26.17.07.02

.02 Scope of Application.

A. Permits issued or amended by the Department for nonresidential surface water appropriation in the Potomac River Basin upstream from Little Falls after January 1, 1985, shall condition the withdrawal of water on the provision, by the permittee, of low flow augmentation for consumptive water use, if the maximum consumptive water use can exceed 1 million gallons per day (mgd) at any time. Low flow augmentation shall be required whether the 1 mgd level is obtained under one permit or reached incrementally under successive new or amended permits for the same project.

B. As an alternative to the provision of low flow augmentation, permittees may cease consumptive water use during certain periods specified by the Department or may reduce consumptive water use to levels of 1 mgd or less.

C. Consumptive uses associated with all water appropriation permits for nonresidential water use before January 1, 1985 are exempt from the required low flow augmentation as to the level of consumptive water use before January 1, 1985.

D. Permittees operating under existing water appropriation or use permits that increase consumptive use beyond 1 mgd without increasing withdrawal shall obtain a new water appropriation permit and shall also be subject to the provisions of this regulation for that amount consumptively used which is in excess of 1 mgd and which was not previously exempt from this regulation as a result of having occurred before January 1, 1985.

E. If the Department determines that the combined effects of upstream permittees consumptively using less than 1 mgd may significantly increase the risk of imposing water use restrictions under the Potomac River Low Flow Allocation Agreement, the Department may require low flow augmentation of the permittees in a manner appropriate to their operations.

F. Surface water appropriation and use permits issued or amended for municipal residential water uses upstream from the Washington metropolitan area shall contain a condition that requires the permittees to reduce withdrawals from the Potomac River or tributaries of the Potomac River when the restriction stage is declared in the Washington metropolitan area under the provisions of the Potomac River Low Flow Allocation Agreement.