N.Y. Comp. Codes R. & Regs. tit. 21 § 1806.24

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

Section 1806.24 - Standards for diversions

(a) The project sponsors of all diversions subject to review and approval under section 1806.4, 1806.5 or 1806.6 of this Part shall comply with the following standards.

(b) For projects involving out-of-basin diversions, the following requirements shall apply:

(1) Project sponsors shall:

(i) demonstrate that they have made good faith efforts to develop and conserve sources of water within the importing basin, and have considered other reasonable alternatives to the diversion;

(ii) comply with the general standards set forth in sections 1801.3, 1806.21, and 1806.22 of this Part, and the applicable requirements of this Part relating to consumptive uses and withdrawals.

(2) In deciding whether to approve a proposed diversion out of the basin, the commission shall also consider and the project sponsor shall provide information related to the following factors:

(i) any adverse effects and cumulative adverse effects the project may have on the ability of the Susquehanna River Basin, or any portion thereof, to meet its own present and future water needs;

(ii) the location, amount, timing, purpose and duration of the proposed diversion and how the project will individually and cumulatively affect the flow of any impacted stream or river, and the freshwater inflow of the Chesapeake Bay, including the extent to which any diverted water is being returned to the basin or the bay;

(iii) whether there is a reasonably foreseeable need for the quantity of water requested by the project sponsor and how that need is measured against reasonably foreseeable needs in the Susquehanna River Basin;

(iv) the amount and location of water being diverted to the Susquehanna River Basin from the importing basin;

(v) the proximity of the project to the Susquehanna River Basin;

(vi) the project sponsor's pre-compact member jurisdiction approvals to withdraw or divert the waters of the basin;

(vii) historic reliance on sources within the Susquehanna River Basin.

(3) In deciding whether to approve a proposed diversion out of the basin, the commission may also consider, but is not limited to, the factors set forth in subparagraphs (i) through (v) of this paragraph. The decision whether to consider the factors in this subdivision and the amount of information required for such consideration, if undertaken, will depend upon the potential for the proposed diversion to have an adverse impact on the ability of the Susquehanna River Basin, or any portion thereof, to meet its own present and future needs:

(i) the impact of the diversion on economic development within the Susquehanna River Basin, the member states or the United States of America;

(ii) the cost and reliability of the diversion versus other alternatives, including certain external costs, such as impacts on the environment or water resources;

(iii) any policy of the member jurisdictions relating to water resources, growth and development;

(iv) how the project will individually and cumulatively affect other environmental, social and recreational values;

(v) any land use and natural resource planning being carried out in the importing basin.

(c) For projects involving into-basin diversions, the following requirements shall apply.

(1) Project sponsors shall:

(i) provide information on the source, amount, and location of the water being diverted to the Susquehanna River Basin from the importing basin;

(ii) provide information on the water quality classification, if any, of the Susquehanna River Basin stream to which diverted water is being discharged and the discharge location or locations;

(iii) demonstrate that they have applied for or received all applicable withdrawal or discharge permits or approvals related to the diversion, and demonstrate that the diversion will not result in water quality degradation that may be injurious to any existing or potential ground or surface water use.

(2) In deciding whether to approve a proposed diversion into the basin, the commission shall also consider and the project sponsor shall provide information related to the following factors:

(i) any adverse effects and cumulative adverse effects the project may have on the Susquehanna River Basin, or any portion thereof, as a result of the introduction or potential introduction of invasive or exotic species that may be injurious to the water resources of the basin;

(ii) the extent to which the proposed diversion satisfies all other applicable general and specific standards set forth in sections 1806.20 -1806.25 of this Part pertaining to withdrawals and consumptive use.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1806.24