Alabama Administrative Code Chapter 305-7-10 — Declarations Of Beneficial Use

305 Alabama Department of Economic and Community Affairs (Alabama Energy and Residential Codes Board)

Ala. Admin. Code r. 305-7-10-.01 Filing Of Declaration Of Beneficial Use

(1) Any person diverting waters of the state shall file a Declaration of Beneficial Use with the Office of Water Resources as required by the Act.

(2) A Declaration of Beneficial Use must be filed for each withdrawal facility.

(3) A Declaration of Beneficial Use shall be filed by mail or in person to:

(a) for mail delivery:

Office of Water Resources Alabama Center for Commerce 401 Adams Avenue, Suite 360 Post Office Box 5690 Montgomery, Alabama 36103-5690

(b) for hand delivery:

Office of Water Resources Alabama Center for Commerce 401 Adams Avenue, Suite 360 Montgomery, Alabama 36104

(c) other places designated by the Office of Water Resources.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-l9, 9-lOB-20.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Ala. Admin. Code r. 305-7-10-.02 Content Of Declaration Of Beneficial Use

(1) Each Declaration of Beneficial Use shall be filed on forms prescribed by the Division Chief of the Office of Water Resources and include information for each withdrawal facility such as, but not necessarily limited to, the:

(a) water source;

(b) primary uses of the water;

(c) geographic location of the points of diversion and points of return of water;

(d) estimated or actual quantity of water, in gallons, diverted and estimated or actual quantity of water, in gallons, to be returned;

(e) estimated maximum potential quantity of water, in gallons, which could be diverted and estimated potential quantity of water, in gallons, which would be returned;

(f) method or means of measuring, estimating, or controlling the water diverted.

(g) statement regarding the navigability of the water source; and

(h) basis of legal right to use the water to be diverted.

(2) Each Declaration of Beneficial Use:

(a) shall describe the geographic location and proximity to the water source of property using the diverted water and shall list and document, with appropriate attachments, the current basis for the legal use of such water. Such attachments may include, among other things, opinions of counsel, deeds, court decrees, lease agreements, permits, licenses, certificates and contracts; and

(b) shall certify that the diversion is consistent with the objectives of the Act. Consistency with the objectives of the Act shall be interpreted as meaning that the applicant must establish and declare that the use of water is:

1. a lawful, reasonable and beneficial use of water;

2. consistent with the public interest;

3. does not interfere with any legal use of water existing at the time of the application; and

4. complies with the provisions of the Act and these Rules.

(3) Each Declaration of Beneficial Use shall contain a statement, signed and certified to by the person required to file the Declaration of Beneficial Use, or by some other person duly authorized to sign in the person's behalf, that to the best of the person's knowledge and belief the information provided in the Declaration of Beneficial Use is true, accurate and complete.

History

• Author: Walter B. Stevenson, Jr.; Onis Trey Glenn, III
• Authority: Code of Ala. 1975, §§9-lOB-l9, 9-lOB-20.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994. Amended: Filed January 18, 2002; effective February 22, 2002.

Ala. Admin. Code r. 305-7-10-.03 Voluntary Filing Of Declaration Of Beneficial Use

Nothing in these Rules shall be interpreted or construed as prohibiting any person from voluntarily filing a Declaration of Beneficial Use in accordance with the provisions of these Rules. Any person voluntarily filing a Declaration of Beneficial Use, although not required to file such, shall fully comply with the provisions of these Rules and such terms or conditions as are contained in the Certificate of Use issued by the Office of Water Resources.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-l9.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Ala. Admin. Code r. 305-7-10-.04 Amendment To Declaration Of Beneficial Use

If any information in a Declaration of Beneficial Use is no longer true, accurate and complete, the applicant shall, within ninety (90) days of such change, file an amendment which shall correct and update the Declaration of Beneficial Use.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-l9.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Ala. Admin. Code r. 305-7-10-.05 Review Of Declaration Of Beneficial Use

(1) The Office of Water Resources shall review the Declaration of Beneficial Use to determine that it is complete.

(2) If the Declaration of Beneficial Use is determined to be incomplete, the applicant will be so advised within thirty (30) days of the receipt of the Declaration. The notice to the applicant will identify the deficiencies in the Declaration of Beneficial Use.

(3) If a Declaration of Beneficial Use has been filed in accordance with these Rules, and upon review it is determined that the Declaration is complete and in conformance with the provisions of the Act and these Rules, the Office of Water Resources shall issue, or cause to be issued, a Certificate of Use. A Certificate of Use shall be issued for each withdrawal facility.

(4) In the event a new or revised Certificate of Use has not been issued by the Office of Water Resources within ninety (90) days of a person's submission of a Declaration of Beneficial Use the person submitting such Declaration may continue to divert, withdraw, or consume the waters of the state in compliance with the provisions of the Act and these Rules and shall not be subject to any civil action or order issued by the Office of Water Resources for failing to submit a Declaration of Beneficial Use.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-l9, 9-lOB-20.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Ala. Admin. Code r. 305-7-10-.06 Emergency Diversion

A Declaration of Beneficial Use, as otherwise required by the Act, shall not be required to be filed if the diversion lasts for less than thirty (30) days (hereafter referred to as an "Emergency Diversion"). An emergency diversion includes the taking of water for purposes such as fire fighting, hazardous waste spill response or other emergencies as may be determined by the Office of Water Resources. The person responsible for the emergency diversion shall, within thirty (30) days of the diversion, notify the Office of Water Resources of the name, address and telephone number of the person diverting water, the purpose(s) of the diversion, the source of diversion, the location of the diversion, the initial date of the diversion, the daily amount of water diverted, and the anticipated duration of the diversion. If it is determined that the emergency diversion is expected to continue for more than thirty (30) days the Division Chief shall determine whether to grant a waiver for the emergency diversion or to require the filing of a Declaration of Beneficial Use.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-l9.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.

Ala. Admin. Code r. 305-7-10-.07 Failure To File A Declaration Of Beneficial Use

Failure to file a Declaration of Beneficial Use and the continued use of the waters of the state will be considered a violation of the Act and these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-l9.
• Filed October 20, 1993. Adopted: December 9, 1993; Effective February 22, 1994.