Section 15-1503. Permits  


Latest version.
  • 1.   A   permit  application  or  request  for  a  permit  renewal  or
      modification shall be made on forms provided by the department and shall
      be accompanied by proof  of  adequate  authorization  for  the  proposed
      project, such exhibits as may be necessary clearly to indicate the scope
      of  the  proposed project, a map of any lands to be acquired and project
      plans. The application shall also indicate the need for and the  reasons
      why  the  proposed  source  or sources of supply were selected among the
      alternative sources which are or may become available, the  adequacy  of
      the supply selected and the method proposed to determine and provide for
      the  proper  compensation  for  any direct and indirect legal damages to
      persons or property that will result from the acquisition of  any  lands
      in  connection  with  the  proposed project or from the execution of the
      proposed project. The application shall also contain, in accordance with
      local  water  resource  needs  and  conditions,  a  description  of  the
      applicant's  near  term  and  long  range  water  conservation  program,
      including implementation and enforcement  procedures,  effectiveness  to
      date  and  any  planned  modifications  for the future. Such program may
      include but shall not be limited to:
        a. the identification of and cost effectiveness of distribution system
      rehabilitation to correct sources of lost water;
        b. measures which encourage proper maintenance and water conservation;
        c.  a  public  information  program  to  promote  water  conservation,
      including industrial and commercial recycling and reuse;
        d. household conservation measures; and
        e.  contingency  measures  for  limiting  water use during seasonal or
      drought shortages. If the proposed project provides for the use of water
      for potable purposes, the application shall also include adequate  proof
      of  the  character and purity of the water supply to be acquired or used
      and the proposed method of treatment.
        2. In making its decision to grant or deny a  permit  or  to  grant  a
      permit  with  conditions,  the  department  shall  determine whether the
      proposed project is justified by the public necessity, whether it  takes
      proper  consideration  of other sources of supply that are or may become
      available, whether all work connected with the project  will  be  proper
      and  construction  safe,  whether  the  supply will be adequate, whether
      there will be proper protection of the supply and watershed  or  whether
      there  will  be  proper  treatment of any additional supply, whether the
      project is just and equitable to all affected municipalities  and  their
      inhabitants  and  in  particular with regard to their present and future
      needs for sources of water supply, whether there is provision  for  fair
      and  equitable determinations of and payments of any direct and indirect
      legal  damages  to  persons  or  property  that  will  result  from  the
      acquisition of any lands in connection with the proposed project or from
      the  execution  of  the  proposed project, and whether the applicant has
      developed and implemented a water  conservation  program  in  accordance
      with  local water resource needs and conditions. If the proposed project
      is a multi-purpose project, in whole or in part authorized by a  general
      plan  adopted  and  approved  pursuant  to title 11 of this article, the
      department in addition shall determine if the  proposed  project  is  in
      conformity with the general plan.
        3.  In  order  to  assist  the development of local water conservation
      plans, the department shall, by the effective date of this  subdivision,
      publish  and  distribute  a  model  local  water  conservation plan that
      includes  beneficial  near  term  and  long  range  water   conservation
      procedures  which  reflect  local  water  resource needs and conditions.
      Such plan shall include examples of:
    
        a. methods of identifying and determining the  cost  effectiveness  of
      distribution system rehabilitation to correct sources of lost water;
        b. measures which encourage proper maintenance and water conservation;
        c.  a  public  information  program  to  promote  water  conservation,
      including industrial and commercial recycling and reuse;
        d. household conservation measures; and
        e. contingency measures for limiting  water  use  during  seasonal  or
      drought shortages.
        4.  The  department  may grant or deny a permit or grant a permit with
      such conditions as may be necessary to provide  satisfactory  compliance
      by  the  applicant  with the matters subject to department determination
      pursuant to subdivision 2 of this section, or to bring into  cooperation
      all  persons or public corporations that may be affected by the project,
      but it shall  make  a  reasonable  effort  to  meet  the  needs  of  the
      applicant, with due regard to the actual or prospective needs, interests
      and rights of others that may be affected by the project.
        5.  The  rules  and regulations adopted by the department to implement
      this title and the provisions of article 70 of this  chapter  and  rules
      and  regulations  adopted  thereunder  shall govern permit applications,
      renewals, modifications, suspensions and revocations under this title.