(A) To encourage the development of innovative water use practices and technologies that ensure sustainable water use for industrial, commercial, residential, agricultural, or public purposes, including recreational and cultural resources, as a means to facilitate sustainable economic growth and job creation, the chief of the division of water resources, with the approval of the director of natural resources, may issue experimental use permits. An experimental use permit may be issued in lieu of a withdrawal and consumptive use permit as determined appropriate by the chief.
(B) An experimental use permit may be issued if all of the following apply:
(1) The experimental use is reasonable based on a consideration of the factors specified in Section 4.11.5 of the compact.
(2) The experimental use will use no more water than is necessary to determine the effectiveness and economic feasibility of the experimental use.
(3) The experimental use does not reduce the protection afforded the waters and water dependent natural resources of the source watershed as defined in the compact below what is provided in this chapter and rules adopted under it.
(C) The chief may refuse to issue an experimental use permit if the chief determines that the proposed use will result in significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of the great lakes basin considered as a whole or the Lake Erie source watershed considered as a whole.
(D) The chief shall issue or deny a permit under this section through issuance of an order.
(E) The chief shall establish the terms and conditions of an experimental use permit and may suspend such a permit, at any time, if the chief finds that its terms or conditions are being violated or that its terms and conditions are inadequate to avoid significant individual or cumulative adverse impacts on the quantity or quality of the waters and water dependent natural resources of the great lakes basin considered as a whole or the Lake Erie source watershed considered as a whole.
(F) An experimental use permit issued under this section shall expire not later than twenty-four months after the date of issuance of the permit.
Amended by 131st General Assembly File No. TBD, HB 64, §101.01, eff. 1/1/2016.
Added by 129th General AssemblyFile No.108, HB 473, §1, eff. 9/4/2012.
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