GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree that you will not copy, print, or download anything from this website for any commercial use.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell, will not license, and will not otherwise make available in exchange for anything of value, anything that you download, print, or copy from this site.

You agree that you will not copy, print, or download any portion of the regulations posted on this site exceeding a single chapter of regulations for sale, license, or other transfer to a third party, except that you may quote a reasonable portion of the regulations in the course of rendering professional advice.

If you violate this agreement, or if you access or use this website in violation of this agreement, you agree that Lawriter will suffer damages of at least $20,000.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

Subject 391-3-2 GROUNDWATER USE

Rule 391-3-2-.01 Purpose

The purpose of this Chapter is to establish procedures to be followed to obtain a permit to withdraw, obtain or utilize ground water and for the submission of information concerning the amount of ground water withdrawal, its intended use, and the proposed aquifer or aquifers of withdrawal to the Environmental Protection Division of the Department of Natural Resources (hereinafter the Division). It is also intended to outline the procedures of the Division in the granting, denial, revocation, modification and granting with conditions of permits to withdrawal ground water. These regulations also provide for the gathering of information on the geologic and hydrologic character of the rock at and below the surface of the earth, well data, ground water levels and related material. The Regulations include implementation of water conservation in conjunction with the withdrawal of ground water.

Rule 391-3-2-.02 Definitions

All terms used in this Chapter shall be interpreted in accordance with the definitions set forth in the Ground Water Use Act, (O.C.G.A. 12-5-90 et seq.), and as otherwise herein defined:

(a) "Aquifer" means a geologic formation, group of such formations, or a part of such a formation that is water bearing. An aquifer may consist of a stratum or zone of rock below the surface of the earth capable of containing and producing water as from a well. (Authority O.C.G.A. Section 12-5-92(1))
(b) "Consumptive use" means any use of water withdrawn from the ground other than "nonconsumptive use" as herein defined.
(c) "Nonconsumptive use" means the use of water withdrawn from the ground water system or aquifer in such a manner that it is returned to the ground water system or aquifer from which it was withdrawn without substantial diminution in quantity or substantial impairment in quality at or near the point from which it was withdrawn.
(d) "Farm use" means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions for water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm use shall also include the processing of perishable agricultural products and the irrigation of recreational turf except in Chatham, Effingham, Bryan, and Glynn counties where irrigation of recreational turf shall not be considered a farm use. (Authority O.C.G.A. Section 12-5-92, paragraph 5.1)
(e) "Division" means the Environmental Protection Division of the Department of Natural Resources.
(f) "Drawdown" means the extent to which the ground water level is being lowered when a well is being pumped or when the water is discharging from a flowing well, and is the difference, in feet, between the static water level and pumping level.
(g) "Geologic Information" means the information relative to the origin, history of the rock, which includes a description of the lithology, age, stratigraphic sequence, structural relationship, areal distribution and thickness of the rock at or be low the surface of the earth, and which is obtained by examination of the rock exposed at the ground surface and from well cuttings, well cores, and geophysical logging from drilled wells.
(h) "Hydrologic information" means information related to water standing or moving in porous media and includes hydraulic conductivity, transmissivity, porosity, storage coefficient, specific capacity, chemical quality of the water, potentiometric surface, water recharge of the rock at or below the surface of the earth, water levels, drawdown, and radius of influence of the cone of depression in areas of ground water withdrawal, and which is obtained by pumping tests, flowmeter, laboratory tests, water surface measurements, observation wells, and accepted mathematical formulas.
(i) "Pumping level" means the distance, in feet, from the land surface or other permanent specified datum, preferably the top of the casing to the water surface (water level) in the well when water is being pumped from the well.
(j) "Rock" means the material that forms the essential part of the earth's solid crust, and includes loose, incoherent masses, such as a bed of sand, gravel, clay or volcanic ash, as well as firm, hard, solid masses of granite, metamorphics, sandstone, limestone, and shale.
(k) "Specific conductance" means the water's capacity to convey an electric current and is related to the total concentration of the ionized substances in the water and the temperature at which the measurement is made and is generally reported as micromhos/cm or microSiemens/cm.
(l) "Static water level" means the distance, in feet, from the land surface or other permanent specified datum, preferably the top of the casing, to the water level in a well or to the pressure head (shut-in head) after the flow is shut off from a flowing well, when no water is being pumped from the well and the water level has reached equilibrium.
(m) "Water table " means the surface of an unconfined water body at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body far enough to hold standing water.
(n) "Monthly average withdrawal" means the total amount of water pumped by a water source or water system in any one month of the same year in which the "annual average withdrawal" is measured, divided by the number of days in that month. This amount is expressed in gallons per day (gpd).
(o) "Annual average withdrawal" means the total yearly amount of water pumped by a water source or water system divided by the number of days in that year. This amount is expressed in gallons per day (gpd).
(p) "Maximum day withdrawal" means the highest total amount of water pumped by a water source or water system in a 24-hour period. This amount is expressed in gallons per day (gpd).
(q) "Design pumping capacity" means the actual rate that a well pump will produce water at the time the well pump was installed. This rate will vary with the horsepower of the pump motor, total dynamic head, and size of discharge pipe.
(r) "Chemigation" means the injection of chemicals, fertilizers, fungicides, herbicides, insecticides, or nematicides into irrigation water.
(s) "Unaccounted for Water" (UAW) means the difference between the total amount of water pumped into the water system from the source(s) and the amount of metered water use by the customers of the water system expressed as a percentage of the total water pumped into the system. UAW generally includes system leakage and unmetered uses such as fire fighting, flushing, broken water mains, etc.

