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2007 Laws of Maryland
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Ch. 365
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(i) 1. THE USE IS NOT FOR A PUBLIC WATER SYSTEM
THAT:
A. SERVES AT LEAST 15 SERVICE CONNECTIONS
USED BY YEAR-ROUND RESIDENTS OF THE AREA SERVED BY THE SYSTEM; OR
B. REGULARLY SERVES AT LEAST 25 YEAR-ROUND
RESIDENTS; OR
2. THE USE WILL NOT OCCUR WITHIN A WATER
MANAGEMENT STRATEGY AREA ESTABLISHED BY THE DEPARTMENT; AND
(II) THE USER FILES A NOTICE OF EXEMPTION WITH THE
DEPARTMENT AT LEAST 30 DAYS BEFORE THE USE IS PROPOSED TO BEGIN.
(c) (1) The Department shall issue a permit to a person using water prior
to July 1, 1988 for agricultural purposes upon written application to the Department.
(2) A person using less than an annual average of 10,000 gallons of
water per day for agricultural purposes may apply for a permit to appropriate or use
waters of the State.
(d) When the Department determines that a water supply emergency exists
and available water supplies are inadequate in an area to meet the needs of all
persons who have permits under this subtitle, the following uses shall have priority for
appropriation or use of water in the order listed:
(1) Domestic and municipal uses for sanitation, drinking water, and
public health and safety;
(2) Agricultural uses, including the processing of agricultural
products; and
(3) All other uses.
(e) Notwithstanding any other provision of this subtitle, an application for a
certificate of public convenience and necessity associated with power plant
construction which involves use or diversion of waters of the State made to the Public
Service Commission under the Public Utility Companies Article constitutes an
application for the permit required by this section, and the provisions of § 3-306 of the
Natural Resources Article apply. If an application is made to the Public Service
Commission, the hearing provided for by this subtitle is not required. All evidence
relevant to the purposes of this subtitle shall be presented at the hearing held by the
Public Service Commission, as required by § 7-207 of the Public Utility Companies
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- 2300 -
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