Ala. Admin. Code r. 305-7-10-.06
A Declaration of Beneficial Use, as otherwise required by the Act, shall not be required to be filed if the diversion lasts for less than thirty (30) days (hereafter referred to as an "Emergency Diversion"). An emergency diversion includes the taking of water for purposes such as fire fighting, hazardous waste spill response or other emergencies as may be determined by the Office of Water Resources. The person responsible for the emergency diversion shall, within thirty (30) days of the diversion, notify the Office of Water Resources of the name, address and telephone number of the person diverting water, the purpose(s) of the diversion, the source of diversion, the location of the diversion, the initial date of the diversion, the daily amount of water diverted, and the anticipated duration of the diversion. If it is determined that the emergency diversion is expected to continue for more than thirty (30) days the Division Chief shall determine whether to grant a waiver for the emergency diversion or to require the filing of a Declaration of Beneficial Use.
Author: Walter B. Stevenson, Jr.
Ala. Admin. Code r. 305-7-10-.06
Statutory Authority:Code of Ala. 1975, § 9-10B-19.