Rule 391-3-2-.03 Permit Required

(1) No person shall after December 1, 1974, withdraw, obtain or utilize ground water in excess of one hundred thousand (100,000) gallons per day for any purpose unless such person has first obtained a permit therefor from the Division, unless exempted by law or these Regulations. For farm use, no person shall after July 1, 1991 withdraw, obtain, or utilize ground water in excess of 100,000 gallons per day on a monthly average unless such person has obtained a permit from the Division. (Authority O.C.G.A. Section 12-5-105)
(2) Pending the issuance or denial of a permit, any person who has applied for a ground water use permit and who was withdrawing or using ground water prior to April 18, 1973 (or July 1, 1988 in the case of farm use), may continue the same use which existed prior to that date.
(3) Any combination of farm and non-farm use, or nonconsumptive ground water use, shall be considered a non-farm ground water use, unless the Director determines that the predominant use to which the water is put is farm use.

Rule 391-3-2-.04 Permit Application. Amended

(1) Any person who was withdrawing, obtaining or utilizing ground water prior to April 18, 1973 (or July 1, 1988 in the case of farm use), and who is required under Rule 391-3-2-.03 of this Chapter to obtain a permit shall submit an application for a permit to use ground water to the Division, on forms prepared and furnished, upon request, by the Division. The applicant shall furnish the Division with sufficient documented evidence as set forth in Paragraphs (5) or (6) of this Rule to evaluate the effects of the described water use upon the water resources of the area.
(2) Any person who started to withdraw, obtain, or utilize ground water after April 18,1973 (or July 1, 1988 in the case of the farm use), and who is required under the Rule 391-3-2-.03 of this Chapter to obtain a permit, shall submit an application for a permit to use ground water to the Division, on forms prepared and furnished, upon request, by the Division. The applicant shall furnish the Division with sufficient documented evidence as set forth in Paragraphs (5) or (6) of this Rule to evaluate the proposed water use upon the water resources of the area. (Authority O.C.G.A. Sec. 12-5-105)
(3) Any person intending to withdraw, obtain, or utilize ground water and who is required under the Rule 391-3-2-.03 of this Chapter to obtain a permit, shall submit an application for a permit to use ground water to the Division, on forms prepared and furnished, upon request, by the Division. No ground water shall be withdrawn, obtained, or utilized until a permit has been granted. The applicant shall furnish the Division with sufficient documented evidence as set forth in Paragraphs (5) or (6) of the Rule to evaluate the impacts of the proposed water use upon the water resources of the area.
(4) During the early stages of planning for a proposed ground water withdrawal, and in any case prior to the start of well construction, the intended user should have a conference with representatives of the Division to determine the acceptability of the proposed well or wells, the aquifer or aquifers to be utilized, the well spacing and well depth, and the amount of intended ground water use. Such conference shall be granted within thirty (30) days after request therefor. The intended user should furnish the Division with such available documented evidence as set forth in Paragraphs (5), (6), or(7) of this Rule for presentation at the conference or for later submittal, but prior to well construction. Based in part on the information furnished by the intended user and upon other considerations, a letter of concurrence may be issued by the Division setting forth such terms and conditions as the Division deems necessary. Upon completion of the construction of the well or wells and prior to any ground water use, the intended user shall submit an application for a ground water use permit to the Division pursuant to Rules 391-3-2-.05 and 391-3-2-.06 of this Chapter. The proposed water user proceeds at his own risk if he does not obtain a letter of concurrence from the Division prior to well construction.
(5) Sufficient documented evidence shall include, but not be limited to, the following (except for farm use permit applications):
(a) name and address of the applicant;
(b) the location of the existing or proposed well(s), identified by number, for which the permit is requested, marked on the best map available;
(c) the latitude and longitude, to the nearest ten (10) seconds, of the wells, obtained from the location map;
(d) the county in which the well(s) is located;
(e) the ground elevation of the well(s), if available;
(f) the amount of water withdrawn or proposed to be withdrawn or used, and a statement to indicate the extent to which such use or withdrawal is reasonably necessary to meet the needs of the applicant;
