Alabama Administrative Code Chapter 305-7-9 — General Provisions Of The Alabama Water Use Reporting Program

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

Ala. Admin. Code r. 305-7-9-.01 Application

The Act mandates that the Commission adopt rules and regulations governing Declarations of Beneficial Use and Certificates of Use. The Act makes water use reporting a condition of maintaining Certificates of Use. Chapters 305-7-9 through 305-7-12 of these Rules prescribe the rules, regulations and procedures for Declarations of Beneficial Use, Certificates of Use, and water use reporting and shall hereafter be known as the "Water Use Reporting Program."

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-1OB-2, 9-lOB-16, 9-lOB-l9.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-9-.02 Definitions

The definitions set out in the Act are incorporated by reference as a part of the Water Use Reporting Program. The following words and phrases, unless a different meaning is plainly required by the context of these Rules or the Act, shall have the following meanings:

(1) "Applicant" is defined as any person, who is required by the Act to file, or any person filing, a Declaration of Beneficial Use to withdraw or divert waters of the state.

(2) "Divert" or "Diversion' is defined as the capacity to withdraw, use or consume waters of the state.

(3) "Withdrawal facility" is defined as any individual or series of pipes, devices or means at a location which diverts waters of the state from a source.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-10-19.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-9-.03 Review of Forms

The Division Chief of the Office of Water Resources shall prescribe and the Commission approve the forms necessary to obtain the information required by the Water Use Reporting Program and shall alter or amend such forms as necessary.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-1OB-8, 9-lOB-l9.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-9-.04 Right of Entry

Authorized agents, representatives, or designees of the Office of Water Resources, may enter upon any private or public property after giving notice to the owner, occupant, custodian or agent of said property, for the purpose of determining compliance with the Act or these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-lOB-5, 9-lOB-l9.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-9-.05 Penalties

Any person violating any provision of the Act or these Rules shall be subject to penalties as provided by the Act. Penalties provided by the Act shall be in addition to other penalties or equitable relief which may be granted by any court of competent Jurisdiction.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §§9-1OB-5, 9-lOB-l9.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.

Ala. Admin. Code r. 305-7-9-.06 Appeals

Any person aggrieved by any administrative action by the Office of Water Resources or the Division Chief may appeal such action pursuant to Chapter 305-7-7 of these Rules.

History

• Author: Walter B. Stevenson, Jr.
• Authority: Code of Ala. 1975, §9-lOB-18.
• Filed: October 20, 1993; Adopted: December 9, 1993; Effective: February 22, 1994.