Sec. 22a-373. Decision.
Sec. 22a-373. Decision. (a) The commissioner shall, within one hundred and
twenty days of the close of the hearing, make a decision either granting or denying the
application as deemed complete in section 22a-371, or granting it upon such terms,
limitations or conditions, including, but not limited to, provisions for monitoring, schedule of diversion, duration of permit and reporting as he deems necessary to fulfill the
purposes of sections 22a-365 to 22a-378, inclusive. The commissioner shall state in full
the reasons for his decision.
(b) In making his decision, the commissioner shall consider all relevant facts and
circumstances including but not limited to:
(1) The effect of the proposed diversion on related needs for public water supply
including existing and projected uses, safe yield of reservoir systems and reservoir and
groundwater development;
(2) The effect of the proposed diversion on existing and planned water uses in the
area affected such as public water supplies, relative density of private wells, hydropower,
flood management, water-based recreation, wetland habitats, waste assimilation and
agriculture;
(3) Compatibility of the proposed diversion with the policies and programs of the
state of Connecticut, as adopted or amended, dealing with long-range planning, management, allocation and use of the water resources of the state;
(4) The relationship of the proposed diversion to economic development and the
creation of jobs;
(5) The effect of the proposed diversion on the existing water conditions, with due
regard to watershed characterization, groundwater availability potential, evapotranspiration conditions and water quality;
(6) The effect, including thermal effect, on fish and wildlife as a result of flow
reduction, alteration or augmentation caused by the proposed diversion;
(7) The effect of the proposed diversion on navigation;
(8) Whether the water to be diverted is necessary and to the extent that it is, whether
such water can be derived from other alternatives including but not limited to conservation;
(9) Consistency of the proposed diversion with action taken by the Attorney General, pursuant to sections 3-126 and 3-127; and
(10) The interests of all municipalities which would be affected by the proposed
diversion.
(c) In making a decision on an application, the commissioner shall consider (1)
capital expenditures and other resource commitments made prior to July 1, 1982, in
connection with a proposed diversion, but such expenditures or commitments shall not
be binding in favor of such proposed diversion and (2) proposed diversions recommended in any water supply plan developed pursuant to section 25-32d or coordinated
water system plan prepared pursuant to section 25-33h in the same manner as proposed
diversions not recommended in any such plan.
(d) If a decision is not made in the time required pursuant to subsection (a) of this
section, the application shall be deemed granted.
(P.A. 82-402, S. 9, 16; P.A. 85-544, S. 5, 6; P.A. 89-301, S. 8.)
History: P.A. 85-544, effective July 5, 1985, added Subsec. (b)(10) re interests of municipalities affected by proposed
diversion; P.A. 89-301 added Subsec. (c)(2) re consideration of proposed diversions in water supply plans.
Cited. 28 CA 674.