(g) any present or anticipated unreasonable adverse effects or potential unreasonable adverse effects on other water uses or users, including but not limited to, adverse effects on public or farm use;
(h) a statement specifying the beneficial use of the ground water withdrawn or to be withdrawn and whether the water use is a consumptive or non consumptive use, as herein defined;
(i) if the water use is, or proposes to be, a non consumptive use, the applicant shall state the following:
1. the treatment of the water and procedure used, or the proposed treatment of the water and the procedure to be used, to return the water to the aquifer or ground water system from which it is, or is proposed to be, withdrawn;
2. the location of the injection well or wells to be shown on the same map as the existing, or proposed, withdrawal wells;
3. the chemical, physical and bacteriological quality; and any other specified water quality analysis the Division may require, of the returned water, noting specifically any substantial impairment of the water quality from the water withdrawn;
4. the aquifer or ground water system from which the ground water is withdrawn, or intended to be withdrawn, and the amount of water to be returned to the aquifer or groundwater system; and
5. any substantial decrease in quantity as originally withdrawn from the aquifer or groundwater system.
(j) the aquifer or aquifers from which the ground water is withdrawn, or intended to be withdrawn;
(k) for existing wells, the well construction data for each well, on forms provided by the Division, including but not limited to, the following information:
1. name of driller;
2. date of drilling;
3. total well depth in feet;
4. diameter of drilled hole;
5. diameter and depth of casing, including casing material;
6. depth of grouting;
7. diameter and depth of the setting of the well screen or well screens, if used, and the material and type of screen;
8. type of permanent pump, size, horsepower, and yield;
9. static water level and pumping level; and
10. number of hours the well is pumped per day.
(6) For farm use, sufficient documented evidence shall include, but not be limited to, the following:
(a) applicant's full name;
(b) mailing address;
(c) county in which existing or proposed well is located;
(d) purpose d of withdrawal;
(e) well construction data including, but not limited to the following:
1. well depth;
2. depth of pump intake below ground surface;
3. design pumping capacity of well; and
4. depth of well casing.
(f) month and year of well pump installation;
(g) number of acres irrigated from this well and average number of inches of water applied from this well per year;
(h) whether or not chemicals, fertilizers, fungicides, herbicides, insecticides, or nematicides are injected into the irrigation water; and
(i) county map supplied by the Division (or equivalent) showing the location of the water source. (Authority O.C.G.A. Sec. 12-5-105)
(7) Any person submitting an application for a ground water use permit who is at the time of application withdrawing, obtaining, or utilizing ground water, and who is unable to furnish accurate information concerning the amounts of ground water being withdrawn or used shall be required, as the Division deems necessary, to do the following:
(a) install one or more water meters; or
(b) some other more economical means acceptable to the Division, for measuring the ground water withdrawn or used.
(8) The Division, in determining the amount of ground water withdrawn or used by an applicant, may use one or more of the following:
(a) the rated capacity of the pump or pumps;
(b) the rated capacity of the cooling system;
(c) the standards or methods employed by the United States Geological Survey indetermining such quantities; or
(d) any other acceptable method.
(9) Except for farm use, those applicants intending to withdraw, obtain or utilize groundwater from wells constructed after April 18, 1973, shall submit, in addition to the information required in paragraph (5) of this Rule, well construction details and specifications, as the Division deems necessary, including, but not limited to, the following:
(a) total depth of well, in feet;
(b) size of drilled hole;
(c) size and depth of casing and type of casing material;
(d) size and depth of the placing of the well screen or screens and the type of material, if used;
(e) depth of grouting;
(f) deep well air line of steel, iron or heavy gage copper material, with screw cap, for water level measurements; and
(g) filling, plugging and sealing procedures for any well or wells that are to beabandoned.
(10) Due to the corrosive nature of the ground water in certain areas of the State, proposed well construction specifications and casing material may require modification as the Division deems necessary to avoid any potential unreasonable adverse effects on the aquifer or ground water system, or of other water uses.
