For each groundwater application submitted, the Department reviews the application and notifies the applicant of their “mitigation obligation.” A mitigation obligation may be met by the applicant providing mitigation in the amount (the volume of mitigation water expressed in acre-feet) and in the location (the zone of impact) specified by the Department. The amount of mitigation that must be provided is an estimate of the consumptive portion of the use proposed in the permit application. Consumptive use is calculated using average consumptive use data for different types of use (i.e. irrigation, municipal, etc.) obtained from the U.S. Geological Survey and the Department’s own information on consumptive use. The Department also takes into consideration any additional information provided or requested about the proposed use to calculate the amount of mitigation that must be provided.
Mitigation must also be provided in the location (referred to as the zone of impact) specified by the Department.
Generally, the notice of mitigation obligation is sent to each groundwater permit applicant as part of the Initial Review, the first report in our permit application process. This notice may include or be followed by requests for additional information about the proposed groundwater use, if determined necessary by the Department. The permit applicant must respond to the notice of mitigation obligation and identify the amount and proposed source of mitigation. Failure to respond to this notice could result in denial of the proposed permit application.
Each applicant has five years from the date the final order, the
last of three reports in our permit application process, is issued to
provide the required mitigation. Applicants must provide mitigation
before a new permit may be issued.
All mitigation obligations will continue as written in the approved groundwater permits and final orders regardless of the program allocation cap status. The mitigation obligation is for the life of the permit and subsequent certificate(s).