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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations provided all monitoring and reporting requirements applicable to such approval are met.
vi The diversion of flowback or production fluids, tophole water and captured stormwater from a hydrocarbon development project for which an Approval by Rule has been issued pursuant to 806.22f, to an outof-basin treatment or disposal facility authorized under separate governmental approval to accept flowback or production fluids, shall not be subject to separate review and approval as a diversion under this paragraph, provided all monitoring and reporting requirements applicable to the Approval by Rule are met and it is handled, transported and stored in compliance with all standards and requirements of the applicable member jurisdiction.
vii The diversion of any flowback or production fluids, tophole water and captured stormwater from hydrocarbon development projects located outside the basin to an in-basin treatment or disposal facility authorized under separate government approval to accept flowback or production fluids, shall not be subject to separate review and approval as a diversion under this paragraph a3, provided the fluids are handled, transported and stored in compliance with all standards and requirements of the applicable member jurisdiction.
viii The diversion of drinking water and/or municipal wastewater out of the basin to a municipality on or straddling the basin divide if provided by or through a publicly or privately owned entity and regulated by the appropriate agency of the member jurisdiction shall not be subject to review and approval as a diversion under this paragraph a3
of this section or as a consumptive use under paragraph a1 of this section.
ix The diversion of drinking water and/or municipal wastewater into the basin to a municipality if provided by or through a publicly or privately owned entity and regulated by the appropriate agency of the member jurisdiction shall not be subject to review and approval as a diversion under this paragraph a3.
4 Crossing state boundaries. Any project on or crossing the boundary between two member states.
5 Significant effect. Any project in a member state having a significant effect on water resources in another member state.
6 Comprehensive plan. Any project which has been or is required to be included by the Commission in its comprehensive plan, or will have a significant effect upon the comprehensive plan.

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7 Determination. Any other project so determined by the commissioners or Executive Director pursuant to 806.5
or 18 CFR part 801. Such project sponsors shall be notified in writing by the Executive Director.
8 Natural gas. Any unconventional natural gas development project in the basin involving a withdrawal, diversion or consumptive use, regardless of the quantity.
9 General permit. Any project subject to coverage under a general permit issued under 806.17.
b Any project that did not require Commission approval prior to January 1, 2007, and undergoing a change of ownership, shall be exempt from the requirements of paragraph a1iv, a2v, or a3iv of this section if it is a:
1 Transfer of a project to the transferors spouse or one or more lineal descendents, or any spouse of such lineal descendents, or to a corporation owned or controlled by the transferor, or the transferors spouse or lineal descendents, or any spouse of such lineal descendents, for so long as the combined ownership interest of the transferor, the transferors spouse and/or the transferors lineal descendents and their spouses, continues to be 51
percent or greater; or 2 Transfer of land used primarily for the raising of food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock, or poultry, or for aquaculture, to the extent that, and for so long as, the projects water use continues to be for such agricultural water use purposes.
4. Amend 806.6 by revising paragraphs a5 and b and by adding paragraph d to read as follows:
806.6

Transfer of approvals.

a
5 If the existing project has an unapproved withdrawal, consumptive use and/or diversion listed in paragraph b of this section, the transfer shall be conditioned to require the submission of a new application for review and approval of the unapproved withdrawal, consumptive use and/or diversion consistent with 806.4 and 806.14 and paragraph d of this section.

b Previously unapproved activities associated with a project subject to transfer under paragraph a of this section include:
1 The project has an associated precompact consumptive water use that has not had mitigation approved by the Commission.
2 The project has an associated diversion that was initiated prior to January 23, 1971.

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3 Projects registered under subpart E
of this part.

d Any unapproved activities associated with a transferred project shall be subject to the following:
1 The transfer approval shall be conditioned to include monitoring requirements under 806.30 for all previously unapproved sources and activities.
2 The transfer approval may include any other conditions consistent with this part deemed necessary by the Executive Director.
3 The approved transfer will act as the unapproved activitys temporary approval for a period of five years, at which point, the project sponsor shall submit an application for review and approval consistent with subpart B of this part.
4 The Executive Director may require hydrogeologic evaluation under 806.12 and/or formal review and approval of any of the previously unapproved sources sooner if those sources show a substantial likelihood of environmental harm, interference with other water users or water availability issues.

5. Revise 806.12 to read as follows:

806.12

Hydrogeologic evaluation.

Evaluation of groundwater withdrawal projects requires a hydrogeologic evaluation, which may be an aquifer test in accordance with an approved plan or an alternative hydrogeologic evaluation in conformance with this section.
a Prior to submission of an application pursuant to 806.13, a project sponsor seeking approval for a new groundwater withdrawal, a renewal of an expiring groundwater withdrawal, or an increase of a groundwater withdrawal shall perform an aquifer test.
b Unless an alternative hydrogeologic evaluation method is approved, the project sponsor shall prepare an aquifer test plan for prior review and approval by Commission staff before testing is undertaken. Such plan shall include a groundwater availability analysis to determine the availability of water during a 1-in-10year recurrence interval.
c Unless otherwise specified, approval of a test plan is valid for two years from the date of approval.
d Approval of a test plan shall not be construed to limit the authority of the Commission to require additional testing or monitoring.
e The project sponsor may be required, at its expense, to provide
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