.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 occurrence which is caused by human activity.

(3) "Aquaculture" means the regulation and cultivation of water plants and animals for human use or consumption.

(4) "Aquifer" means a water-bearing geologic formation which is capable of causing water to flow into a well.

(5) "Beneficial appropriation or use" means a direct use of water which is:

(a) Necessary to a permit applicant;

(b) Nonwasteful;

(c) Reasonably nondamaging to the resource and other users; and

(d) In the best interest of the public.

(6) "Confined aquifer" means an aquifer under pressure from a relatively impervious layer of material lying above the aquifer.

(7) "Consumptive water use" means that part of water withdrawn from a source which, due to evaporation, interbasin diversions, or other causes, is not returned to the source to be available for subsequent use.

(8) "Department" means the Department of the Environment.

(9) "Domestic use" means the noncommercial appropriation or use of water by individuals for residential sanitation and drinking purposes.

(10) "Emergency condition" means a situation when lack of water poses an immediate danger to the health and welfare of people or animals.

(11) "Fall line" means the imaginary line separating the coastal plain sediments on the east from the older hardened rock on the west.

(12) "Ground water" means water that naturally lies, percolates, or flows through aquifers under the surface of the earth.

(13) "Lake" means a reasonably permanent body of water substantially at rest which is part of a watercourse or the result of a structure placed in a watercourse.

(14) "Low flow augmentation" means provision of water through development of new water storage facilities or the purchase of storage space in existing water storage facilities equal to the amount of consumptive use from a water source.

(15) "Permit" means either a:

(a) Ground water appropriation or use permit; or

(b) Surface water appropriation or use permit.

(16) Person.

(a) "Person" means an individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns.

(b) "Person" includes all federal, State, and local governmental entities.

(17) "Potentiometric surface" means a level to which water will rise in a tightly cased well drilled into a confined aquifer.

(18) Public Water System.

(a) “Public water system” means a system that provides to the public water for human consumption through pipes or other constructed conveyances and:

(i) Has at least 15 service connections; or

(ii) Regularly serves at least 25 individuals daily at least 60 days out of the year.

(b) "Public water system" includes:

(i) Any collection, treatment, storage, or distribution facility that is under the control of the operator of the system and is used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facility that is not under the control of the operator of the system and is used primarily in connection with the system.

(19) "Riparian land" means land bordering on a watercourse or lake.

(20) "Surface water" means water from rain, melting snow, springs, or seepage that lies or flows on the surface of the earth, including a watercourse, lake, or tidewater.

(21) "Sustained yield" means the availability of water from an aquifer managed so that total withdrawals do not exceed natural recharge, thus enabling the aquifer to function as an aquifer in perpetuity.

(22) "Underground water" means ground water.

(23) "Use of water" means a direct use of ground or surface water by withdrawal, diversion, or impoundment.

(24) “Water audit” means an examination of water use that traces the flow of water from the site of water withdrawal through the distribution system and final use of the water, and details the variety of consumption and losses that exist from withdrawal through final use.

(25) “Water conservation” means the use of practices, techniques, and technologies that:

(a) Reduce the consumption, loss, or waste of water;

(b) Improve efficiency in the use of water; or

(c) Make more efficient use of water treatment infrastructure.

(26) “Water supply capacity management plan” means a plan that analyzes available water supply capacity and establishes a system to track water allocation commitments.

(27) "Watercourse" means a stream of water of natural origin, flowing constantly or intermittently on the surface of the earth in a relatively definite natural channel, including springs, lakes, or marshes in which a stream originates or through which it flows.

(28) "Water management strategy area" means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users.

(29) "Water table" means the water-saturated zone which is:

(a) First encountered when drilling into the earth's surface; and

(b) Not a confined aquifer.