N.J. Admin. Code § 7:19-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:19-8.3 - Management of water allocations within areas of critical water supply concern

(a) For each area of critical water supply concern designated pursuant to 7:19-8.2, the Department, in consultation with affected permittees and local governing bodies, shall:

1. Study water supply availability;

2. Estimate future water supply needs;

3. Identify appropriate and reasonable alternative water supply management strategies, including, but not limited to:

i. Water conservation;

ii. Substitution of alternative water sources;

iii. Participation in a Department approved regional water supply project;

iv. Transfer of diversion rights;

v. Artificial recharge of diversion sources; and

vi. Substitution of water supply from a noncritical aquifer; and

4. Select and adopt water supply alternatives after notice and public hearing pursuant to 7:19-2.8 through 11.

(b) The Department will issue a Notice of Intent to Modify Permit to each affected permittee, which shall specify the water supply alternatives adopted pursuant to (a) above, each affected permittee's water use as reported pursuant to 7:19-2.14(a)3, and the steps each affected permittee shall take to comply with the area of critical water supply concern's management strategies.

(c) The Department will, after notice and public hearing pursuant to 7:19-2.8 through 2.11:

1. Modify the conditions of an existing water supply allocation permit or water usage certification in order to limit or reduce the quantity of water which may be diverted to the safe or dependable yield of the water resource, provided any reduction in diversion shall not exceed the amount necessary to reduce the total withdrawal from the aquifer to the dependable yield for the ground water diversion source, as determined by the Department;

2. Allow the permittee to transfer the diversion source location through a permit modification pursuant to 7:19-2.2; or

3. Require the permittee to use alternate sources of water.

(d) The Department shall require affected permittees to prepare and submit alternative water supply plans consistent with the alternative water supply management strategies adopted pursuant to (a)4 above. The plan shall identify the permittee's water deficit, the method by which the permittee shall obtain additional water to meet demands, and a schedule for the implementation of the alternative water supply plan.

(e) An affected permittee may only increase its base allocation in accordance with 7:19-8.6, and those persons seeking diversion privileges within an area of critical water supply concern shall do so only in accordance with 7:19-2.2 and 8.6.

(f) The Department may require, as conditions of water supply allocation permits for diversions in critical areas, measures for water conservation, metering, leak detection and control more stringent than those required as conditions in permits for diversions elsewhere in the State.

(g) Following implementation by affected permittees of the alternative water supply plan adopted pursuant to (d) above, the Department will monitor water levels and water quality within the designated critical areas to determine the effectiveness of the alternative water supply management strategies. If the Department determines that the alternatives implemented are not effective in protecting the water supply source of concern, the Department may revise the designation and impose further restrictions in accordance with this subchapter. The Department will report the results of any monitoring conducted pursuant to this subsection to all affected permittees on an annual basis.

(h) The designation of an area of critical water supply concern shall be modified or rescinded only upon the Department's determination that the adverse conditions on which the designation was based pursuant to 7:19-8.2(a) have either worsened, diminished or ceased. The Department will evaluate each critical area designation and the need for any adjustments to the alternative water supply management strategies at intervals of 10 years from the date of implementation of the permittee's alternative water supply plan.

(i) The Department will not issue new or increased diversions from affected aquifers within an area of critical water supply concern except for:

1. Temporary dewatering permits for construction related purposes in accordance with 7:19-1.4(c) and 2.3;

2. Ground water remediation in accordance with a Department-approved plan;

3. Transfer of base allocations or water credits in accordance with 7:19-8.6;

4. An interim allocation to be utilized by a permittee until an approved alternative water supply is available; and/or

5. Projects that provide recharge of the affected aquifer.

(j) The Department will not issue new or increased diversions from wells located outside the boundaries of an area of critical water supply concern that divert water from an affected aquifer and adversely affect the safe or dependable yield of the aquifer.

(k) The Department may issue an interim allocation pending completion of a Department-approved alternative water supply, if the alternative water supply is not yet available to meet demands. Such interim allocations shall be terminated when the Department approved alternative water supply is available.

N.J. Admin. Code § 7:19-8.3

New Rule, R.1995 d.162, effective 3/20/1995.
See: 26 New Jersey Register 4912(a), 27 New Jersey Register 1265(a).