(11) In the preparation of a permit application for a new permit or modification of an existing permit which includes an increase in the permitted water use (except for a farmuse permit application) the applicant must submit to the Director for approval a water conservation plan prepared in accordance with the following guidelines. The plan must address the following items (or contain a statement why the item is not an appropriate part of the plan).
(a) System management;
1. Within the most recent 24 month period a minimum of twelve consecutive months of UAW data;
2. A description of current and planned programs to reduce UAW such as those listed below (include proposed schedules for planned activities);
(i) Leak detection and elimination;
(ii) Availability of accurate maps of the water system;
(iii) Meter maintenance, testing, replacement, calibration, etc.;
(iv) Prevention of tank overflows;
(v) Flushing programs without degradation of water quality;
(vi) Prevention of unauthorized water use--fire hydrants, fire lines etc.;
(vii) A list of unmetered service connections including publicly owned facilities, churches, etc.,
(viii) Other;
3. A list of inter-connections with other water systems and a description of any contractual agreements, type (emergency back-up, wholesale sale or purchase) and purchase amounts;
4. Any additional current or planned activities pertaining to system management that will contribute to water conservation.
(b) Treatment plant management;
1. The condition, calibration frequency, type, etc. of raw and finished water metering;
2. An analysis of in-plant water use for filter backwashing, overflows, laboratory use, etc. as a percentage of total plant production. Also, the plan must outline any ongoing or planned plant improvements (including schedules for planned improvements) and/orrevised operational procedures to reduce in-plant use;
3. A description of any recycling or reuse of filter backwash water.
(c) Rate making policies;
1. A list of non-billed service connections. Also, if available, a breakdown by number of meters or % of total production for each class of customer, e.g., residential, commercial, industrial, wholesale;
2. A copy of the water rate structure currently in use including any surcharges, demand charges, etc., which may apply to certain customers and a description of the effects of this rate structure on water conservation;
3. A description of any system policies concerning second meters for landscape irrigation and any use of sewer meters for billing;
4. A statement in response to the following questions:
(i) Is the water system self-supporting?
(ii) Are water system expenditures subsidized by non-water/sewer system revenues?
(d) A drought contingency plan submitted for approval by the Director and prepared in accordance with the following guidelines. The plan should include alternative system and resource management strategies to be implemented under drought conditions that may severely reduce the availability of the resource. The plan shall be consistent with Chapter 391-3-30 with respect to restrictions on outdoor water use. If there are conflicts between this plan and Chapter 391-3-30 with respect to restrictions on outdoor water use, Chapter 391-3-30 shall prevail. The applicant must provide the following items in the plan (or a statement as to why the item is not an appropriate part of the plan):
1. Drought conditions or events that put the drought contingency plan into effect;
(i) The applicant must develop a system for determining drought severity based on some approved indicator, e.g.:
(I) System demands;
(II) Ground water levels;
(III) Other;
2. Potable water use priorities program;
(i) The following order of potable water use priorities is generally recommended but maybe modified as needed based on local conditions:
(I) Emergency facilities for essential life support measures;
(II) Domestic and personal uses, including drinking, cooking, washing, sanitary and health related;
(III) Farm uses;
(IV) Industrial uses (including those industries on public water systems);
(V) Other uses such as lawn sprinkling, non-commercial car washing, garden watering,etc.;
(VI) Outdoor recreational uses;
3. Restrictions on lower priority uses (including enforcement procedures);
4. Rationing and/or other emergency procedures.
(e) Plumbing ordinances and/or codes;
1. Description of compliance with State Water Conservation Law which requires the use of ultra-low flow plumbing fixtures. The applicant may include copies of adopted ordinances if applicable;
2. Ordinances/codes or other special requirements pertaining to outside water use such as landscape irrigation systems, commercial car washes, etc.;
(f) Recycling--reuse; A description or accounting of any recycling or reuse of treated wastewater;
(g) A description of current and planned education programs for the promotion of water conservation.
(h) Progress report;

