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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
806.12 or to those activities authorized under 806.34, no person shall undertake any of the following projects without prior review and approval by the Commission. The project sponsor shall submit an application in accordance with subpart B of this part and shall be subject to the applicable standards in subpart C of this part.
1 Consumptive use of water. Any consumptive use project described in this paragraph a1 shall require an application to be submitted in accordance with 806.13, and shall be subject to the standards set forth in 806.22, and, to the extent that it involves a withdrawal from groundwater or surface water except a small capacity source, shall also be subject to the standards set forth in 806.23 as the Commission deems necessary. Except to the extent that they involve the diversion of the waters of the basin, public water supplies shall be exempt from the requirements of this section regarding consumptive use;
provided, however, that nothing in this section shall be construed to exempt individual consumptive users connected to any such public water supply from the requirements of this section. Provided the commission determines that low flow augmentation projects sponsored by the commissions member states provide sufficient mitigation for agricultural water use to meet the standards set forth in 806.22, and except as otherwise provided in this paragraph a1, agricultural water use projects shall not be subject to the requirements of this paragraph a1.
Notwithstanding the foregoing, an agricultural water use project involving a diversion of the waters of the basin shall be subject to such requirements unless the property, or contiguous parcels of property, upon which the agricultural water use project occurs is located at least partially within the basin.
i Any project initiated on or after January 23, 1971, involving a consumptive water use of an average of 20,000 gallons per day gpd or more in any consecutive 30-day period.
ii With respect to projects previously approved by the Commission for consumptive use, any project that will involve an increase in a consumptive use above that amount which was previously approved.
iii With respect to projects with precompact consumptive use:
A Registered in accordance with subpart E of this part that increases its consumptive use by any amount over the quantity determined under 806.44;

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B Increasing its consumptive use to an average of 20,000 gpd or more in any consecutive 30-day period; or C That failed to register its consumptive use in accordance with subpart E of this part.
iv Any project, regardless of when initiated, involving a consumptive use of an average of 20,000 gpd or more in any consecutive 30-day period, and undergoing a change of ownership, unless such project satisfies the requirements of paragraph b of this section or the existing Commission approval for such project is transferred pursuant to 806.6.
2 Withdrawals. Any project, including all of its sources, described in this paragraph a2 shall require an application to be submitted in accordance with 806.13, and shall be subject to the standards set forth in 806.21 and 806.23. Hydroelectric projects, except to the extent that such projects involve a withdrawal, shall be exempt from the requirements of this section regarding withdrawals;
provided, however, that nothing in this paragraph a2 shall be construed as exempting hydroelectric projects from review and approval under any other category of project requiring review and approval as set forth in this section, 806.5, or 18 CFR part 801.
i Any project initiated on or after July 13, 1978 for groundwater or November 11, 1995 for surface water withdrawing a consecutive 30-day average of 100,000 gpd or more from a groundwater or surface water source, or any project initiated after January 1, 2007 withdrawing a consecutive 30-day average of 100,000 gpd or more from a combination of sources.
ii Any new source added to projects with previously approved withdrawals by the Commission.
iii Any withdrawal increased above that amount which was previously approved by the Commission.
iv With respect to projects with grandfathered withdrawals:
A Registered in accordance with subpart E of this part that increases its withdrawal by any amount over the quantity determined under 806.44;
B Increasing its withdrawal individually or in combination from all sources to an average of 100,000 gpd or more in any consecutive 30-day period;
or C That failed to register its withdrawals in accordance with subpart E of this part.
v Any project, regardless of when initiated, involving a withdrawal of a consecutive 30-day average of 100,000
gpd or more, from either groundwater or surface water sources, or in combination
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from both, and undergoing a change of ownership, unless such project satisfies the requirements of paragraph b of this section or the existing Commission approval for such project is transferred pursuant to 806.6.
3 Diversions. Except with respect to agricultural water use projects not subject to the requirements of paragraph a1 of this section, the projects described in paragraphs a3i through iv of this section shall require an application to be submitted in accordance with 806.13, and shall be subject to the standards set forth in 806.24. The project sponsors of out-ofbasin diversions shall also comply with all applicable requirements of this part relating to consumptive uses and withdrawals. The projects identified in paragraphs a3v and vi of this section shall be subject to regulation pursuant to 806.22f.
i Any project initiated on or after January 23, 1971, involving the diversion of water into the basin by any amount, or involving a diversion of water out of the basin of an average of 20,000 gallons of water per day or more in any consecutive 30-day period.
ii With respect to diversions previously approved by the Commission, any project that will increase a diversion above the amount previously approved.
iii With respect to diversions initiated prior to January 23, 1971, any project that will increase a diversion into the basin by any amount, or increase the diversion of water out of the basin by any amount.
iv Any project, regardless of when initiated, involving the diversion of water into the basin by any amount or involving a diversion of water out of the basin by an average of 20,000 gallons of water per day or more in any consecutive 30-day period, and undergoing a change of ownership, unless such project satisfies the requirements of paragraph b of this section or the Commission approval for such project is transferred pursuant to 806.6.
v The interbasin diversion of any flowback or production fluids, tophole water and captured stormwater from hydrocarbon development projects from one drilling pad site to another drilling pad site for use in hydrofracture stimulation, provided it is handled, transported and stored in compliance with all standards and requirements of the applicable member jurisdiction, shall not be subject to separate review and approval as a diversion under this paragraph if the generating or receiving pad site is subject to an Approval by Rule issued pursuant to 806.22f and
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