15-1503 - Permits.
§ 15-1503. Permits. 1. A permit application or request for a permit renewal or modification shall be made on forms provided by the department and shall be accompanied by proof of adequate authorization for the proposed project, such exhibits as may be necessary clearly to indicate the scope of the proposed project, a map of any lands to be acquired and project plans. The application shall also indicate the need for and the reasons why the proposed source or sources of supply were selected among the alternative sources which are or may become available, the adequacy of the supply selected and the method proposed to determine and provide for the proper compensation for any direct and indirect legal damages to persons or property that will result from the acquisition of any lands in connection with the proposed project or from the execution of the proposed project. The application shall also contain, in accordance with local water resource needs and conditions, a description of the applicant's near term and long range water conservation program, including implementation and enforcement procedures, effectiveness to date and any planned modifications for the future. Such program may include but shall not be limited to: a. the identification of and cost effectiveness of distribution system rehabilitation to correct sources of lost water; b. measures which encourage proper maintenance and water conservation; c. a public information program to promote water conservation, including industrial and commercial recycling and reuse; d. household conservation measures; and e. contingency measures for limiting water use during seasonal or drought shortages. If the proposed project provides for the use of water for potable purposes, the application shall also include adequate proof of the character and purity of the water supply to be acquired or used and the proposed method of treatment. 2. In making its decision to grant or deny a permit or to grant a permit with conditions, the department shall determine whether the proposed project is justified by the public necessity, whether it takes proper consideration of other sources of supply that are or may become available, whether all work connected with the project will be proper and construction safe, whether the supply will be adequate, whether there will be proper protection of the supply and watershed or whether there will be proper treatment of any additional supply, whether the project is just and equitable to all affected municipalities and their inhabitants and in particular with regard to their present and future needs for sources of water supply, whether there is provision for fair and equitable determinations of and payments of any direct and indirect legal damages to persons or property that will result from the acquisition of any lands in connection with the proposed project or from the execution of the proposed project, and whether the applicant has developed and implemented a water conservation program in accordance with local water resource needs and conditions. If the proposed project is a multi-purpose project, in whole or in part authorized by a general plan adopted and approved pursuant to title 11 of this article, the department in addition shall determine if the proposed project is in conformity with the general plan. 3. In order to assist the development of local water conservation plans, the department shall, by the effective date of this subdivision, publish and distribute a model local water conservation plan that includes beneficial near term and long range water conservation procedures which reflect local water resource needs and conditions. Such plan shall include examples of:a. methods of identifying and determining the cost effectiveness of distribution system rehabilitation to correct sources of lost water; b. measures which encourage proper maintenance and water conservation; c. a public information program to promote water conservation, including industrial and commercial recycling and reuse; d. household conservation measures; and e. contingency measures for limiting water use during seasonal or drought shortages. 4. The department may grant or deny a permit or grant a permit with such conditions as may be necessary to provide satisfactory compliance by the applicant with the matters subject to department determination pursuant to subdivision 2 of this section, or to bring into cooperation all persons or public corporations that may be affected by the project, but it shall make a reasonable effort to meet the needs of the applicant, with due regard to the actual or prospective needs, interests and rights of others that may be affected by the project. 5. The rules and regulations adopted by the department to implement this title and the provisions of article 70 of this chapter and rules and regulations adopted thereunder shall govern permit applications, renewals, modifications, suspensions and revocations under this title.