Without obtaining a permit from the commission, county and rural community
fire departments and other emergency service providers may divert and use
state water from streams and reservoirs, including exempt domestic and livestock
reservoirs for fire and emergency purposes. Emergency purposes under this
rule include use of water to fight fires, manage chemical spills, and as needed
to deal with emergency public welfare concerns. Emergency purposes does not
include domestic, livestock or other purposes defined by §297.1 of this
title (relating to Definitions). Rural emergency service providers (entities)
may also establish "Dry Hydrant" installations in streams and reservoirs,
including exempt reservoirs. Dry hydrant installations shall be exempt from
permitting requirements provided that:
(1) Hydrant locations are identified and documented by the
installing entities and the entities file these identification codes and location
descriptions with the executive director within 120 days after completion
of an installation;
(2) Facilities installed before the adoption of this rule
are documented within six months after the rule is adopted;
(3) Ingress and egress authorizations are obtained from
private property owners and/or public entities on whose property the installations
are located;
(4) Installations conform to design and installation requirements
and guidelines recommended by the USDA, Natural Resources Conservation Service;
and
(5) Diversions from dry hydrant installations are reported
to the executive director by the using entities within 60 days of use. Pump
testing of facilities is not required to be reported.
(A) Local offices of the USDA, Natural Resources Conservation
Service can provide technical assistance and recommendations for installation
of dry hydrant facilities.
(B) Hydrant facilities which do not meet the above minimum
requirements must be authorized by Water Code, §11.121 permits granted
by the commission.
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