N.J. Stat. § 58:1A-1
Short title
This act shall be known and may be cited as the "Water Supply Management Act."
New Jersey Statutes Title 58 — Waters and Water Supply
New Jersey · statute · N.J. Stat. tit. 58 · 1,051 active provisions
N.J. Stat. § 58:1A-2
Legislative findings and declarations
The Legislature finds and declares that the water resources of the State are public assets of the State held in trust for its citizens and are essential to the health, safety, economic welfare, recreational and aesthetic enjoyment, and general welfare, of the people of New Jersey; that ownership of these assets is in t…
N.J. Stat. § 58:1A-3
Definitions
3. As used in the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), P.L.1993, c.202 (C.58:1A-7.3 et al.) and P.L.2003, c.251 (C.58:1A-13.1 et al.): a. "Commissioner" means the Commissioner of the Department of Environmental Protection or the commissioner's designated representative; b. "Consumptive use" means any use…
N.J. Stat. § 58:1A-4
State of water emergency; emergency water supply allocation plan; powers of Governor and Commissioner; orders; review
a. Upon a finding by the commissioner that there exists or impends a water supply shortage of a dimension which endangers the public health, safety, or welfare in all or any part of the State, the Governor is authorized to proclaim by executive order a state of water emergency. The Governor may limit the applicability…
N.J. Stat. § 58:1A-5
Supply and diversion of water; rules and regulations
The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.) rules and regulations to control, conserve, and manage the water supply of the State and the diversions of that water supply to assure the citizens of the Stat…
N.J. Stat. § 58:1A-5.1
Establishment of permit system for certain diversions of water
39. Notwithstanding the provisions of subsection a. of section 5 of P.L.1981, c.262 (C.58:1A-5), or any rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection, pursuant to section 34 of P.L.2004, c.120 (C.13:20-32), shall establish a permit system to provide for review…
N.J. Stat. § 58:1A-6
Permit system; development of guidelines
6. a. The department in developing the permit system established by P.L.1981, c.262 (C.58:1A-1 et al.) shall: (1) Permit privileges previously allowed pursuant to lawful legislative or administrative action, except that the department may, after notice and public hearing, limit the exercise of these privileges to the e…
N.J. Stat. § 58:1A-7
Diversion of water, permit, renewal; criteria for critical water supply concerns
7. a. A person shall not divert more than 100,000 gallons per day of any waters of the State or construct any building or structure which may require a diversion of water unless the person obtains a diversion permit or water usage certification, as appropriate, pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6). b. E…
N.J. Stat. § 58:1A-7.1
Transport of water from Pinelands National Reserve; prohibition
The provisions of any law, rule or regulation to the contrary notwithstanding, no person shall transport, or cause to be transported, more than 10 miles outside the boundary of the Pinelands National Reserve, any ground or surface water therefrom; provided, however, that nothing in this section shall prohibit the conti…
N.J. Stat. § 58:1A-7.2
No tax, fee imposed on diversion of water; exceptions; "aquaculture" defined
2. The provisions of any law, rule or regulation to the contrary notwithstanding, no tax, fee or other charge shall be imposed on the diversion, for agricultural or horticultural purposes, including aquaculture, of any ground or surface water of this State; provided, however, that nothing in this section shall prohibit…
N.J. Stat. § 58:1A-7.3
Limitations on modification of existing diversion permit
3. Notwithstanding the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or any other law, rule or regulation to the contrary, for a period not to exceed 10 years following the effective date of P.L.1993, c.202 (C.58:1A-7.3 et al.), the authority of the department to modify the conditions of an existing diversion permit…
N.J. Stat. § 58:1A-7.4
Water Allocation Credit Transfer Program
5. a. There is established in the department the Water Allocation Credit Transfer Program. The purpose of this program is to provide for the transfer of a privilege to divert water within an area of critical water supply concern, as designated by the commissioner pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6), wi…
N.J. Stat. § 58:1A-7.5
Establishment of Water Allocation Credit Exchange; regional exchange
