§ 806.44. Determination of grandfathered quantities.
124 words·~1 min read·
/us/cfr/t18/s§ 806.44·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
(b)In making a determination, the following factors should be considered:
(1)The withdrawal and use data and the peak consecutive 30-day average shown by the data;
(2)The reliability and accuracy of the data and/or the meters or measuring devices;
(3)Determination of reasonable and genuine usage of the project, including any anomalies in the usage;
(4)Whether the grandfathered amount includes an operational margin of safety; and
(5)Other relevant factors.
(c)The Executive Director, in lieu of a determination under paragraph
(b)of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.