the Department.

(f) Upon receipt of an application under (e) above, the Department shall issue an agricultural water usage registration to the applicant.

(g) Each agricultural water usage registration is subject to the following conditions:

1. Agricultural water usage registration shall include a list of the approved diversion sources and the approved diversion rate for each source;

2. The agricultural water usage registration holder shall maintain a log or other appropriate record in which the daily and/or monthly hours of operation, or meter readings for metered diversions, of each diversion source is recorded in indelible ink and maintained on site;

3. The agricultural water usage registration holder shall submit to the Department by February 28 of each year, with a copy to the appropriate county agricultural agent, a report for the preceding calendar year of the monthly water usage for each diversion source, as recorded in the log or other appropriate record required under (g)2 above, the crop types planted and the acres of each crop type that were under irrigation;

4. The Department may revoke the agricultural water usage registration, after notice and after an adjudicatory hearing, if requested, for violations of the registration conditions, the rules adopted or the orders issued by the Department, or when deemed necessary for the public interest;

5. The water diverted shall be for the approved purposes; and

6. An increase in diversion, the relocation of a diversion source more than 100 feet from an existing diversion source or as authorized under 7:20A-2.2(a)1 i, the addition of a new diversion source, or an increase in pumping capacity requires prior approval through a modification of the agricultural water usage registration or may require the agricultural water usage registration holder to obtain a water usage certification prior to using any such increased diversion or alternate diversion source(s).

N.J. Admin. Code § 7:20A-3.2

Recodified from N.J.A.C. 7:20A-3.3 and amended by R.1999 d.7, effective 1/4/1999.
See: 30 N.J.R. 3410(a), 31 N.J.R. 45(a).
Rewrote the section. Former N.J.A.C. 7:20A-3.2, Information, repealed.
Amended by R.2007 d.6, effective 1/2/2007.
See: 38 N.J.R. 2947(a), 39 N.J.R. 39(a).
Section was "Procedures for obtaining an agricultural water use registration". Substituted "usage" for "use" and "an agricultural water" for "a water" throughout the section; in (c), inserted "or modification thereof"; rewrote (d); in (f), substituted "Upon" for "On"; and added (g).