Five years after issuance of a new or modified Ground Water Use Permit, the permittee must submit to the Director a progress report that outlines actions and/or improvements made to conserve water and reduce water loss, e.g., leak detection/repair, meterinstallation, calibration, or replacement, summer and peak use surcharges, enforcement of ultra-low flow plumbing fixture requirements, etc. Permittees with a total permitted withdrawal less than one million gallons per day may use a simplified reporting form at supplied by the Division.

(i) Water use data;

Permittees must submit to the Director an annual water use data report that includes information on unaccounted for water for the past 12 months. The report must be submitted annually starting 12 months after new or modified permit issuance.

(j) Long range planning;

All permittees must incorporate water conservation into long term water demand and supply planning. Permittees must develop water demand projections covering a 20 year time period using a method or methods approved by the Director. The demand projects must reflect the effects (demand reduction) inherent in the implementation of new orenhanced water conservation programs.

(k) A description of any additional water conservation activities.
(12) Permitted capacities of applicant's water treatment and wastewater treatment plants, existing or planned, that will treat water and wastewater to be generated by new or increased use.
(13) Any other information deemed necessary; provided, however, any information already provided to the Director in connection with prior dealings, with the Division maybe incorporated into the application by specific and detailed reference and a statement that the information is still valid and correct.

Rule 391-3-2-.05 Division Consideration of Permit Applications, Modifications, Revocations and Denials

(1) In considering permit applications, revocations, and modifications, the Division shall consider.
(a) the number of persons using an aquifer and the object, extent, and necessity of their respective withdrawals or uses;
(b) the nature and size of aquifer;
(c) the physical and chemical nature of any impairment of the aquifer, adversely affecting its availability or fitness for other water uses (including public and farm use);
(d) the probable severity and duration of such impairment under foreseeable conditions;
(e) the injury to public health, safety or welfare which results if such impairment were not prevented or abated;
(f) the kinds of businesses or activities to which the various uses are related;
(g) the importance and necessity of the uses claimed by the 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 other water uses (including public and farm use);
(h) diversion from or reduction of flows in other water courses or aquifers;
(i) any other relevant factors, such as, but not limited to, the best geologic and hydrologic information available on the aquifer or ground water system of the area;
(j) documentation of effective water conservation. (Authority O.C.G.A. Section 12-5-91)
(2) In any case where a permit applicant can prove to the Division's satisfaction that the applicant was withdrawing or using water prior to April 18, 1973 (or July 1, 1988 in the case of the farm use), the Division shall take into consideration the extent to which prior use or withdrawal was reasonably necessary in the judgement of the Division to meet his needs, and shall grant a permit which shall meet those reasonable needs. Provide d, however, that the granting of such permit shall not have unreasonably adverse effects upon other uses in the area, including public and farm use, and including potential as well as present use. In determining whether a permit will have an unreasonable adverse effect, the Division shall consider the factors set forth in Paragraph (1) of this Rule.
(3) The Division shall also take into consideration in the granting of any permit the prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the Division within reasonable time after July 1, 1973. Provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use. In determining whether a permit will have an unreasonable adverse effect, the Division will consider the factors set forth in Paragraph (1) of this Rule.
(4) In the case of farm use, where a permit applicant can prove to the Division's satisfaction that a well pumping capacity was installed prior to July 1, 1988 the Division shall grant a permit for such capacity from this well. The application for such capacity must be received by the Division on or before July 1, 1991. (Authority O.C.G.A. Section 12-5-105)
(5) The Division shall have the power to:
(a) modify or revoke any permit when the Division deems necessary upon not less than sixty (60) days written notice to any person affected when the ground water use or withdrawal is not in compliance with the terms of the permit, or when there is found to be an unreasonable adverse effect upon the water uses or users in the area, including public and farm use, and including potential as well as present use, based upon the considerations set forth in Paragraph (1) of this Rule, except that this paragraph will not apply to farm use permits issued after initial use has commenced; or
(b) deny a permit application if the application therefor or the effect of the water use proposed or described therein upon the water resources of the area is found to be contrary to the public interest or general welfare; such a decision shall be based upon the considerations set forth in Paragraph (1) of this Rule.

Rule 391-3-2-.06 Granting of a Permit to Use Ground Water

(1) When sufficient evidence in provided by the applicant that the water withdrawn or used, or intended to be withdrawn or used, is a nonconsumptive use, as defined in Paragraph (c) of Rule 391-3-2-.02 of this Chapter, a permit therefore shall be issued by the Division without the conditions set forth in Paragraph (4) of this Rule; provided, however, that in determining whether a use of ground water is nonconsumptive, the Division may take into consideration, based on the best geologic and hydrologic information available, whether any material injury or detriment to other water users of the area by reason of the reduction of water pressure in the aquifer or system has not been adequately compensated by the permit applicant who caused or substantially contributed to such injury or detriment. Any permit issued for a nonconsumptive use does not imply consent to inject any waste or pollutant material into the ground water system.
(2) When the water withdrawn or used, or proposed to be withdrawn or used, by the permit applicant, is a consumptive use, and when there are not unreasonable adverse effects on other water uses, including public and farm use, and including potential as well as present use, based upon the consideration set forth in Rule 391-3-2-.05 of this Chapter, a permit to use ground water shall be issued by the Division containing such conditions as set forth in Paragraph (5) of this Rule as the Division deems necessary to the development and use of the water resources. The permit will become final unless a request for hearing is made within thirty (30) days from the date of service of such permit.
(3) The Division may grant any temporary permit for such period of time as the Division shall specify where conditions make such temporary permit essential, even though the action allowed by such permit may not be consistent with this Chapter. A temporary permit may be issued whenever the Division has insufficient information to evaluate the effects of a permit application as set forth in Paragraph (1) of Rule 391-3-2-.05 of this Chapter.
(4) A permit for a consumptive use may contain, but not be limited to, one or more of the following conditions:
(a) total permitted well depth in feet;
(b) the aquifer(s) or ground water system to be utilized;
(c) maximum pumping rate;
(d) pumping level (elevations below which water may not be pumped);
(e) amount of ground water to be withdrawn or used;
(f) well spacing to minimize well interference;
(g) time of withdrawal;
(h) require observation or monitoring well(s) to be installed for monitoring ground water levels and water quality.
(5) Water withdrawn under any permit shall be used only for the purposes set forth in the permit.
(6) The permit holder shall notify the Division by registered letter of any changes in the beneficial use, or if a greater amount of water is to be withdrawn. A permit may be modified by the Division at the request of the permit holder after the Division has considered the factors set forth in Paragraph (1) of Rule 391-3-2-.05 of this Chapter.
(7) Except for farm use, a permit to use ground water shall expire and be of no further effect if the purposed ground water use has not been exercised within two (2) years of the effective date of the permit, unless such period is extended for good cause by the Division.

