Section 096-587-6 - Water level requirementsfor Class GPA watersExcept as provided for in this section, water levels of Class GPA waters shall be maintained as they naturally occur. Withdrawal or other direct or indirect removal, diversion, activity or use of these waters that causes the natural water level to be altered shall occur as provided in paragraph 6-A below.
A.Water level established by standard allowable alteration. Water levels in Class GPA waters may not be less than the levels defined in subparagraphs A(1-3) below, except when natural conditions alone cause those levels to be less, or where the Commissioner has determined, as established in sections 7 or 8 of this chapter, that site-specific water levels may be established that are protective of all water quality standards, including all designated uses and characteristics of those waters. (1)Class GPA waters without a natural surface water outlet. Water levels must be maintained within the seasonal levels listed below, unless as a naturally occurring condition: (a) within 1.0 foot of the normal high water from April 1 to July 31; and,(b) within 2.0 feet of the normal high water from August 1 until March 31.(2)Class GPA waters with a natural surface water outlet, including beaver dams. Water level must be maintained within the seasonal levels listed below, unless as a naturally occurring condition: (a) within 1.0 foot of normal high water from April 1 to July 31; and,(b) within 2.0 feet of normal high water from August 1 to March 31. Flow in the outlet stream must be sufficient to maintain seasonal aquatic base flow, as defined in sections 4, 5, 7, or 8 of this chapter with adjustment for evaporation loss from the Class GPA water, or the natural inflow minus evaporation, whichever is less.
(3)Class GPA waters where the water level is controlled by a dam and is not used for hydropower storage or generation. Water levels must be maintained to meet all applicable water quality standards, including all designated uses and characteristics of Class GPA waters, and flow must be provided for downstream waters that will protect all water quality standards applicable to those downstream waters. Withdrawal for agriculture, aquaculture, commercial, or industrial purposes will be limited to a volume of water that is no greater than: (a) 1.0 acre-foot of water per acre of the waterbody at normal high water from April 1 to July 31. Additional volume increments may be withdrawn whenever it can be demonstrated that water replacement has occurred; and,(b) a total of 2.0 acre-feet of water per acre of the waterbody at normal high water from August 1 to March 31. Additional volume increments may be withdrawn whenever it can be demonstrated that water replacement has occurred. In no case may withdrawal cause the water level to be less than the lowest water level that can be achieved through operation of the dam. Notwithstanding the above limitations on water withdrawal amounts from GPA waters, water withdrawal may not diminish the total volume of the waterbody by more that 25%.
If a dam is removed on a Class GPA waterbody, the standard allowable alteration of water level is that alteration provided in subparagraph 6-A(2) above.
06- 096 C.M.R. ch. 587, § 6