§ 15-1504. Water withdrawals for agricultural purposes.

1. Applicability.

a. This section applies to withdrawals of water for agricultural
purposes that have been registered with the department pursuant to the
requirements of title sixteen of this article or reported to the
department pursuant to the requirements of title thirty-three of this
article on or before February fifteenth, two thousand twelve.

b. All persons making a withdrawal of water for agricultural purposes
shall annually register or report the withdrawal to the department under
the provisions of this section by March thirty-first of each year.

2. When used in this section:

a. "Great Lakes basin" shall mean the watershed of the Great Lakes and
the St. Lawrence River, upstream from Trois-Rivieres, Quebec, consisting
in New York state of the Lake Erie-Niagara River, Lake Ontario minor
tributaries, Genesee River, Seneca-Oneida-Oswego River, Black River, St.
Lawrence River and Lake Champlain drainage basins.

b. "Great Lakes water" shall mean the water contained in the
watershed, including the lakes and rivers, of the Great Lakes basin.

3. Registration of water withdrawals in the Great Lakes basin.

a. All persons withdrawing Great Lakes water for agricultural purposes
in excess of an average of one hundred thousand gallons per day in any
consecutive thirty-day period shall annually register such withdrawal
with the department.

b. Each registration shall be on a form and contain such information
as may be prescribed by the department and consist of a statement of and
supporting documentation which shall include but not be limited to the
following:

(1) The place and source of the proposed or existing withdrawal;

(2) The location of any discharge or return flow;

(3) The location and nature of the proposed or existing water use;

(4) The actual or estimated average annual and monthly volumes and
rates of withdrawal; and

(5) The actual or estimated average annual and monthly volumes and
rates of water loss from the withdrawal.

c. In calculating the total amount of an existing or proposed
withdrawal for the purpose of determining the applicability of this
subdivision, a person shall combine all separate withdrawals which the
person makes or proposes to make, whether or not such withdrawals are
for a single agricultural purpose or are for related but separate
agricultural purposes.

d. Registrations shall be valid for a period of one year.

e. A registration may be transferred by submitting a notice of
transfer to the department prior to the date of a transfer or change of
ownership of a water withdrawal system associated with a registered
withdrawal.

f. The department may cooperate with state soil and water conservation
districts for the preparation and distribution of informational
materials to persons who withdraw water for agricultural purposes,
regarding the purposes, benefits and requirements of this section, and
which may also provide information on complying with the registration
program and on any general or applicable methods for calculating or
estimating water withdrawals or water loss.

4. Water withdrawal reporting.

a. Any person who withdraws water for agricultural purposes in excess
of an average of one hundred thousand gallons per day in any consecutive
thirty-day period shall annually report to the department. The report
shall be made on a form and contain such information as may be
prescribed by the department and shall be based on the water withdrawals
for the previous calendar year, and shall include but not be limited to:

(1) the water source, the location of the water source and the source
capacity if known;

(2) the amount of water withdrawn for the reporting period, including
the average or peak withdrawals for intervals specified by the
department;

(3) a description of the use of the water withdrawn; and

(4) estimated amounts of water to be returned, if any, the locations
of such returns and the method of such returns.

b. The following water withdrawals are exempt from the reporting
requirements of this subdivision:

(1) a withdrawal registered with the department under subdivision
three of this section;

(2) a withdrawal permitted pursuant to section 15-1501 of this title;

(3) a withdrawal reported to the department under any program that
requires the reporting of substantially similar data, including
withdrawals regulated by the Susquehanna River Basin Commission and the
Delaware River Basin Commission;

(4) a withdrawal permitted under section 15-1527 of this title;

(5) closed loop, standing column, or similar non-extractive geothermal
heat pumps; and

(6) reclaimed wastewater withdrawn for reuse.

5. Withdrawals of water for agricultural purposes registered or
reported to the department under the requirements of this section shall
be deemed to be in compliance with the requirements of title sixteen and
title thirty-three of this article, as applicable.