RELATES TO:
KRS
151.110,
151.112,
151.114,
151.116,
151.120,
151.182,
151.200,
151.210,
151.220
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
151.125(3) authorizes the
cabinet secretary to adopt rules and regulations for water resources which he
or she deems necessary to accomplish the purposes of KRS Chapter 151.
KRS
151.125(4) authorizes the
secretary to adopt rules and regulations with respect to procedural issues
regarding water withdrawal permits. This administrative regulation is necessary
to establish the requirements for permits to withdraw water and the reporting
procedure to be used in conjunction with water withdrawal permits issued by the
Division of Water.
Section 1. The
necessity for water withdrawal permits shall be determined according to the
following criteria:
(1) If the average
withdrawal rate is more than 10,000 gallons per day, a permit shall be required
except as exempted by
KRS
151.140;
(2) If the withdrawal of water is made at a
relatively constant rate each day and the average withdrawal rate is 10,000
gallons per day, or less, no permit shall be required; or
(3) If withdrawals are made on an irregular
basis and at an irregular rate, permits may be required if the water withdrawn
represents a significant portion of the available water supply or collection of
withdrawal data is necessary for water resource planning
purposes.
Section 2.
Permit Issue Date and Effective Date.
(1)
Each permit shall clearly show:
(a) An issue
date, which shall be the date on which a permit is signed by the cabinet
representative; and
(b) An
effective date, which shall be the date on which a permitted withdrawal may
begin.
(2) The issue date
may be up to three (3) years in advance of the effective date.
(3) Water allocated by a permit that is
issued more than six (6) months in advance of the effective date shall be
reserved for use by that applicant if:
(a) The
requested amount of water is available from the proposed water
source;
(b) There remains an amount
of water that may be allocated for other competing uses; and
(c) The applicant provides to the cabinet
additional project information and quarterly status reports that document the
continued viability of and progress toward the completion of the project by the
permit's effective date.
1. This shall
include:
a. A proposal for securing financing
of the project; and
b. A project
schedule with the anticipated dates for all major milestones. These milestones
shall include:
(i) Funding approval;
(ii) Commencement of construction;
(iii) Site preparation;
(iv) Construction of major structural or
project elements;
(v) Completion of
construction; and
(vi) Commencement
of project operations and water withdrawal.
2. Quarterly status reports shall address
each milestone listed in subparagraph 1b of this paragraph. Reports shall be
due thirty (30) days after the end of each calendar quarter following the
issuance date of the permit.
(4) For those permits having an issue date
more than six (6) months in advance of the effective date, a project schedule
may be amended and the permit's effective date extended up to one (1) year if
the permittee demonstrates that circumstances beyond the control of the
permittee have caused an unavoidable delay in the completion of the
project.
(5) For those permits
having an issue date more than six (6) months in advance of the effective date,
withdrawals shall begin no later than six (6) months after the effective
date.
(6) For those permits having
an issue date more than six (6) months in advance of the effective date, a
water withdrawal permit shall expire and become void if the holder of the
permit fails to:
(a) Adhere to the project
schedule as submitted at the time of permit issuance or as amended according to
subsection (4) of this section;
(b)
Comply with the interim reporting requirements; or
(c) Commence withdrawals within six (6)
months after the permit effective date, including any extensions granted under
subsection (4) of this section.
Section 3. Water Withdrawal Reporting
Requirements. Reports of water withdrawn pursuant to permit shall be made as
follows:
(1) Withdrawals made at a relatively
constant daily rate shall be recorded daily and reported to the division
monthly on the "Monitoring Results Submittal Form" and "Water Withdrawal Report
Form," incorporated by reference in Section 4 of this administrative
regulation.
(2) If withdrawals are
made on an irregular basis and at an irregular rate, the division may specify
recording frequency as the circumstances require. Reporting of withdrawal
information to the cabinet shall be made monthly. Recording and reporting shall
be done on the "Monitoring Results Submittal Form" and "Water Withdrawal Report
Form," incorporated by reference in Section 4 of this administrative
regulation.
(3) Increased reporting
or recording frequency of the rate or volume of a permitted water withdrawal
may be required if:
(a) A water withdrawal may
adversely impact other water users, water quality, or aquatic habitat based on:
1. Scientific documentation;
2. Monitoring data; or
3. An observed or documented
impact;
(b) The data is
needed for water resources management or planning purposes; or
(c) There is insufficient data to determine
the potential impacts of a water withdrawal.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Monitoring Results Submittal
Form, DEP 0056 (3/05)"; and
(b)
"Water withdrawal report form, DEP 8058 (3/05)".
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Division of
Water, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p. m.