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Secs. 3.4, 3.5 (5), 3.8, 3.10, and 15.2, Pub. L. 91-575, 84 Stat. 1509, et seq.
71 FR 78579, Dec. 29, 2006, unless otherwise noted.
82 FR 29394, June 29, 2017, unless otherwise noted.
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(a) For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
(b) In making a determination, the following factors should be considered:
(1) The withdrawal and use data and the peak consecutive 30-day average shown by the data;
(2) The reliability and accuracy of the data and/or the meters or measuring devices;
(3) Determination of reasonable and genuine usage of the project, including any anomalies in the usage;
(4) Whether the grandfathered amount includes an operational margin of safety; and
(5) Other relevant factors.
(c) The Executive Director, in lieu of a determination under paragraph (b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.