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December 5, 2011
DEC Issues Proposed Water Withdrawal Regulations
With little fanfare, in the midst of the public hearing schedule for its environmental review of hydrofracking, proposed gas drilling regulations and proposed stormwater permit for gas development activities, the New York State Department of Environmental Conservation (DEC) has published its proposed regulations to implement the water withdrawal legislation passed unanimously by both houses of the legislature earlier this year and signed into law by Governor Cuomo on August. 15, 2011. The new law amended the existing permit program for public water supplies and expanded it to include withdrawals for purposes beyond public water supply, such as those for commercial, manufacturing, industrial, and other purposes. The permit program includes all withdrawals that meet or exceed a threshold volume of 100,000 gallons per day.
The proposed water withdrawal regulations, amendments to 6 NYCRR Parts 601 and 621, were announced in the New York State Register on November 23, 2011, and are posted on the DEC website.
Written public comments on the proposed regulations are being accepted for 60 days through January 22, 2012. No public hearings on the proposed regulations have been scheduled. On Dec. 2, 2011, the DEC announced public information sessions in New Paltz on December 6, 2011, in Henrietta on December 13, 2011, and in Albany on December 12, 2011.
We will be posting a detailed analysis of the proposed regulations.
Posted by Rachel Treichler on 12/05/11. Updated 04/29/16.
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About NY Water Law
New York Water
Law covers legal developments relating to water usage in New York
and elsewhere. The
author, Rachel Treichler, practices law in the Finger Lakes region. .
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