§806.44. Determination of grandfathered quantities.
18 C.F.R. § 806.44
For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
In making a determination, the following factors should be considered—
The withdrawal and use data and the peak consecutive 30-day average shown by the data;
The reliability and accuracy of the data and/or the meters or measuring devices;
Determination of reasonable and genuine usage of the project, including any anomalies in the usage;
Whether the grandfathered amount includes an operational margin of safety; and
Other relevant factors.
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.
Notes, amendments, and revision history
Source
Source: 82 FR 29394, June 29, 2017, unless otherwise noted.
Authority
Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10, and 15.2, Pub. L. 91-575, 84 Stat. 1509, et seq.
Source
Source: 71 FR 78579, Dec. 29, 2006, unless otherwise noted.