b. Fixing the maximum allowable diversion, expressed in terms of a daily , monthly or annual diversion;
c. Identifying and limiting the use or uses to which the water may be put;
d. Requiring the diverter to meter the water being diverted and report the amount
and quality of the water being diverted;
e. Allowing the department to enter the diverter's facilities or property to inspect
and monitor the diversion;
f. Requiring that all water diverted for a nonconsumptive use be returned to a reasonably
proximate body of water designated by the department;
g. Allowing the transfer of a permit with the consent of the department, but only
for the identical use of the waters by the transferee;
h. Governing the operations and maintenance of the specific facilities, equipment
or premises not otherwise established in regulations because of the unique nature
of the facilities, equipment or premises;
i. Permitting the department to modify, suspend or terminate the permit, after notice
and public hearing, for violations of its conditions, P.L.1981, c. 262 (C.58:1A-1 et al.), P.L.1993, c. 202 (C.58:1A-7.3 et al.), regulations adopted or orders issued by the department, and when deemed necessary
for the public interest;
j. Permitting the department to modify the conditions of a diversion permit issued
or water usage certification approved pursuant to section 6 of P.L.1981, c. 262 (C.58:1A-6) in a designated area of critical water supply concern in order to (1) limit or reduce
the quantity of water which lawfully may be diverted to the safe or dependable yield
of the resource; (2) transfer the point of diversion; or (3) require a permittee
to utilize alternate sources of water, upon a determination that the existing diversion
or continued use of the same source in excess of the safe or dependable yield, as
the case may be, adversely impacts or threatens to adversely impact the water resources
of the State;
k. Allowing the transfer of water allocation to a different point of diversion within
a designated area of critical water supply concern with the approval of the department.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.