Article 2. Permit Applications and Procedures

3.201.   Application Submission Requirements

In addition to the materials listed at Section 2.303, application for a permit to conduct a new municipal or industrial water project shall be accompanied by the following information in the number required by the Director:

(1)

Description of efficient water use, recycling and reuse technology the Project intends to use. Such description shall include estimated stream transit losses of water, reservoir evaporation losses, and power and energy requirements of the Project and alternatives to the Project.

(2)

Map and description of other municipal and industrial water projects and providers in the vicinity of the Project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure and service plan boundaries and reasons for and against hooking on to those facilities.

(3)

Description of the water to be used by the Project and to the extent identified by the Director in consultation with the applicant, alternatives, including: the source, amount, the quality of such water; the applicant's right to use the water, including adjudicated decrees or determinations and any substitute water supply plans, and applications for decrees or determinations; proposed points of diversion and changes in the points of diversion; the existing uses of the water; adequate proof that adequate water resources have been or can and will be committed to and retained for the Project, and that applicant can and will supply the Project with water of adequate quality, quantity, and dependability; and approval by the respective Designated Ground Water Management District if applicable. If an augmentation or replacement plan for the Project has been decreed or determined or an application for such plan has been filed in the court or with the Ground Water Commission, the applicant must submit a copy of that plan or application.

(4)

Loss of Agricultural Productivity

(a)

Information on any agricultural water rights in the region converted to provide water for the Project, now or in the future.

(b)

Information on the amount of irrigated agricultural lands taken out of production, and a description of revegetation plans.

(c)

Economic consequences of any loss of irrigated agriculture, including loss of tax base, in the region.

(d)

Information as to loss of wildlife habitat, loss of topsoil, or noxious weed invasion, as a result of the transfer of water rights and subsequent dry-up of lands.

(e)

Information on impacts to agricultural head gates and water delivery systems.

3.202.   Review Criteria

A Permit to conduct the designated activity of a municipal or industrial water project shall be approved if the Permit Authority, or in the case of an Administratively Approved Permit, the Director, finds the application complies with the following criteria and the relevant criteria at Section 2.405. If the Permit Authority finds the application does not comply with any one or more of these criteria, the application shall be denied or may be approved with conditions.

(1)

The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The determination of whether the Project emphasizes the most efficient use of water may include but is not limited to the following considerations:

(a)

Whether the Project uses readily available conservation techniques.

(b)

Whether the Project recycles water to the extent allowed by law.