Current through September 30, 2024
Section 806.44 - Determination of grandfathered quantities(a) For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.(b) In making a determination, the following factors should be considered: (1) The withdrawal and use data and the peak consecutive 30-day average shown by the data;(2) The reliability and accuracy of the data and/or the meters or measuring devices;(3) Determination of reasonable and genuine usage of the project, including any anomalies in the usage;(4) Whether the grandfathered amount includes an operational margin of safety; and(5) Other relevant factors.(c) The Executive Director, in lieu of a determination under paragraph (b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.