N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.23

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1806.23 - Standards for water withdrawals

(a) The project sponsors of all withdrawals subject to review and approval under section 1806.4, 1806.5 or 1806.6 of this Part shall comply with the following standards, in addition to those required pursuant to section 1806.21 of this Part.

(b) Limitations on withdrawals.

(1) The commission may limit withdrawals to the amount (quantity and rate) of water that is needed to meet the reasonably foreseeable needs of the project sponsor.

(2) The commission may deny an application, limit or condition an approval to ensure that the withdrawal will not cause significant adverse impacts to the water resources of the basin. The commission may consider, without limitation, the following in its consideration of adverse impacts: Lowering of groundwater or stream flow levels; rendering competing supplies unreliable; affecting other water uses; causing water quality degradation that may be injurious to any existing or potential water use; affecting fish, wildlife or other living resources or their habitat; causing permanent loss of aquifer storage capacity; or affecting low flow of perennial or intermittent streams.

(3) The commission may impose limitations or conditions to mitigate impacts, including without limitation:

(i) limit the quantity, timing or rate of withdrawal or level of drawdown;

(ii) require the project sponsor to provide, at its own expense, an alternate water supply or other mitigating measures;

(iii) require the project sponsor to implement and properly maintain special monitoring measures;

(iv) require the project sponsor to implement and properly maintain stream flow protection measures;

(v) require the project sponsor to develop and implement an operations plan acceptable to the commission.

(4) The commission may require the project sponsor to undertake the following, to ensure its ability to meet its present or reasonably foreseeable water needs from available groundwater or surface water without limitation:

(i) investigate additional sources or storage options to meet the demand of the project;

(ii) submit a water resource development plan that shall include, without limitation, sufficient data to address any supply deficiencies, identify alternative water supply options, and support existing and proposed future withdrawals.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.23