Susquehanna River Basin Commission Adopts Final Consumptive Use Rule, Mitigation Policy

The Susquehanna River Basin Commission has adopted a final rule to amend its regulations on consumptive use and consumptive use mitigation. These rules are designed to enhance and improve the Commission's existing authorities to manage the water resources of the basin.  

The Commission also adopted Policy No. 2020-01 on Consumptive Use Mitigation 

            The accompanying Policy offers implementing guidance for the Commission’s mitigation rules. 

The new regulation and policy are effective on April 1, 2020.

Through the rulemaking, the Commission sought to increase the feasibility of project sponsor-initiated consumptive use mitigation options.  

The rule lowers the former 90-day mitigation standard to 45 continuous days and defines the discontinuance mitigation standard as including a reduction of consumptive use to less than 20,000 gallons per day (gpd).  

The Consumptive Use Mitigation Policy provides a comprehensive overview of traditional consumptive mitigation objectives for water storage assets and low flow augmentation projects and also expands the scope of Commission-initiated alternative mitigation methods.

Resolution 2020-02, which formally adopted the regulation and policy, provides the Executive Director the authority necessary to carry out the implementation of the final rulemaking and policy.  

This includes approving any Commission-initiated modifications to consumptive use approvals to modify the mitigation requirements for evaporative losses from ponds and other on-site structures that meet the mitigation standard in Policy No. 2020-01.

The Executive Director is initiating those modifications. A list of pending modifications is provided for public review and comment. The comment period for pending modifications is 20 days from the date of publication, with specific due dates posted when the list of pending modifications is published.  

Comments should be submitted to the attention of:  Manager, Project Review; Susquehanna River Basin Commission; 4423 North Front Street, Harrisburg, PA  17110-1788; telephone: 717-238-0423; fax: 717-238-2436; or send email to: projectcomments@srbc.net. 

For more information on programs, training opportunities and upcoming events, visit the Susquehanna River Basin Commission website.  Click Here to sign up for SRBC’s newsletter.   Follow SRBC on Twitter, visit them on YouTube.

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[Posted: March 17, 2020]  PA Environment Digest