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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
temporary water supply if an aquifer test results in interference with an existing water use.
f Review of submittals under this section may be terminated by the Commission in accordance with the procedures set forth in 806.16.
g This section does not apply to withdrawals related to mine dewatering, water resources remediation or AMD
facilities, provided the activity is governed by another regulatory agency.
h Sources undergoing renewal that can provide an interpretative hydrogeologic report that documents the results of a Commission approved aquifer test or documentation of an approved prior waiver by the Commission may meet the requirements of this section for that previously approved groundwater source.
i In lieu of completing a Commission-approved aquifer test, the project sponsor may submit an Alternative Hydrogeologic Evaluation AHE that provides supporting information equivalent to that which would be obtained from completing an approved aquifer test under paragraph a of this section. This supporting information includes, but is not limited to, prior aquifer testing data, the withdrawal setting and location, existing site specific operational data, and prior Commission approved waivers of aquifer testing requirements.
Commission staff may approve an AHE
for a project or require completion of a Commission approved aquifer test in accordance with paragraph a of this section.
j This section does not apply to withdrawals from a small capacity source, unless otherwise determined by the Executive Director.
6. Amend 806.14 by:
a. Revising paragraphs a2 and 3, b1 and 2, and c2, 3, and 5;
b. Adding paragraphs c10 and 11;
and c. Revising paragraph d.
The revisions and additions read as follows:

806.14

Contents of application.

a
2 Project location, including latitude and longitude coordinates in decimal degrees accurate to within 10 meters, the project location displayed on a map, and evidence of legal access to the property upon which the project is proposed.
3 Project description, including:
purpose, proposed quantity to be withdrawn or consumed, if applicable, and description of all sources,
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consumptive uses and diversions related to the project.

b
1 Surface water. i Water use and availability.
ii Project setting, including surface water characteristics, identification of wetlands, and site development considerations.
iii Description and design of intake structure.
iv Anticipated impact of the proposed project on local flood risk, recreational uses, fish and wildlife and natural environment features.
v For new projects and major modifications to increase a withdrawal, alternatives analysis for a withdrawal proposed in settings with a drainage area of 50 miles square or less, or in a water with exceptional water quality, or as required by the Commission.
2 Groundwater. i With the exception other projects which are addressed in paragraph b6 of this section, the project sponsor shall demonstrate that requirements of 806.12 have been met by providing one of the following:
A An interpretive report that includes the results of a Commission approved aquifer test and an updated groundwater availability estimate if changed from the aquifer test plan, B An approved AHE, C A prior determination by the Commission staff under 806.12h that the intent and requirements of 806.12
have been met along with an updated groundwater availability estimate.
ii Water use and availability.
iii Project setting, including nearby surface water features.
iv Groundwater elevation monitoring plan for all production wells.
v Alternatives analysis as required by the Commission.

c
2 Project location, including latitude and longitude coordinates in decimal degrees accurate to within 10 meters, the project location displayed on map, and evidence of legal access to the property upon which the project is located.
3 Project description, to include, but not be limited to: Purpose, proposed quantity to be withdrawn or consumed if applicable, description of all sources, consumptive uses and diversions related to the project and any proposed project modifications.

5 An as-built and approved metering plan that conforms to 806.30.

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10 Changes to the facility design.
11 Any proposed changes to the previously authorized purpose.
d Additional information is required for the following applications for renewal of expiring approved projects.
1 Surface water. i Description and as-built of intake structure.
ii For renewals seeking to increase a withdrawal, alternatives analysis for a withdrawal proposed in settings with a drainage area of 50 miles square or less, or in a waterway with exceptional water quality, or as required by the Commission.
2 Groundwater. i The project sponsor shall demonstrate that requirements of 806.12 have been met by providing one of the following:
A Provide an interpretive report that includes the results of a Commission approved aquifer test and an updated GW availability estimate if changed from the aquifer test plan;
B An approved AHE; or C A prior determination by the Commission staff under 806.12h that the intent and requirements of 806.12
have been met.
ii An interpretative report providing analysis and comparison of current and historic water withdrawal and groundwater elevation data with previously completed materials to demonstrate satisfaction of 806.12, which may include a hydrogeologic report from previous aquifer testing, an approved AHE or prior determination of waiver of aquifer testing.
iii Current groundwater availability analysis assessing the availability of water during a 1-in-10 year drought recurrence interval under the existing conditions within the recharge area and predicted for term of renewal i.e., other users, discharges, and land development within the groundwater recharge area.
iv Groundwater elevation monitoring plan for all production wells.
v Alternatives analysis as required by the Commission.
3 Consumptive use. i Consumptive use calculations.
ii Mitigation plan, including method of consumptive use mitigation.
4 Into basin diversion. i Provide the necessary information to demonstrate that the project will continue to meet the standards in 806.24c.
ii Identification of the source and current water quality characteristics of the water to be diverted.
5 Out of basin diversion. i Provide the necessary information to demonstrate that the project will continue to meet the standards in 806.24b.

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