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Federal Register/Vol. 63, No. 26/Monday, February 9

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Federal Register/Vol. 63, No. 26/Monday, February 9 Federal Register / Vol. 63, No. 26 / Monday, February 9, 1998 / Rules and Regulations 6477 § 157.208 [Amended] DELAWARE RIVER BASIN 2. Section 430.13 is amended by 2. Table I in § 157.208(d) is revised to COMMISSION adding new paragraphs (h) through (m), to read as follows: read as follows: 18 CFR Part 430 § 430.13 Protected area permits for new TABLE I Protection Area Permits for New withdrawals. Withdrawals; Amendments to the * * * * * Limit Delaware River Basin Commission's (h) Dockets and protected area permits may be issued for a duration of Auto. Prior notice Ground Water Protected Area Year Project cost project cost Regulations for Southeastern up to ten years and shall specify the limit (col- limit (col- Pennsylvania maximum total withdrawals that must umn 1) umn 2) not be exceeded during any consecutive AGENCY: Delaware River Basin 30-day period. Such maximum total 1982 .................. $4,200,000 12,000,000 Commission. withdrawals shall be based on demands 1983 .................. 4,500,000 12,800,000 ACTION: Final rule. projected to occur during the duration 1984 .................. 4,700,000 13,300,000 of the docket or protected area permit. 1985 .................. 4,900,000 13,800,000 SUMMARY: At its January 28, 1998 (i) Ground water withdrawal limits 1986 .................. 5,100,000 14,300,000 business meeting, the Delaware River shall be defined for subbasins in 1987 .................. 5,200,000 14,700,000 Basin Commission amended its Ground accordance with the provisions of (i)(1) 1988 .................. 5,400,000 15,100,000 Water Protected Area Regulations for or (2) of this section. The limits for 1989 .................. 5,600,000 15,600,000 Southeastern Pennsylvania by the specific subbasins are set forth in (i)(3) 1990 .................. 5,800,000 16,000,000 establishment of numerical withdrawal of this section. 1991 .................. 6,000,000 16,700,000 limits for subbasins in the Protected (1) Baseflow frequency analyses shall 1992 .................. 6,200,000 17,300,000 Area. be conducted for all subbasins in the 1993 .................. 6,400,000 17,700,000 Southeastern Pennsylvania Ground 1994 .................. 6,600,000 18,100,000 EFFECTIVE DATE: January 28, 1998. Water Protected Area. The analyses 1995 .................. 6,700,000 18,400,000 ADDRESSES: Copies of the Commission's shall determine the 1-year-in-25 average 1996 .................. 6,900,000 18,800,000 Ground Water Protected Area annual baseflow rate. The 1-year-in-25 1997 .................. 7,000,000 19,200,000 Regulations for Southeastern average annual baseflow rate shall serve 1998 .................. 7,100,000 19,600,000 Pennsylvania are available from the as the maximum withdrawal limit for Delaware River Basin Commission, P.O. net annual ground water withdrawals § 157.215 [Amended] Box 7360, West Trenton, New Jersey for subbasins. If net annual ground water withdrawals exceed 75 percent of 3. Table II in § 157.215(a) is revised to 08628. this rate for a subbasin, such a subbasin read as follows: FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission shall be deemed ``potentially stressed.'' The Commission shall maintain a TABLE II Secretary, Delaware River Basin Commission, (609) 883±9500 ext. 203. current list of net annual ground water withdrawals for all subbasins. ``Net'' Year Limit SUPPLEMENTARY INFORMATION: On June annual ground water withdrawals 24, 1997 the Commission held a public includes total ground water withdrawals 1982 .......................................... 2,700,000 hearing on proposed amendments to its 1983 .......................................... 2,900,000 less total water returned to the ground Ground Water Protected Area water system of the same subbasin. 1984 .......................................... 3,000,000 Regulations for Southeastern 1985 .......................................... 3,100,000 (2) Upon application by the Pennsylvania as noticed in the Federal appropriate governmental body or 1986 .......................................... 3,200,000 Register, Vol. 62, No. 90, page 25569, 1987 .......................................... 3,300,000 bodies, the withdrawal limits criteria set May 9, 1997 and Vol. 62, No. 117, page 1988 .......................................... 3,400,000 forth in (i)(1) of this section may be 33058, June 18, 1997. The Commission 1989 .......................................... 3,500,000 revised by the Commission to provide has considered the extensive testimony 1990 .......................................... 3,600,000 additional protection for any subbasin and comments from interested parties 1991 .......................................... 