Rule 391-3-2-.07 Duration of Permit and Renewal

(1) Except for farm use, no permit granted under Rule 391-3-2-.06 of this Chapter shall be issued for a longer period than the longest of the following:
(a) ten years; or
(b) the period found by the Division to be necessary for reasonable amortization of the applicant's withdrawal or water-using facilities.
(2) A permit may be renewed following its expiration upon compliance with the provisions for the submitting a new permit application.
(3) Permits for farm use shall carry no expiration date.
(4) Except for farm use, a permit shall not be transferred except with the approval of the Division. The Division shall transfer farm use permits upon written notification that a change in ownership has occurred.

Rule 391-3-2-.08 Submission of Ground Water Use Report

(1) Every person who has obtained a permit to use ground water (except a permit for farm use) shall file with the Division a certified statement of the quantities of water used or withdrawn, sources of water, and the nature of the use thereof. The statement shall be on forms prepared and furnished by the Division and shall be submitted to the Division semiannually, starting sixty (60) days after the effective date of the permit and every six (6) months thereafter, unless otherwise designated by the Division, and shall be submitted not later than fifteen (15) days after the reporting date. The report shall include, but not be limited to, the following:
(a) name of permit holder and permit number;
(b) beneficial use of ground water used;
(c) source of ground water, identifying the aquifer or aquifers utilized and identify the well or wells using each aquifer;
(d) quantity of water used or withdrawn monthly from each aquifer (if a well penetrates more than one aquifer, it is to be noted);
(e) average hours pumped per day;
(f) the static and pumping levels of each aquifer utilized and the date the water levels were measured; the measurements are to be made during the last month of the reporting period; and
(g) for a nonconsumptive use, the amount of water returned to the aquifer or ground water system from which the water is withdrawn.
(2) The permit holder shall have a specific conductance analysis of the ground water from the well or wells performed by a laboratory acceptable to the Division, starting sixty (60) days after the date of the permit, and annually thereafter, unless otherwise designated by the Division, and a copy of the report shall be submitted to the Division not later than fifteen (15) days after the reporting date and may accompany the Ground Water Use Report. The Division may specify which well or wells are to be tested. The Division may collect water samples from the well or wells and perform specific conductance analyses as it deems necessary. The specific conductance analysis shall be according to a method acceptable to the Division. (Authority O.C.G.A. Section 12-5-97)
(3) If any person who is required to submit a Ground Water Use Report is unable to furnish accurate information concerning the amounts of ground water being withdrawn or used (in the case of farm use "withdrawal" or "use" means design pumping capacity), or if there is evidence that a report is false or inaccurate or if a person is withdrawing or using a larger quantity or under different conditions than permitted, the Division shall take such actions as it deems necessary including, but not limited to, any one of the following: (Authority O.C.G.A. Section 12-5-105)
(a) in determining the amount of ground water being withdrawn or used:
1. require the person to install one or more water meters (except farm use);
2. require the person (including farm use) to use some other economical means acceptable to the Division for measuring the ground water used;
3. require the person to use the rated capacity of the pump or pumps;
4. require the person to use the rated capacity of the cooling system;
5. require the person to use the standards or methods employe d by the United States Geological Survey in determining such quantities;
6. any other acceptable method.
(b) require the person to withdraw or use only the amount of ground water permitted; or
(c) revoke or amend the permit.

