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 applicant shall include the following information with the application:

(a) A map (U.S. Geological Survey 7 1/2 minute Quadrangle Series, 1:24000 scale) showing the location of the proposed appropriation or use and the area or structure in which the water use will occur;

(b) The anticipated average daily appropriation calculated on an annual basis for the year projected to have the highest average daily use during the permit period;

(c) For a requested appropriation or use of ground water, the anticipated average daily appropriation during the month of highest use;

(d) For a requested appropriation or use of surface water, the anticipated maximum daily appropriation or use during the permit period; and

(e) Complete plans and specifications for any facility or structure requiring a permit.

(5) For persons proposing to appropriate or use water for agricultural purposes, the Department shall work with the applicant to determine:

(a) The anticipated average daily appropriation calculated on an annual basis for the year projected to have the highest average daily use during the permit period; and

(b) For a requested appropriation or use of:

(i) Ground water, the anticipated average daily appropriation during the month of highest use, or

(ii) Surface water, the anticipated maximum daily appropriation or use during the permit period.

(6) For each housing subdivision or other construction project which may be completed in phases, the applicant shall state the total ultimate water requirements for total development of the site during the permit period.

(7) If a requested appropriation or use is for more than an annual average of 10,000 gallons per day, the applicant shall comply with the notification requirements in COMAR 26.01.07.03.

(8) If a requested appropriation or use is for more than an annual average of 10,000 gallons per day, the applicant shall certify on a form provided by the Department that water-conserving fixtures associated with the appropriation or use shall conform to the requirements of Business Occupations and Professions Article, §12-205, Annotated Code of Maryland.

(9) The Department may require the applicant to conduct special evaluations, including:

(a) Water quality analyses, well-pumping tests, or geophysical well logging for proposed ground water appropriations;

(b) Water quality analyses, watercourse flow measurements, or aquatic habitat evaluations for proposed surface water withdrawals;

(c) Water audits, water supply capacity management plans, water conservation plans, or estimates of distribution system leakage; and

(d) For public water systems requesting special consideration under Environment Article, §5-501(b), Annotated Code of Maryland, evaluations as described in Applications for Water Allocation: Guidance Document for Public Water Systems Providing Water to Municipal Corporations or Priority Funding Areas in Carroll, Frederick, and Washington Counties (June 2014).

B. Application Processing Procedures for the Department.

(1) Except for applications that propose to appropriate or use water for agricultural purposes:

(a) The Department shall review an application for completeness and consistency with State water resources plans and may consider, when appropriate, the consistency of an application with local land use and zoning requirements;

(b) If the application is incomplete or prepared improperly, the Department shall notify the applicant as to what steps are necessary to complete the application; and

(c) An application is incomplete until the applicant provides all information requested by the Department and the Department completes its technical evaluation of that information.

(2) If the applicant does not respond within 6 months to the Department's request for additional information, the Department may notify the applicant that the application process has been terminated. To reactivate the closed file, the applicant shall reapply and may be required to submit new or updated evaluations.

(3) The Department shall provide notice and opportunity to submit comments and to request a public informational hearing in accordance with COMAR 26.01.07.03 and .04.

(4) The Department shall conduct public informational hearings in accordance with COMAR 26.01.07.06.