---
kind: "section"
citation: "18 C.F.R. § 806.6"
title: "18"
number: "806.6"
heading: "Transfer of approvals."
url: "https://uscodex.org/cfr/18/806.6"
---

# §806.6. Transfer of approvals.

- (a) An existing Commission approval may be transferred to a new project sponsor by the Executive Director provided:
  - (1) The application for transfer is submitted within 90 days of a transfer or change in ownership of a project.
  - (2) The new project sponsor operates the project subject to the same terms and conditions of the existing approval pending approval of the transfer application.
  - (3) Any noncompliance by the existing project sponsor associated with the project or by the new project sponsor associated with other projects is resolved to the Commission's satisfaction.
  - (4) If the existing approval is greater than 10 years old, the transfer shall be conditioned to require the submission of an updated metering and monitoring plan consistent with the requirements of [§ 806.30](/cfr/18/806.30.md).
  - (5) If the existing project has an unapproved withdrawal, consumptive use and/or diversion listed in [paragraph (b)](#b) of this section, the transfer shall be conditioned to require the submission of a new application for review and approval of the unapproved withdrawal, consumptive use and/or diversion consistent with §§ [806.4](/cfr/18/806.4.md) and [806.14](/cfr/18/806.14.md) and [paragraph (d)](#d) of this section.
  - (6) Any modifications proposed by the new project sponsor shall be subject to a separate application and review process under §§ [806.14](/cfr/18/806.14.md) and [806.18](/cfr/18/806.18.md).
- (b) Previously unapproved activities associated with a project subject to transfer under [paragraph (a)](#a) of this section include:
  - (1) The project has an associated pre-compact consumptive water use that has not had mitigation approved by the Commission.
  - (2) **The project has an associated diversion that was initiated prior to January 23, 1971.**
  - (3) **Projects registered under subpart E of this part.**
- (c) Upon undergoing a change of name that does not affect ownership or control of the project, the project sponsor must request a reissuance of the project's approval by the Executive Director within 90 days from the date of the change.
- (d) Any unapproved activities associated with a transferred project shall be subject to the following:
  - (1) The transfer approval shall be conditioned to include monitoring requirements under [§ 806.30](/cfr/18/806.30.md) for all previously unapproved sources and activities.
  - (2) The transfer approval may include any other conditions consistent with this part deemed necessary by the Executive Director.
  - (3) The approved transfer will act as the unapproved activity's temporary approval for a period of five years, at which point, the project sponsor shall submit an application for review and approval consistent with subpart B of this part.
  - (4) The Executive Director may require hydrogeologic evaluation under [§ 806.12](/cfr/18/806.12.md) and/or formal review and approval of any of the previously unapproved sources sooner if those sources show a substantial likelihood of environmental harm, interference with other water users or water availability issues.

## Notes

### Amendments

[80 FR 76857, Dec. 11, 2015, as amended at 86 FR 52967, Sept. 24, 2021]

### 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.

### Amendments

[80 FR 76857, Dec. 11, 2015, as amended at 86 FR 52967, Sept. 24, 2021]