Rule 391-3-2-.05 - Division Consideration of Permit Applications, Modifications, Revocations and Denials(1) In considering permit applications, revocations, and modifications, the Division shall consider. (a) the number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses;(b) the nature and size of aquifer;(c) the physical and chemical nature of any impairment of the aquifer, adversely affecting its availability or fitness for other water uses (including public and farm use);(d) the probable severity and duration of such impairment under foreseeable conditions;(e) the injury to public health, safety or welfare which results if such impairment were not prevented or abated;(f) the kinds of businesses or activities to which the various uses are related;(g) the importance and necessity of the uses claimed by the permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to other water uses (including public and farm use);(h) diversion from or reduction of flows in other water courses or aquifers;(i) any other relevant factors, such as, but not limited to, the best geologic and hydrologic information available on the aquifer or ground water system of the area;(j) documentation of effective water conservation. (Authority O.C.G.A. Section 12-5-91)(2) In any case where a permit applicant can prove to the Division's satisfaction that the applicant was withdrawing or using water prior to April 18, 1973 (or July 1, 1988 in the case of the farm use), the Division shall take into consideration the extent to which prior use or withdrawal was reasonably necessary in the judgement of the Division to meet his needs, and shall grant a permit which shall meet those reasonable needs. Provide d, however, that the granting of such permit shall not have unreasonably adverse effects upon other uses in the area, including public and farm use, and including potential as well as present use. In determining whether a permit will have an unreasonable adverse effect, the Division shall consider the factors set forth in Paragraph (1) of this Rule.(3) The Division shall also take into consideration in the granting of any permit the prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the Division within reasonable time after July 1, 1973. Provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use. In determining whether a permit will have an unreasonable adverse effect, the Division will consider the factors set forth in Paragraph (1) of this Rule.(4) In the case of farm use, where a permit applicant can prove to the Division's satisfaction that a well pumping capacity was installed prior to July 1, 1988 the Division shall grant a permit for such capacity from this well. The application for such capacity must be received by the Division on or before July 1, 1991. (Authority O.C.G.A. Section 12-5-105)(5) The Division shall have the power to: (a) modify or revoke any permit when the Division deems necessary upon not less than sixty (60) days written notice to any person affected when the ground water use or withdrawal is not in compliance with the terms of the permit, or when there is found to be an unreasonable adverse effect upon the water uses or users in the area, including public and farm use, and including potential as well as present use, based upon the considerations set forth in Paragraph (1) of this Rule, except that this paragraph will not apply to farm use permits issued after initial use has commenced; or(b) deny a permit application if the application therefor or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to the public interest or general welfare; such a decision shall be based upon the considerations set forth in Paragraph (1) of this Rule.Ga. Comp. R. & Regs. R. 391-3-2-.05
Ga. Laws 1972, pp. 976, 982 et seq.; as amended by Ga. Laws 1973, pp. 1273, 1280 et seq. Effective June 3, 1974. O.C.G.A. Sec 12-5-105.
Original Rule was filed on May 13, 1974; effective June 3, 1974, as specified by the Agency.Amended: F. Apr. 3, 1990; eff. Apr. 23, 1990.