9VAC25-220-110: Draft permit formulation

A. Upon receipt of a complete application, pursuant to subsection A of 9VAC25-220-70, the department shall review the application and make a tentative determination to issue the permit or deny the application. In considering whether to issue or deny a permit under this section, the department shall consider:

1. The number of persons using a stream and the object, extent and necessity of their representative withdrawal uses;

2. The nature and size of the stream;

3. The type of businesses or activities to which the various uses are related;

4. The importance and necessity of the uses claimed by permit applicants, or of the water uses of the area and the extent of any injury or detriment caused or expected to be caused to instream or offstream uses;

5. The effects on beneficial uses; and

6. Any other relevant factors.

B. If a tentative decision is to issue the permit then a draft permit shall be prepared in advance of public notice. The following tentative determinations shall be incorporated into a draft permit:

1. The level of flow that activates the permit conditions, water withdrawal limitations, and other requirements applicable to the permit;

2. Monitoring requirements;

3. Instream flow requirements; and

4. Water conservation or management requirements.

C. If the tentative decision is to deny the application, the department shall do so in accordance with 9VAC25-220-240.