CFR Subpart E

CFR Subpart E
in effect

18 C.F.R. § 806.40 Applicability.

(a) This subpart is applicable to the following projects, which shall be known as grandfathered projects: (1) The project has an associated average consumptive use of 20,000 gpd or more in any consecutive 30-day period all or part of which is a pre-compact consumptive use that has not been approved by the Commission pursuant to § 806.4. (2) The project has an associated groundwater withdrawal average of 100,000 gpd or more in any consecutive 30-day period all or part of which was initiated prior to July 13, 1978, that has not been approved by the Commission pursuant to § 806.4. (3) The project has an associated surface water withdrawal average of 100,000 gpd or more in any consecutive 30-day period all or part of which was initiated prior to November 11, 1995, that has not been approved by the Commission pursuant to § 806.4. (4) The project (or an element of the project) has been approved by the Commission but has an associated consumptive use or water withdrawal that has not been approved by the Commission pursuant to § 806.4. (5) Any project not included in paragraphs (a)(2) through (4) of this section that has a total withdrawal average of 100,000 gpd or more in any consecutive 30-day average from any combination of sources which was initiated prior to January 1, 2007, that has not been approved by the Commission pursuant to § 806.4. (6) Any source associated with a project included in paragraphs (a)(2) through (5) of this section regardless of quantity. (b) A project, including any source of the project, that can be determined to have been required to seek Commission review and approval under the pertinent regulations in place at the time is not eligible for registration as a grandfathered project.

18 C.F.R. § 806.41 Registration and eligibility.

(a) Project sponsors of grandfathered projects identified in § 806.40 shall submit a registration to the Commission, on a form and in a manner prescribed by the Commission, by December 31, 2019. (b) Any grandfathered project that fails to register under paragraph (a) of this section shall be subject to review and approval under § 806.4. (c) Any project that is not eligible to register under paragraph (a) of this section shall be subject to review and approval under § 806.4. (d) The Commission may establish fees for obtaining and maintaining registration in accordance with § 806.35. (e) A registration under this subpart may be transferred pursuant to § 806.6.

18 C.F.R. § 806.42 Registration requirements.

(a) Registrations shall include the following information: (1) Identification of project sponsor including any and all proprietors, corporate officers or partners, the mailing address of the same, and the name of the individual authorized to act for the sponsor. (2) Description of the project and site in terms of: (i) Project location, including latitude and longitude coordinates in decimal degrees accurate to within 10 meters. (ii) Project purpose. (3) Identification of all sources of water, including the date the source was put into service, each source location (including latitude and longitude coordinates in decimal degrees accurate to within 10 meters), and if applicable, any approved docket numbers. (4) Identification of current metering and monitoring methods for water withdrawal and consumptive use. (5) Identification of current groundwater level or elevation monitoring methods at groundwater sources. (6) All quantity data for water withdrawals and consumptive use for a minimum of the previous five calendar years. If the project sponsor registering submitted the water withdrawal and consumptive use data for the previous five calendar years to a member jurisdiction, that data will satisfy this requirement. A project sponsor registering may provide supplementary data related to water withdrawals and consumptive use quantities. If quantity data are not available, any information available upon which a determination of quantity could be made. (7) For consumptive use, description of processes that use water, identification of water returned to the Basin, history of the use, including process changes, expansions and other actions that would have an impact on the amount of water consumptively used during the past five calendar years. (8) Based on the data provided, the quantity of withdrawal for each individual source and consumptive use the project sponsor requests to be grandfathered by the Commission. (9) Any ownership or name changes to the project since January 1, 2007. (b) The Commission may require any other information it deems necessary for the registration process or waive any information required under paragraph (a) of this section for projects relying on a prior determination of the Commission.

18 C.F.R. § 806.43 Metering and monitoring requirements.

(a) As a part of the registration process, the Commission shall review the current metering and monitoring for grandfathered withdrawals and consumptive uses. (b) The Commission may require a metering and monitoring plan for the project sponsor to follow. (c) Project sponsors, as an ongoing obligation of their registration, shall report to the Commission all information specified in the grandfathering determination under § 806.44 in a form and manner determined by the Commission. If water withdrawal and consumptive use quantity reporting is required by the member jurisdiction where the project is located, the Commission shall accept that reported quantity to satisfy the requirements of this paragraph (c), unless the Commission finds that additional data is needed that is not required by the member jurisdiction. (d) Any data generated or collected under paragraph (c) of this section will be made available to the member jurisdictions in a manner and timeframe mutually agreeable to both the Commission and the jurisdiction.

18 C.F.R. § 806.44 Determination of grandfathered quantities.

(a) For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use. (b) In making a determination, the following factors should be considered: (1) The withdrawal and use data and the peak consecutive 30-day average shown by the data; (2) The reliability and accuracy of the data and/or the meters or measuring devices; (3) Determination of reasonable and genuine usage of the project, including any anomalies in the usage; (4) Whether the grandfathered amount includes an operational margin of safety; and (5) Other relevant factors. (c) The Executive Director, in lieu of a determination under paragraph (b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.

18 C.F.R. § 806.45 Appeal of determination.

(a) A final determination of the grandfathered quantity by the Executive Director must be appealed to the Commission within 30 days from actual notice of the determination. (b) The Commission shall appoint a hearing officer to preside over appeals under this section. Hearings shall be governed by the procedures set forth in part 808 of this chapter.

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