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26.17.06.00.htm 26.17.06.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 17 WATER MANAGEMENT Chapter 06 Water Appropriation or Use Authority: Environment Article, §5-501―5-514, Annotated Code of Maryland
26.17.06.01.htm 26.17.06.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Agricultural purposes" means appropriation or use of water for the production, harvesting, or processing of crops, vegetation, or animals for human or animal consumption or use, including horticultural operations and land-based aquaculture.2) "Appropriation" means an intentional withdrawal, movement, or diversion of water for use from its source of natural occurr
26.17.06.02.htm 26.17.06.02. 02 Statement of Policy.. A. The General Assembly recognizes that the availability of adequate water supplies is essential to health, safety, and economic welfare. To conserve and protect water resources of the State in the best interest of the people, the Department is authorized to control appropriation or use of surface and ground waters. This control provides for the greatest possible use of waters in the State, while protecting the State's valuable water supply resou
26.17.06.03.htm 26.17.06.03. 03 Scope and Applicability.. A. With the exception of those persons listed in §B of this regulation, a person shall obtain a permit from the Department before appropriating or using waters of the State. A person who shall obtain a permit from the Department includes:1) A person appropriating or using water for any agricultural, commercial, institutional, industrial, or municipal purpose;2) A person subdividing land if the subdivision may require an appropriatio
26.17.06.04.htm 26.17.06.04. 04 Incorporation by Reference.. Application for Water Allocation: Guidance Document for Public Water Systems Providing Groundwater to Municipal Corporations or Priority Funding Areas in Carroll, Frederick, and Washington Counties (June 2014) is incorporated by reference.
26.17.06.05.htm 26.17.06.05. 05 Water Appropriation or Use Permit Application Procedures.. A. Application Procedures for Applicant.. 1) An applicant may not build or operate a structure requiring a permit until the Department has issued the permit.2) The applicant shall apply for a permit on forms provided by the Department.. 3) The applicant shall state the specific water use or uses intended under the permit.. 4) Except for applicants proposing to appropriate or use water for agricultural purposes, the applic
26.17.06.06.htm 26.17.06.06. 06 Criteria for Approval of Water Appropriation or Use Permits.. A. General. The Department shall issue a permit only for a beneficial appropriation or use under the following criteria:1) The amount of water to be appropriated is reasonable in relation to the anticipated level of use during the permit period;2) The requested appropriation or use does not have an unreasonable impact on:. a) The waters of the State, and. b) Other users of the waters of the State..
26.17.06.07.htm 26.17.06.07. 07 Water Appropriation or Use Permit Conditions.. A. General.. 1) The permit period shall be 12 years unless the Department determines that a shorter period is appropriate.2) A permit shall contain an effective date, an expiration date, and a date the permittee first appropriated water at the site.3) A permit shall contain conditions limiting the average daily appropriation or use to a quantity specified by the Department. In addition, a ground water appropriation or us
26.17.06.08.htm 26.17.06.08. 08 Temporary Permit for Emergency Appropriation.. A. The Department may issue a temporary permit for emergency appropriation or use of water, if the time required to obtain a permit would constitute a danger to the health of people or animals, or would subject products requiring processing to spoilage.B. A temporary permit is effective when issued for a period of not more than 3 months.. C. If the emergency condition is anticipated to last more than 3 months, im
26.17.06.09.htm 26.17.06.09. 09 Hearings.. A. If a public informational hearing is conducted, the Department shall, in accordance with COMAR 26.01.07.08:1) Render a decision to issue, modify, or deny the permit; and. 2) Notify the applicant and persons on the interested persons list of the decision.. B. If a public informational hearing is not conducted, the Department shall, in accordance with COMAR 26.01.07.08:1) Render a decision to issue, modify, or deny the permit within 60 days of the Department's determi
26.17.06.9999.htm 26.17.06.9999. Administrative History Effective date:. Regulations .01―06 effective May 1, 1972. Regulation .07 effective April 1, 1970 (Regulation .07 was formerly codified as COMAR 08.05.03.03 under the chapter entitled "Surface Water" Regulation .07 was placed in this chapter when the remainder of the "Surface Water" regulations were repealed.Regulations .01―07, Groundwater Regulations, repealed effective March 7, 1988 (15:5 Md. R. 617) ―.
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