WILLIAM DONALD SCHAEFER, Governor Ch. 384

installation of utilities which meet minimum design standards
acceptable to the Department and preconstruction contours which
are to be reestablished upon installation of the utility.

(7)  If the requested waterway construction permit is
for clearing and grading activities disturbing less than 5,000
square feet of land area and disturbing less than 100 cubic
yards of earth.

(8)  If the requested appropriation or use of waters
of the State is for [a] AN AVERAGE ANNUAL quantity of WATER USE
OF LESS THAN 10,000 gallons or less per day.

(9) IF THE REQUESTED APPROPRIATION OR USE OF WATERS
OF THE STATE IS FOR AN AGRICULTURAL USE IN EFFECT PRIOR TO JULY
1, 1993.

(e) The Department shall provide periodic written notice of
applications to the Department for waterway construction permits
for which the public hearing requirement may be waived under
subsection (d) of this section to any interested person who may
request this notice.

(F) THE DEPARTMENT SHALL WAIVE NOTICE REQUIREMENTS AND THE
HOLDING OF A PUBLIC HEARING IF THE REQUESTED APPROPRIATION OR USE
OF WATERS OF THE STATE IS FOR AN AGRICULTURAL USE IN EFFECT PRIOR
TO JULY 1, 1993.

8-807.

(b) (1) In granting any permit to appropriate or use water,
or construct any reservoir, dam or waterway obstruction, the
Department may include any condition, term, or reservation
concerning the character, amount, means and manner of the
appropriation or use or method of construction necessary to
preserve proper control in the State and insure the safety and
welfare of the people of the State. The Department may determine
and specify what provisions to make, if any, in each permit
granted to construct a dam or other waterwork for passage of
fish.

(2)  ANY MEASURING AND REPORTING OF WATER USE REQUIRED
OF A PERMITTEE BY THE DEPARTMENT SHALL BE EFFECTIVE AND
REASONABLE UNDER THE CIRCUMSTANCES.

(3)  ANY REGULATIONS CONCERNING MEASURING AND
REPORTING OF AGRICULTURAL WATER USE OR DETERMINATION OF AQUIFER
OR STREAM FLOW CHARACTERISTICS PRIOR TO ISSUANCE OF A WATER
APPROPRIATION PERMIT FOR AN AGRICULTURAL WATER USE SHALL BE
ADOPTED BY THE DEPARTMENT WITH THE ADVICE AND CONSENT OF THE
SECRETARY OF AGRICULTURE.

8-810.

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