Water Allocation Branch
The primary function of the Branch is permitting major water withdrawals - those greater than 50,000 gallons per day. This includes any surface water or ground water source.
An important element of the program is the collection, storage, analysis, and dissemination of water use data for the more than 500 public, industrial, and irrigation systems located throughout the state. This information is essential for resource mangement and various agencies' planning programs. During drought the program is especially important for controlling scarce water supplies and managing industrial consumption and public water demand.
Other activities conducted under this Branch include long-term water supply planning, water conservation efforts, and coordination with affilated organizations. The following contains additional information and links to related program materials.
Water withdrawals are permitted under the Regulations Governing the Allocation of Water, March, 1987. The regulations spell out application procedures, permit contents, obligations of the permit holder, and water management policies. An application can be obtained at Instructions and Application Form for a Water Allocation Permit. The permit fees can be viewed at Application & License Fees. Also, if a new irrigation pond is proposed a permit is required and can be obtained with an Application for Permit to Construct a Water Impoundment.
If a withdrawal is in the jurisdiction of the Delaware River Basin Commission (DRBC) and will withdrawal more than 100,000 gallons per day, a separate approval from the DRBC is also required. If you are uncertain about whether your project is under DRBC jurisdiction, please refer to the State Basin Map to locate your project. The Branch will supply the necessary application forms for DRBC projects.
As long as adequate supply is available for the proposed demand, and no harmful effect is anticipated, a water allocation will be granted. This permit precludes a future allocation to another user if it would cause a harmful diversion of water from the permit holder. Likewise, all permit holders who effect another person's supply are obligated to restore that supply. Similarly, if the allocation leads to resource damage, the permit can be modified or recinded as necessary. An example would be salt-water intrusion into the aquifer caused by pumping.
A decision on an alledged supply interference or the resolution of other allocation disputes will be determined by DNREC via a hearing process. Such decisions is not final, but may be presented to the Environmental Appeals Board.
All uses of water have equal standing for allocation purposes, as long as the water is used beneficially - that is not wasted. In only two cases can an authorized water use be re-allocated. One is if the allocation is not being used. (This does not apply to seasonal irrigation usage). The other instance is during a drought emergency when supplies can be re-allocated to protect the public.
As long as the terms of the permit and the allocation remain unchanged, a permit may be transferred to a different owner by applying with a Transfer of a Water Allocation Permit form.
Permit holders are required to record and report water usage each year. Public, Industrial, and Commercial users report monthly production for each water facility (well or intake) and a system summary of total monthly production for all facilities. Other information such as for water transfers and leak-losses are also required to be reported. The reporting forms can be obtained at Water Use Report for Individual Facility and System Summary Report. Reports for agricultural irrigation are required using the Delaware Irrigation Water-Use Record, covering the period from March through November. This provides only a brief review of the Water Allocation Program.
We welcome any questions or requests for information. We will be glad to help you!
"We pride ourselves in working closely with all
project owners in our common interest of protecting Delaware's precious
water supplies."
Branch Environmental Scientist: Patricia Murray
Email: Patricia.Murray@state.de.us
Phone: (302) 739-9945
Section Manager: Stewart Lovell, P.G.
Email: Stewart.Lovell@state.de.us
Phone (302) 739-9945
Branch Hydrologist: William Cocke, P.G.
Email: William.Cocke@state.de.us
Phone: (302) 739-9945
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