Nonconsumptive Use Statements

(1) Any volume of water approved by the Department to be withdrawn for a nonconsumptive use shall not be counted in the volume of water withdrawn for purposes of calculating whether a withdrawal exceeds the threshold volume. (2) Any person claiming a nonconsumptive use for all or part of a withdrawal over the threshold volume shall file a request for approval of the nonconsumptive use consistent with guidelines established by the Department. (3) Any person asserting that the use of a volume of water is nonconsumptive must demonstrate to the satisfaction of the Department that the volume of water meets the definition of nonconsumptive use in 310 CMR 36.03, and that no other registered or permitted withdrawals are substantially affected. (4) No volume of water withdrawn for nonconsumptive use shall require a permit unless the Department determines that such a permit is required to protect other registered or permitted withdrawals.