Registration Conditions

(1) The registrant shall comply at all times with the requirements and conditions imposed by the Department, M.G.L. c. 21G, and 310 CMR 36.00, and all other applicable state and federal statutes and regulations. (2) The registrant shall comply with the following conditions on a registered withdrawal when imposed by the Department in a registration statement: (a) the installation of flow meters within a specified time; (b) the accurate recording and reporting annually of the quantity of the water that is being withdrawn; and (c) restrictions on Nonessential Outdoor Water Use as follows: 1. For withdrawals not described in 310 CMR 36.07(2)(c)2. or 3., as soon as possible but no later than 24 months after issuance of the registration statement, the registrant shall establish enforceable restrictions limiting nonessential outdoor water use. Such restrictions shall be in place during a drought declaration by the Secretary for the drought region, county or watershed where the registrant's withdrawals are located, and nonessential outdoor water use shall be restricted as follows: a. Level 1 (Mild Drought). All nonessential outdoor water uses restricted to no more than one day per week, before 9:00 A.M. and after 5:00 P.M., except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted. b. Level 2 (Significant Drought). All nonessential outdoor water uses banned, except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted. c. Level 3 (Critical Drought) or Level 4 (Drought Emergency). All nonessential outdoor water uses are banned. 2. For withdrawals for the maintenance of golf course greens, tees, fairways, and roughs during a drought declaration by the Secretary for the drought region, county or watershed where the registrant's withdrawals are located, registrants shall comply with the following restrictions on nonessential outdoor water use: a. Level 1 (Mild Drought). Irrigation of fairways shall be reduced to 80% of normal, irrigation of roughs shall be reduced to 50% of normal, and there shall be no irrigation of landscaping and ornamentals. b. Level 2 (Significant Drought). Irrigation of fairways shall be reduced to 60% of normal, and there shall be no irrigation of roughs, landscaping and ornamentals. c. Level 3 (Critical Drought) or Level 4 (Drought Emergency). Irrigation of fairways shall be reduced to 40% of normal, and there shall be no irrigation of roughs, landscaping and ornamentals. 3. A registrant that only withdraws from surface water supplies with Multi-Year Drought Storage, as determined by the Department, may implement nonessential outdoor water use restrictions in accordance with an accepted drought management plan instead of the restrictions described in 310 CMR 36.07(2)(c)1. Such registrants shall submit a plan for acceptance within two years of their first registration renewal after January 20, 2023 and shall submit an updated plan with each renewal registration request thereafter. The Department will accept plans that establish nonessential outdoor use restrictions that are sufficiently protective of public health and safety, reservoir capacity, and any required releases, and that meet the following criteria: 3/17/23 (Effective 1/20/23) - corrected 310 CMR - 1406 a. drought stages determined by: i. actual or modeled historical reservoir levels used to trigger drought stages using a time series that includes the system drought of record; or ii. days of supply remaining based on reservoir volume and days of supply remaining at seasonal levels of demand with low inflow and precipitation; or iii. predicted reservoir drawdown and refill probabilities determined using software and/or appropriate models; or iv. a functionally equivalent method to 310 CMR 36.07(2)(c)3.a.i., ii. or iii.; b. response actions triggered at each drought stage including, but not limited to, enforceable restrictions limiting nonessential outdoor water use; c. protocols for communicating drought stages and enforceable restrictions to the public, the Department, and other state and local officials; d. a strategy for establishing local enforcement authority and penalties for violations of the restrictions; e. a system to monitor and document water use reductions; and f. details of any required reservoir release established by statute, regulation, permit or other approval issued by a state or federal agency. 4. For withdrawals described in 310 CMR 36.07(2)(c)1. and 2., restrictions at least as restrictive as those in 310 CMR 36.07(2)(c)1. and 2., respectively, shall remain in place for the declared drought level until the drought level is changed by the Secretary. 5. Nothing in the registration shall prevent the registrant from implementing nonessential outdoor water use restrictions that are more stringent than those set forth in 310 CMR 36.07(2)(c)1. through 4. 6. If the registrant holds both a registration and a permit that include seasonal restriction on nonessential outdoor water use, then the nonessential outdoor water use restrictions in the permit shall be controlling. (3) All registrants shall file the annual statement of withdrawal as specified in 310 CMR 36.11. (4) All registrants wishing to renew registration statements shall file a renewal registration request as specified in 310 CMR 36.10. (5) The Department may impose planning, recording, and reporting requirements necessary to implement the conditions described in 310 CMR 36.07(2).