The DEP intends to adopt the draft Stream Flow Standards and Regulations and will hold a public hearing on January 21, 2010 at the DEP offices in Hartford, CT to hear comments.

The proposed Stream Flow Regulations under Sections 26-141b-1 to 26-141b-8 will apply to any owner/operator of a dam or other structure (including irrigation pumps/wells) that impounds or diverts waters of any river or stream system or that impacts the flow of water in such system.

If adopted, the DEP will classify all rivers and streams then apply presumptive standards for operations of dams and other structures (including pumping of surface water and groundwater for irrigation) that cause an impact to stream flow. Operations would need to meet the standards no later than five years after the effective date of classification. The regulation includes provisions for reclassification, getting a variance from the presumptive standards and entering into a formal Flow Management Compact with the DEP.

Diversions operated in compliance with a DEP Diversion Permit would be exempt from this regulation; however, the holy grail of golf course irrigation, Registered Diversions, would not. In addition, any new, renewed or modified diversion permit would be subject to the new regulation.

Formal Public Notice: http://www.ct.gov/dep/cwp/view.asp?A=2586&Q=448406
Draft Regulation: http://www.ct.gov/dep/lib/dep/water/watershed_management/flowstandards/p...

Rob Good, CPG, LEP
Hydrogeologist – Principal
Leggette, Brashears & Graham, Inc.
CAGCS Member 2001