General Laws of Massachusetts - Chapter 21G Massachusetts Water Management Act - Section 8 Permit applications; contents

Section 8. The regulations adopted by the department shall specify the form and required contents of a permit application. At a minimum, such regulations shall specify that the application must contain:—

(1) The need for the proposed withdrawal;

(2) The reasons for the withdrawal and the use of the water to be withdrawn;

(3) A description of the water source from which the withdrawal is proposed;

(4) The location of the withdrawal;

(5) The volume, frequency and rate of water the applicant proposes to withdraw;

(6) The length of time for which the permit is sought;

(7) The effect of the proposed withdrawal on public drinking water supplies, water quality, wastewater treatment, waste assimilation, groundwater recharge areas, navigation, hydropower resources, water-based recreation, wetland habitats, fish and wildlife, agriculture, and flood plains;

(8) The alternatives, if any, to the proposed withdrawal including a study of cost factors, feasibility and environmental effects of such alternatives; and

(9) Conservation measures instituted, or to be instituted, by the applicant.

The regulations adopted by the department shall allow the applicant to submit, in support of the permit application, a negotiated agreement with any other owner of property conveying by deed an easement restricting that property owner’s right to withdraw from the water source from which the applicant proposes to make withdrawals. The department shall consider such easement in making its findings relative to the sufficiency of the water available within the safe yield of the water source from which the withdrawal is to be made.

The regulations issued by the department may specify the conditions under which the department will approve the transfer of a permit.

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Last modified: September 11, 2015