Rule 391-3-2-.09 Dewatering Wells

(1) Any person withdrawing ground water in excess of 100,000 gallons per day for dewatering the subsurface rock to a depth of not more than thirty (30) feet, or to a greater depth if approved by the Division, for the purpose of construction of trenches for sewer or water pipes, or excavation for foundations, or utility construction shall be excluded from obtaining a permit to withdraw ground water, provided such use is for a period of not more than sixty (60) days, unless an extension of time is approved by the Division for a justifiable reason.
(2) Any person withdrawing in excess of 100,000 gallons per day for dewatering the subsurface rock for any purpose other than stated in Paragraph (1) of this Rule shall make application for a permit to withdraw, obtain or utilize ground water to the Division as required in Rule 391-3-2-.04 of this Chapter.

Rule 391-3-2-.10 Salt Water Encroachment or Deterioration of Water Quality

To protect against or abate salt water encroachment or deterioration of the water quality of the ground water, the Division shall take into consideration the best information on the geologic and hydrologic characteristics of the rocks and the ground water withdrawals of the area involved and shall require the user to take such action as it deems necessary for control of brackish or salt water intrusion into fresh water aquifers. The control measures may include, but not be limited to, the following:

(a) pumping arrangements to reduce ground water withdrawal in areas of concentrated pumping;
(b) rearrangement of the location of wells to eliminate or reduce concentrated areas of ground water withdrawals;
(c) requirement of selective withdrawal from other available fresh water aquifers than presently used;
(d) curtailment of ground water withdrawal of proposed water users in the area;
(e) selective curtailment or reduction of ground water withdrawal where it is found to be in the public interest or general welfare to protect the water resources;
(f) conjunctive use of fresh water or brackish water or salt water aquifers, or waters of less desirable quality where water quality of a specific character is not essential;
(g) use of observation or monitoring wells, drilled into fresh water aquifers between areas of ground water withdrawal and the seacoast, to detect the inward movement of salt water or to detect the deterioration of water quality;
(h) use of interceptor wells, drilled into the area of encroachment, to the intercept the brackish or salt water moving toward the center of excessive ground water withdrawal;
(i) use of relief wells, drilled into the brackish or salt water aquifer, to relieve hydraulic pressure in the aquifer causing encroachment;
(j) plugging with cement of deep wells that have penetrated brackish or salt water zones or zones of undesirable quality water, where hydraulic pressure cause leakage and contaminate fresh water aquifers of lower pressures;
(k) abandonment of wells, which are then to be filled, plugged and sealed; and
(l) Such other control or abatement techniques as are technically feasible and proven to be successful in other areas and nationally.

Rule 391-3-2-.11 Unreasonable Adverse Effects on Ground Water Withdrawal

In order to protect against or abate unreasonable adverse or potential adverse effects on other water users within the area, including but not limited to adverse effects on public and farm use, the Division shall take into consideration the best information available on the geologic and hydrologic characteristics of the rocks and ground water withdrawals of the area and shall require the user to take such actions as it deems necessary. The control measures which the Division may require the user to take may include, but not be limited to, the following:

(a) selective withdrawal from other fresh water aquifers than presently utilized;
(b) pumping arrangements to reduce ground water withdrawal in areas concentrated pumping;
(c) selective curtailment or reduction of ground water withdrawal where it is found to be in the public interest to protect the water resources; and
(d) such other control techniques as are technically feasible and proven successful in other areas and nationally.

Rule 391-3-2-.12 Geologic and Hydrologic Information

(1) The Division shall gather and obtain all necessary geologic and hydrologic information on the characteristics of the aquifer or ground water system of the State for the purpose of evaluation, control and management of the ground water resources.
(2) Any person who drills a well to obtain ground water and who is required under this Chapter to obtain a permit to use ground water shall furnish the Division at the time of application for a permit to use ground water such geologic and hydrologic information and well construction data as the Division requires.

Rule 391-3-2-.13 Test Wells

Any person drilling a well for the purpose of obtaining geologic and hydrologic information for the study of ground water availability should submit to the Division all information obtained from the testing program. Prior approval of the testing program should be obtained from the Division. Test wells drilled and not developed for ground water use and not used as observation wells, shall be plugged and sealed in compliance with Rule 391-3-2-.14, Abandoned Wells. Test wells drilled by the Division, or its authorized agent, shall be exempt from the permit requirements, but shall meet the other requirements of this Rule.

