Ala. Admin. Code r. 305-7-10-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 305-7-10-.02 - Content Of Declaration Of Beneficial Use

(1) Each Declaration of Beneficial Use shall be filed on forms prescribed by the Division Chief of the Office of Water Resources and include information for each withdrawal facility such as, but not necessarily limited to, the:

(a) water source;

(b) primary uses of the water;

(c) geographic location of the points of diversion and points of return of water;

(d) estimated or actual quantity of water, in gallons, diverted and estimated or actual quantity of water, in gallons, to be returned;

(e) estimated maximum potential quantity of water, in gallons, which could be diverted and estimated potential quantity of water, in gallons, which would be returned;

(f) method or means of measuring, estimating, or controlling the water diverted.

(g) statement regarding the navigability of the water source; and

(h) basis of legal right to use the water to be diverted.

(2) Each Declaration of Beneficial Use:

(a) shall describe the geographic location and proximity to the water source of property using the diverted water and shall list and document, with appropriate attachments, the current basis for the legal use of such water. Such attachments may include, among other things, opinions of counsel, deeds, court decrees, lease agreements, permits, licenses, certificates and contracts; and

(b) shall certify that the diversion is consistent with the objectives of the Act. Consistency with the objectives of the Act shall be interpreted as meaning that the applicant must establish and declare that the use of water is:

1. a lawful, reasonable and beneficial use of water;

2. consistent with the public interest;

3. does not interfere with any legal use of water existing at the time of the application; and

4. complies with the provisions of the Act and these Rules.

(3) Each Declaration of Beneficial Use shall contain a statement, signed and certified to by the person required to file the Declaration of Beneficial Use, or by some other person duly authorized to sign in the person's behalf, that to the best of the person's knowledge and belief the information provided in the Declaration of Beneficial Use is true, accurate and complete.

Authors: Walter B. Stevenson, Jr.; Onis Trey Glenn, III

Ala. Admin. Code r. 305-7-10-.02

Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994. Amended: Filed January 18, 2002; effective February 22, 2002.

Statutory Authority:Code of Ala. 1975, §§ 9-10B-19, 9-10B-20.