Section 4.10 - Approval of an Action to Increase the Present Rate of Interbasin Transfer Due to the Expansion of the Service Area of a Regional Water Supply SystemThe following procedure is available for a Regional Water Supply System seeking to increase its Present Rate of Interbasin Transfer of water by expanding its service area to multiple potential municipalities or public water systems. The Commission may allow such a system to file an application that allows the Commission to evaluate and approve criteria applicable to the Donor Basin separately from criteria applicable to the Receiving Area. The Regional Water Supply System must have control over the water supply sources in the Donor Basin, but may not have control over existing water supply management actions in the Receiving Area. Any request from any Receiving Area applicant, regardless of the amount, will be evaluated according to the Receiving Area criteria contained in 313 CMR 4.10.
(1)Procedures for Approval of an Increase over the Present Rate of Interbasin Transfer Due to the Expansion of the Service Area of a Regional Water Supply System. (a) The provisions of 313 CMR 4.10 shall apply only to a Regional Water Supply System, as defined in 313 CMR 4.02;(b) A Person proposing an action to increase the Present Rate of Interbasin Transfer shall complete the application and submit it to the Executive Director, Water Resources Commission, Executive Office of Energy and Environmental Affairs, 100 Cambridge Street, Suite 900, Boston, MA 02114. In addition, at least two bound copies, and an electronic copy must be submitted to WRC Staff, Department of Conservation and Recreation Office of Water Resources, 251 Causeway Street, Boston, MA 02114, and a copy must be placed at the public library(ies) of each of the affected communities;(c) The Commission shall publish notice of the receipt of an application for a proposed Interbasin Transfer in the Environmental Monitor and send a copy to the municipalities directly affected;(d) The Commission may require such additional information from the Person proposing an action to increase the Present Rate of Interbasin Transfer or any other appropriate Persons or agencies as it deems necessary to conduct this review;(e) For the Donor Basin, the Commission shall:1. within 60 days of accepting the Donor Basin application as complete, or within 60 days after MEPA Compliance if it is required, whichever is later, conduct a public hearing in the Donor Basin community; and2. within 60 days of completing said hearing shall complete its review and issue a Decision on the Donor Basin portion of the application;(f) For the Receiving Area, the Commission shall:1. within 60 days of accepting the Receiving Area application as complete, or within 60 days after MEPA Compliance if it is required, whichever is later, conduct a public hearing in the Receiving Area community; and2. within 60 days of completing said hearing shall complete its review and issue a Decision on the requested action to increase the Present Rate of Interbasin Transfer;(g) During the period prior to the Commission's Decision on the proposed Interbasin Transfer, the Person proposing an action to increase the Present Rate of Interbasin Transfer, and participating agencies which have jurisdiction by law shall make themselves available at such reasonable times and places designated by the Commission so that the Commission may consult with both the Person and Commission staff;(h) The review may be extended by written consent of the Commission and the Person proposing an action to increase the Present Rate of Interbasin Transfer for a mutually agreed upon period;(i) The Donor Basin portion of the application may be submitted to the Commission for a Decision prior to the Receiving Area portion(s) of the application. A Decision for one portion of the application does not assure that the other portion(s) of the application will be approved;(j) Following the Commission's Decision to approve the Donor Basin portion of the application, the Regional Water Supply System must provide an annual report to the Commission listing the Receiving Areas which have joined its system, by date, and the amounts of water (both average day and maximum day) that it is contractually obligated to supply to each of these Receiving Areas until the amount of water described in the approved Donor Basin portion of the application has been fully allocated;(k) Receiving Area portions of the application may be reviewed concurrently or after the Commission determines that the Donor Basin portion of the application meets the applicable criteria listed in 313 CMR 4.00. The Donor Basin applicant need not have identified all of the potential Receiving Areas of the Interbasin Transfer; (l) Receiving Area portions of the application may be submitted to the Commission separately and non-concurrently from each other;(m)Ten-year Review. 1. Ten years after the Decision to approve the Donor Basin portion of the application, if the Regional Water Supplier has not allocated all of the approved Increase over the Present Rate of Interbasin Transfer, the supplier shall file a report, with the Commission, describing any changes pertinent to Donor Basin criteria that may have occurred since the original Decision. The Commission shall provide notice in the Environmental Monitor that the report has been received. The Commission will review the report and provide a determination within six months of receipt. If, in its opinion, conditions in the donor basin have not changed materially within the ten-year period, the original approval shall continue under its existing terms; and2. If the Commission determines, based on the submitted report or any other available information, that conditions in the Donor Basin have significantly changed or that the Donor Basin criteria could no longer be met by the project as proposed, after conducting a public hearing in the Donor Basin as described in 313 CMR 4.11(1) and (2), the Commission shall revise the approval of the Donor Basin portion of the application for the unallocated portion of water, provide it in writing to the Donor Basin applicant and file the revised approval in accordance with 313 CMR 4.11(3).(n) In the event that 20 years after the Decision to approve the Donor Basin portion of the application, the Water Resources Commission has not approved the allocation of the entire amount of the water originally approved under the Donor Basin application or does not have a pending application from a Receiving Area for approval, the approval of any unallocated water, excluding the amount requested in a pending application, shall expire. Once the Commission has made a Decision(s) on any pending Receiving Area application(s), the availability of any remaining unallocated amount of the water associated with the Donor Basin application shall also expire.(2)Application for Approval of an Action to Increase over the Present Rate of Interbasin Transfer Due to the Expansion of the Service Area of a Regional Water Supply System. (a) The Donor Basin portion of the application is subject to 313 CMR 4.06, 4.09(2)(a), (b), (e), (g) l. through 4., and (h); and(b) The Receiving Area portions of the application is subject to 313 CMR 4.06, 4.09(2)(a) through (f), and (h).(3)Criteria for Evaluation of Application for Approval of an Action to Increase over the Present Rate of Interbasin Transfer Due to the Expansion of the Service Area of a Regional Water Supply System. The Commission shall determine whether the following criteria have been satisfied in making its Decision to approve or deny a proposed action to increase the Present Rate of Interbasin Transfer.(a) The Commission shall determine whether the Donor Basin portion of the application meets the criteria listed under 313 CMR 4.09(3)(a), and (e) through (g); and(b) The Commission shall determine whether the Receiving Area portion of the application meets the criteria listed under 313CMR 4.09(3)(a) through (d).Adopted by Mass Register Issue 1361, eff. 3/23/2018.