Rule 391-3-2-.14 Abandoned Wells

(1) Any existing well or wells which have been abandoned and no longer put to beneficial use and which have been deemed by the Division to have an unreasonable or potential unreasonable adverse effect on other water uses or users, or which result, or may result, in physical or chemical impairment of the aquifer or ground water system, shall be filled, plugged and sealed at the owner's expense in a manner acceptable to and approved by the Division.
(2) Whenever the Division deems an abandoned well to be an imminent danger to health, safety or welfare of the public or to the ground water quality, the well may be plugged, filled, and sealed by the Division Such action shall be taken only after notice to the owner and after a period of five days from such notice, during which period the owner may file an objection to such action. If such an objection is filed, the Division shall not permanently plug, fill and seal the well, but may install a temporary plug or seal.
(3) Upon the filing, plugging and sealing of an abandoned well or wells, the Division shall be informed by certified statement from the contractor within thirty (30) days after the sealing that the well or wells have been sealed according to the procedure approved by the Division.
(4) Observation wells used for the investigation or management of ground water by the Division or approved for this purpose shall not be considered "abandoned" so long as they are maintained for this purpose. Wells without shall be covered with a secure cap when measurements are not being made.

Rule 391-3-2-.15 Enforcement

The administration and enforcement of these Rules and Regulations shall be in accordance with the Ground Water Use Act (O.C.G.A. Section 12-5-90et seq.) and the Georgia Administration Procedure Act. Such enforcement procedures include, but are not limited to, administrative orders, court orders, injunctive relief, and civil and criminal penalties.

Rule 391-3-2-.16 Permitting Based on Regional Water Development and Conservation Plans

(1) Purpose. The purpose of Section 391-3-2-.16 is to provide minimum uniform statewide regulations for the issuance of any permit for the use of groundwater based on Regional Water Development And Conservation Plans. As authorized by O.C.G.A. §§ 12-5-31 and 12-5-96, in a manner consistent with O.C.G.A. §§ 12-5-520, et seq., and as provided in the Comprehensive State-wide Water Management Plan, Regional Water Development And Conservation Plans shall promote the sustainable use of Georgia's waters through the selection of an array of management practices, to support the State's economy, to protect public health and natural systems, and to enhance the quality of life for all citizens.
(2) Policy. As provided in the Comprehensive State-wide Water Management Plan, the characteristics of water resources and water users vary significantly in differing regions across Georgia. Protecting the ability of the State's water resources to meet needs for water supply and assimilation of waterborne contaminants requires regional, resource-based plans that identify the management practices appropriate to the resources and users in each region.
(3) Definitions. All terms used in this Section shall be interpreted in accordance with the definitions as set forth in this Paragraph, or in any other Paragraph of this Section:
(a) "Comprehensive State-wide Water Management Plan" is the plan provided for by O.C.G.A. §§ 12-5-520et seq. whose purpose is to help guide the stewardship of Georgia's water resources to ensure that those resources continue to support the State's economy while maintaining healthy natural systems. The Comprehensive State-wide Water Management Plan mandates preparation of regional Water Development and Conservation Plans;
(b) "Instream uses" means all those human and ecological uses of water which occur within the banks of rivers and streams, including, without limitation, waste assimilation, hydropower production, recreation, maintenance of aquatic habitats, and support of biological integrity;
(c) "Offstream uses" means the purposes for which water is withdrawn from streams, rivers, lakes, or aquifers;
(d) "Water Development and Conservation Plan," as provided in O.C.G.A. §§ 12-5-31(h) and 12-5-96(e), means a regional resource-based plan, developed in accordance with O.C.G.A. §§ 12-5-520et seq., that promotes the efficient use of water resources, promotes the conservation and reuse of water, guards against a shortage of water, and is consistent with the public welfare of the state, or an addendum to any statutorily required water management plan(s) prepared to satisfy the purposes of this rule and the Comprehensive State-wide Water Management Plan. Such plans include water development, conservation, and sustainable use and are based upon detailed scientific analysis of water sources, the projected future condition of the resources, current demand, and estimated future demands on the resources. Furthermore, as provided in the Comprehensive State-wide Water Management Plan, such plans identify the water management practices to be employed in each Water Planning Region to ensure that current and future needs for water supply and assimilative capacity are met within the capacity of the water resources;
(e) "Water Planning Region" is a defined area that includes one or more water quantity and/or quality resources;
(f) "Water resource" is a body of surface water or groundwater that is available or potentially available for offstream and/or instream use, including, without limitation, agricultural, industrial, residential, recreational, or environmental activities, among others. Water resources may include freshwater bodies, brackish waters, and ocean water;
(4) Use by Division of adopted Regional Water Development and Conservation Plans.
(a) As provided in O.C.G.A. §§ 12-5-31, 12-5-96, and 12-5-522, the Director shall ensure that the issuance of any permit for the use of water is based upon the Comprehensive State-wide Water Management Plan and all applicable Water Development and Conservation Plans. Additionally, any political subdivision or local water authority not in compliance with the Comprehensive State-wide Water Management Plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.