Section 096-587-7 - Alternative Water Flows and Alternative Water LevelsAlternative flows or water levels may be established following the procedure described in paragraphs 7-A and 7-B below, that allows for withdrawal, diversion, activity, or other use based on the results of a site-specific flow or water level study that is found by the Commissioner to be protective of all water quality standards, including all designated uses and characteristics, and taking into account the need for natural variation of flow or natural variation of water level by indigenous aquatic organisms and the processes needed to maintain those resources. The Alternative Water Flow or Alternative Water Level will be made available for a 30 day review by other state natural resource agencies and the public before being approved by the Commissioner.
A.A water user or a state natural resource agency requesting an Alternative Water Flow or Alternative Water Level pursuant this paragraph shall use a form provided by the Department and shall include the following information in their filing. The information for the filing shall be developed with the assistance of the Department. (1) The location of the proposed withdrawal.(2) The amount, duration and frequency of the proposed withdrawal.(3) A description of the water use, including assessment of any best management practices or water conservation practices relevant to the type of water use.(4) The water flows or water levels that the water user proposes to maintain at the point of withdrawal, including alternative flows or water levels and management provisions that may be implemented when natural drought conditions occur.(5) A plan for maintaining the proposed water flows or levels, including a monitoring plan that provides information on water use and flows or levels with a monitoring schedule reasonably sufficient to monitor compliance with the proposed flows or levels.B. Upon receipt of a proposal for an Alternative Water Flow or Alternative Water Level, the Department will schedule a field visit to assess the waterbody and the potential impacts of the proposed flows or water levels on aquatic life use and all other water quality standards relating to the waterbody, taking into account the need to protect natural variation of flow or natural variation of water level. Other interested state agencies will be provided notice of the filing and the scheduling of the field visit. At the request of an applicant, the Department may conduct field evaluations sufficient to determine an Alternative Water Flow or Alternative Water Level.C. The Department shall maintain and make available all Alternative Water Flows or Alternative Water Levels. An Alternative Water Flow or Alternative Water Level shall remain in effect until such time as a new Alternative Water Flow or Alternative Water Level is established by the Commissioner or a regulatory permit, as provided in Section 8, is issued.06- 096 C.M.R. ch. 587, § 7