6. a. The governing body of a county wherein an area of critical water supply concern has been designated by the commissioner pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) may establish a Water Allocation Credit Exchange to facilitate the transfer of water allocation credits within the area of critical water sup…
N.J. Stat. § 58:1A-7.6
Report to Governor, Legislature
7. The department shall prepare a report to the Governor and the Legislature on the Water Allocation Credit Transfer Program and make recommendations therein concerning the implementation and effectiveness of the program. The report shall be transmitted to the Governor, the President of the Senate and the Speaker of th…
N.J. Stat. § 58:1A-8
Provisions of permit
8. Every permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall include provisions: a. Fixing the term of the permit; b. Fixing the maximum allowable diversion, expressed in terms of a daily, monthly or annual diversion; c. Identifying and limiting the use or uses to…
N.J. Stat. § 58:1A-9
Rates
9. The Board of Regulatory Commissioners shall fix just and reasonable rates for any public water supply system subject to its jurisdiction, as may be necessary for that system to comply with an order issued by the department or the terms and conditions of a permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.)…
N.J. Stat. § 58:1A-11
Administration fees; diversion permits; water use registration; disposition
11. a. The department shall in accordance with a fee schedule adopted by rule and regulation, establish and charge reasonable administrative fees, which fees shall be based upon, and not exceed, the estimated cost of processing, monitoring, administering and enforcing the diversion permits issued by the department purs…
N.J. Stat. § 58:1A-12
Condemnation for new or additional supply of water; approval by department
No person supplying or proposing to supply water to any other person shall have the power to condemn lands, water or water privileges for any new or additional source of ground or surface water until that person has first submitted to the department an application for approval to divert the source of the water and the…
N.J. Stat. § 58:1A-13
New Jersey Statewide Water Supply Plan
13. a. The department shall prepare and adopt the New Jersey Statewide Water Supply Plan, which plan shall be revised and updated at least once every five years. b. The plan shall include, but need not be limited to, the following: (1) An identification of existing Statewide and regional ground and surface water supply…
N.J. Stat. § 58:1A-13.1
Maintenance of State-owned lands in the Six Mile Reservoir Site and other unused lands
3. a. The department shall take actions to assure that State-owned lands identified pursuant to paragraph (6) of subsection b. of section 13 of P.L.1981, c.262 (C.58:1A-13) shall be maintained in a manner to ensure that their future use for water supply purposes is not materially impaired or increased significantly in…
N.J. Stat. § 58:1A-13.2
Existing lease, agreement unaffected concerning unused lands
4. The provisions of section 3 of P.L.2003, c.251 (C.58:1A-13.1) shall not abrogate or in any way affect the terms or conditions of any lease or other agreement that is in effect on the date of enactment between the department and any party relative to the management of land identified pursuant to paragraph (6) of subs…
N.J. Stat. § 58:1A-13.3
Preparation, adoption of revisions, updates to New Jersey Statewide Water Supply Plan
2. a. The department shall prepare and adopt appropriate revisions and updates to the current New Jersey Statewide Water Supply Plan no later than December 31, 2006 pursuant to the provisions of section 13 of P.L.1981, c.262 (C.58:1A-13). b. In its preparation of proposed revisions and updates to the current plan, the…
N.J. Stat. § 58:1A-14
Inadequate supply available to water purveyor; order for development or acquisition; certification of amount in local budget
a. When the department determines that the developed water supply available to a water purveyor is inadequate to service its users with an adequate supply of water under a variety of conditions, the department may order the water purveyor to develop or acquire, within a reasonable period of time, additional water suppl…
N.J. Stat. § 58:1A-15
Powers and duties
15. The department may: a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.); b. Administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-…
N.J. Stat. § 58:1A-15.1
Actions consistent with Pinelands, Highlands regulation
10. No action taken by the department pursuant to the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall be inconsistent with the provisions of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), the comprehensive management plan for the pinelands area adopt…
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