Vermont § 1043 - Permit requirement; program development

§ 1043. Permit requirement; program development

• (a) Program development. On or before July 1, 2026, the Secretary shall implement a surface water withdrawal
  permitting program that is consistent with section 1041 of this subchapter. The program
  shall be developed to: (1) require a permit or other authorization for surface water withdrawals based on potential
  impacts to surface waters or other factors and establish conditions of operation necessary
  to protect surface waters and the Vermont Water Quality Standards; (2) consider surface water withdrawal registration and reporting information submitted
  pursuant to section 1042 of this chapter in the establishment of permitting thresholds
  and other permitting requirements; (3) require efficient use and conservation of surface water; (4) ensure that withdrawals comply with the Vermont Water Quality Standards; (5) establish limitations on withdrawals based on low flow or drought conditions and the
  development of potential alternatives to meet surface water withdrawal needs in such
  cases; and (6) require assessment of any reasonable and feasible alternatives to proposed withdrawals
  that may have less of an impact on surface water quality. (b) Application. Application for a permit to withdraw surface water under the program established under
  subsection (a) of this section shall be made on a form provided by the Secretary and
  shall include the following information: (1) the location of each withdrawal, including the identification and type of each impacted
  surface water; (2) a description of the use or uses of the water to be withdrawn; (3) a description of the proposed method of water withdrawal; (4) the frequency and rate of the withdrawal; (5) an estimated schedule for the withdrawal; (6) the capacity of the system to be used for the withdrawal; (7) the location of the proposed return flow of the withdrawn water and whether the withdrawal
  is an interbasin transfer; (8) an estimate of the volume of water needed for the proposed use or uses; (9) a description of the alternative means considered for the proposed uses of water that
  will have less of an impact on surface water quality; and (10) any other information required by the Secretary. (c) Permits. (1) The Secretary may issue a general permit to authorize certain withdrawal activities. (2) The Secretary shall issue a general permit under this chapter for the withdrawal of
  surface water for State or municipal infrastructure projects. The general permit shall
  establish a rate and withdrawal volume that only requires notification of the Secretary
  and does not require Secretary approval prior to withdrawal. (3) A permit issued under this subchapter shall be for a period of not longer than 10
  years from the date of issuance. (d) Exceptions. A permit required under this subchapter shall not be required for: (1) surface water withdrawals for fire suppression or other public emergency response
  purposes; or (2) surface water withdrawals for irrigation for farming, livestock watering, or other
  uses for farming, as the term “farming” is defined in 6 V.S.A. § 4802. (e) Existing surface water withdrawals. (1) Snowmaking withdrawals. Existing withdrawals approved pursuant to subchapter 3 of this chapter for snowmaking
  shall be reviewed pursuant to subdivision (f)(1) of this section. (2) Nonsnowmaking withdrawals. (A) A permit required under this subchapter shall not be required until July 1, 2030 for
  an existing surface water withdrawal for nonsnowmaking purposes, provided that: (i) the existing surface water withdrawal is both registered and reported to the Secretary
  pursuant to section 1042 of this title on an annual basis; and (ii) no expansion of the existing surface water withdrawal occurs on or after January 1,
  2023. (B) For purposes of this subdivision (2), an expansion includes an increase in reported
  surface water withdrawal rate or volume or increase in reported capacity of the system. (f) Surface water withdrawals for snowmaking. (1) Existing withdrawals. Existing surface water withdrawals for snowmaking purposes that have been reviewed
  and approved pursuant to subchapter 3 of this chapter shall not require additional
  technical review by the Secretary under this subchapter, provided that the approved
  snowmaking activity is operated in compliance with the terms and conditions of the
  Secretary’s approval. For such activities, the Secretary may issue a permit under
  the rules adopted pursuant to this subchapter. (2) New withdrawals. Proposed surface water withdrawals for new snowmaking activities that require review
  pursuant to subchapter 3 of this chapter shall be reviewed by the Secretary in accordance
  with the rules adopted pursuant to section 1032 of this title. If the Secretary determines that the proposed activity is consistent with those
  rules, the Secretary shall issue a permit required by section 1043 of this section
  for that activity. (g) Enforcement. (1) The Secretary may require a person to obtain a permit under this subchapter when the
  Secretary, in the Secretary’s discretion, determines that a withdrawal or other action
  circumvents the requirements of this subchapter. (2) If the Secretary finds that a withdrawal subject to this subchapter results in the
  construction, installation, operation, or maintenance of any facility or condition
  that results in or can reasonably be expected to result in a violation of the Vermont
  Water Quality Standards, the Secretary may issue an order establishing reasonable
  and proper methods and procedures for the control of that activity in order to reduce
  or eliminate the violation. (h) Reservation. Nothing in this subchapter shall be interpreted to supersede, limit, or otherwise
  effect the Secretary’s authority to take action pursuant to section 1272 of this title or other applicable provision of law or rule. (Added 2021, No. 135 (Adj. Sess.), § 1, eff. July 1, 2022.)