3,800,000 identified in (i)(3) of this section with 1992 .......................................... 3,900,000 and has revised the proposed streams or stream segments designated 1993 .......................................... 4,000,000 amendments in response to those by the Commonwealth of Pennsylvania 1994 .......................................... 4,100,000 comments. A ``Response Document on as either ``high quality,'' or ``exceptional 1995 .......................................... 4,200,000 Proposed Amendments to the value,'' or ``wild,'' or ``scenic,'' or 1996 .......................................... 4,300,000 Southeastern Pennsylvania Ground ``pastoral,'' or to correspond with more 1997 .......................................... 4,400,000 Water Protected Area Regulations'' is stringent requirements in integrated 1998 .......................................... 4,500,000 available upon request to Ms. Weisman resource plans adopted and at the number provided above. implemented by all municipalities [FR Doc. 98±3151 Filed 2±6±98; 8:45 am] List of Subjects in 18 CFR Part 430 within a subbasin identified in (i)(3) of BILLING CODE 6717±01±M this section. Integrated resource plans Water supply. shall be developed according to sound 18 CFR Part 430 is amended as principles of hydrology. Such plans follows: shall at a minimum assess water resources and existing uses of water; PART 430ÐGROUND WATER estimate future water demands and PROTECTION AREA: PENNSYLVANIA resource requirements; evaluate supply- side and demand-side alternatives to 1. The authority citation for Part 430 meet water withdrawal needs; assess continues to read as follows: options for wastewater discharge to Authority: Pub. L. 87±328 (75 Stat. 688). subsurface formations and streams; 6478 Federal Register / Vol. 63, No. 26 / Monday, February 9, 1998 / Rules and Regulations consider stormwater and floodplain ground water withdrawal. The eligible (l) The durations of all existing management; assess the capacity of the programs are noted below. If the dockets and protected area permits may subbasin to meet present and future remainder of the application and the be extended by the Commission for an demands for withdrawal and program(s) submitted are acceptable, the additional five years if the docket or nonwithdrawal uses such as instream withdrawal may be approved by the permit holder successfully implements flows; identify potential conflicts and Commission for an initial three-year in either (k)(1) or (k)(2) of this section. problems; incorporate public period. The applicant shall implement If the docket or permit holder participation; and outline plans and the program(s) immediately upon successfully implements both options, programs including land use ordinances Commission approval. If after the three- the docket or permit may be extended to resolve conflicts and meet needs. year period the program(s) is deemed for an additional ten years. The Integrated resource plans shall be successful by the Commission, the Executive Director shall notify all adopted and implemented by all docket or permit duration may be docket and permit holders potentially municipalities within a subbasin and extended for up to 10 years. The project affected by this resolution of their right incorporated into each municipality's sponsor shall be required to continue to file an application to determine their Comprehensive Plan. the program(s) for the duration of the eligibility for extension. (3) Subject to public notice and docket or permit. (m) It is the policy of the Commission hearing, this section may be updated or (1) A conjunctive use program that to prevent, to the extent reasonably revised based upon the following: the demonstrates the applicant's capability possible, net annual ground water completion of baseflow frequency to obtain at least 15 percent of its withdrawals from exceeding the analyses for the remaining subbasins average annual system usage from a maximum withdrawal limit. An with the Protected area; new and reliable surface water supply. An application for a proposed new or evolving information on hydrology and acceptable program shall include either expanded ground water withdrawal that streamflow and ground water reservoir storage or an interconnection would result in net annual ground water monitoring; or in accordance with (i)(2) with a surface water supplier and an withdrawals exceeding the maximum of this section. The potentially stressed agreement or contract to purchase water withdrawal limit established in levels and withdrawal limits for all from the supplier for the duration of the paragraph (i)(3) of this section shall set delineated basins and subbasins are set docket or permit. forth the applicant's proposal for forth below: (2) A water conservation program that complying with the Commission's exceeds the requirements of § 430.15. policy, with such supporting
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