---
kind: "section"
citation: "18 C.F.R. § 806.44"
title: "18"
number: "806.44"
heading: "Determination of grandfathered quantities."
url: "https://uscodex.org/cfr/18/806.44"
---

# §806.44. Determination of grandfathered quantities.

- (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)](#b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.

## Notes

### 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.