[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Proposed Rules]
[Pages 55711-55712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19290]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / 
Proposed Rules  

[[Page 55711]]



SUSQUEHANNA RIVER BASIN COMMISSION

18 CFR Parts 806 and 808


Review and Approval of Projects

AGENCY: Susquehanna River Basin Commission (SRBC).

ACTION: Notice of proposed rulemaking and public hearing.

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SUMMARY: This document contains proposed rules that would amend project 
review regulations to clarify the definition of ``agricultural water 
use'' and to provide a qualified exception to the consumptive use 
approval requirements for agricultural water use projects. In addition, 
this proposed rule would make a technical correction to an error in the 
``Authority'' citation for Part 808.

DATES: The Commission has scheduled a public hearing on the proposed 
rules on Wednesday, November 7, 2007, at 2 p.m. Comments on these 
proposed rules may be submitted to the SRBC on or before November 15, 
2007.
    The location of the public hearing is listed in the addresses 
section of this document. Additionally, individuals wishing to testify 
are asked to notify the Commission in advance, if possible, at the 
regular or electronic addresses given below.

ADDRESSES: Comments may be mailed to: Mr. Richard A. Cairo, Susquehanna 
River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-
2391, or by e-mail to [email protected].
    The public hearing will be held in the Goddard Conference Room, 
Pennsylvania Department of Environmental Protection, Northcentral 
Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 
17701.
    Those wishing to testify are asked to notify the Commission in 
advance, if possible, at the regular or electronic addresses given 
below

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, 
717-238-0423; fax: 717-238-2436; e-mail: [email protected]. Also, for 
further information on the proposed rulemaking, visit the Commission's 
Web site at http://www.srbc.net.

SUPPLEMENTARY INFORMATION:

Background and Purpose of Amendments

    The SRBC adopted final rulemaking on December 5, 2006, published at 
71 FR 78570, December 29, 2006 establishing: (1) The scope and 
procedures for review and approval of projects under Section 3.10 of 
the Susquehanna River Basin Compact, Pub. L. 91-575; 83 Stat. 1509 et 
seq. (the compact); (2) special standards under Section 3.4(2) of the 
compact governing water withdrawals, consumptive use of water; 
diversions of the basin's waters, water conservation, and water use 
registration; and (3) procedures for hearings and enforcement actions.
    The December 2006 rulemaking made extensive revisions to project 
review regulations that were promulgated in May 1995. Since 1995, SRBC 
has continued to suspend the application of its consumptive use 
regulation to agricultural water uses pending the implementation of a 
mitigation method that is more suited to agriculture's unique 
circumstances.
    The Commission's member states have taken definitive steps to 
support projects that will provide storage and release of water to 
mitigate agricultural water use in their jurisdictions and thus satisfy 
the standards for consumptive use mitigation set forth in 18 CFR 
806.22. The proposed rulemaking would amend 18 CFR 806.4(a)(1) to 
provide an exception for agricultural water use projects from the 
consumptive use review and approval requirements of 18 CFR 806.4(a)(1) 
and (3), unless water is diverted for use beyond lands that are at 
least partially in the basin, and provided the Commission makes a 
determination that the state-sponsored projects are sufficient to meet 
the consumptive use mitigation standards contained in 18 CFR 806.22.
    A second amendment clarifies the definition of ``agricultural water 
use'' in 18 CFR 806.3, 806.4 and 806.6 by inserting the word 
``products'' after the word ``turf.'' This will clarify that the 
maintenance of turf grass as part of a project or facility, such as a 
golf course, does not constitute an agricultural water use. Only the 
raising of turf products for sale such as sod would constitute an 
agricultural water use with this clarification.
    A third amendment corrects an error made as part of the December 5, 
2006 rulemaking in the ``Authority'' citation to Part 808 by replacing 
the erroneous Sec. 3.5(9) with the correct Sec. 3.4(9).

List of Subjects in 18 CFR Part 806

    Administrative practice and procedure, Water resources.

    For the reasons set forth in the preamble, the Susquehanna River 
Basin Commission proposes to amend 18 CFR parts 806 and 808 and as 
follows:

PART 806--REVIEW AND APPROVAL OF PROJECTS

    1. The authority citation for part 806 continues to read as 
follows:

    Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.

    2. In Sec.  806.3, revise the definition of ``agricultural water 
use'' to read as follows:


Sec.  806.3  Definitions.

* * * * *
    Agricultural water use. A water use associated primarily with the 
raising of food, fiber or forage crops, trees, flowers, shrubs, turf 
products, livestock and poultry. The term shall include aquaculture.
* * * * *
    3. In Sec.  806.4, revise paragraphs (a)(1) introductory text, 
(a)(3) introductory text and (b)(3) to read as follows:


Sec.  806.4  Projects requiring review and approval.

    (a) * * *
    (1) Consumptive use of water. Any consumptive use project described 
below shall require an application to be submitted in accordance with 
Sec.  806.13, and shall be subject to the standards set forth in Sec.  
806.22, and, to the extent that it involves a withdrawal from 
groundwater or surface water, shall also be subject to the standards 
set forth in Sec.  806.23. Except to the extent that they involve the 
diversion of the waters of the basin, public water supplies shall be 
exempt from the requirements of this section regarding consumptive use; 
provided, however, that nothing in this section shall be construed to 
exempt individual consumptive users connected to any such public water 
supply from the requirements of this section. Provided the commission

[[Page 55712]]

determines that low flow augmentation projects sponsored by the 
commission's member states provide sufficient mitigation for 
agricultural water use to meet the standards set forth in Sec.  806.22, 
and except as otherwise provided below, agricultural water use projects 
shall not be subject to the requirements of this paragraph (a)(1). 
Notwithstanding the foregoing, an agricultural water use project 
involving a diversion of the waters of the basin shall be subject to 
such requirements unless the property, or contiguous parcels of 
property, upon which the agricultural water use project occurs is 
located at least partially within the basin.
* * * * *
    (3) Diversions. Except with respect to agricultural water use 
projects not subject to the requirements of paragraph (a)(1), the 
projects described below shall require an application to be submitted 
in accordance with Sec.  806.13, and shall be subject to the standards 
set forth in Sec.  806.24. The project sponsors of out-of-basin 
diversions shall also comply with all applicable requirements of this 
part relating to consumptive uses and withdrawals.
* * * * *
    (b) * * *
    (3) Transfer of land used primarily for the raising of food, fiber 
or forage crops, trees, flowers, shrubs, turf products, livestock, or 
poultry, or for aquaculture, to the extent that, and for so long as, 
the project's water use continues to be for such agricultural water use 
purposes.
* * * * *
    3. In Sec.  806.6, revise paragraph (b)(3) to read as follows:


Sec.  806.6  Transfers of approval.

* * * * *
    (b) * * *
    (3) A project involving the transfer of land used primarily for the 
raising of food, fiber or forage crops, trees, flowers, shrubs, turf 
products, livestock or poultry, or for aquaculture, to the extent that, 
and for so long as, the project's water use continues to be for such 
agricultural water use purposes.
* * * * *

PART 808--HEARINGS AND ENFORCEMENT ACTIONS

    5. Revise the authority citation for part 808 to read as follows:

    Authority: Secs. 3.4 (9), 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 
91-575, 84 Stat. 1509 et seq.

    Dated: September 21, 2007.
Paul O. Swartz,
Executive Director.
 [FR Doc. E7-19290 Filed 9-28-07; 8:45 am]
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