Approach to Interim Safe Yield Determinations
for Water Management Act Permits

In accordance with MassDEP's Statement of Clarification of Safe Yield, dated November 3, 2009, MassDEP has met with a working group of the Water Management Act (WMA) Advisory Committee to identify options for moving forward with permits in the interim period. The working group discussed options and recommendations for making Interim Safe Yield Determinations.

An approach was identified by MassDEP, discussed by the working group, and presented to the Water Management Act Advisory Committee. This working approach, which shall be used while the Long Term Safe Yield is being determined, is described as follows:

Interim Safe Yield shall be the Existing Allocation for a Basin plus no more than one percent (1%) of the difference between volumes identified by MassDEP as Net Drought Baseflow + Firm Yield and Existing Allocation.

ISY = EA + .01((NDB+FY) - EA)

Existing Allocations for basins shall remain those allocations in place through registration or permit, as determined by MassDEP in December 2009. The Interim Safe Yield shall apply to Water Management Act permit decisions, including permit renewals, but not one year interim permits, that are due during the time period in which MassDEP meets with its Working Group to receive recommendations on establishing a Long-Term Safe Yield Methodology (by November 3, 2010). Upon completion of the Long Term Safe yield, MassDEP will consult with the Water Management Act Advisory Committee on adopting the Long Term Safe Yield, including its use prior to formal promulgation by regulation.

As indicated in the MassDEP Clarification of Safe Yield, the Department intends to develop the Long-Term Safe Yield Methodology and use best efforts to complete final Safe Yields determinations by November 3, 2010. If MassDEP, despite best efforts, cannot establish a Long- Term Safe Yield by November 3, 2010, MassDEP will meet with the Water Management Act Advisory Committee to reassess the Interim Safe Yield, including consideration of appropriate changes resulting from the work of the Long Term Safe Yield Work Group, for potential use pending completion of the Long Term Methodology. Any changes to the ISY will be determined by MassDEP by December 31, 2010.

For any permit applicants requesting new withdrawals that would result in basin-wide withdrawals greater than the Interim Safe Yield MassDEP will base its permit decision on a Long Term Safe Yield determination.

Permits issued under the Interim Safe Yield Methodology will include language making clear that the new Long-Term Safe Yield Methodology will be applicable to permits issued during the interim period, no later than the next five year review period for each permit. Access to volumes allocated beyond those allocated during the first five year period, is contingent on the Department completing a 5 Year Review that incorporates the Long-Term Safe Yield Methodology. Permits issued under the Interim Safe Yield Methodology shall include conservation standards consistent with the Water Conservations Standards approved by the Water Resources Commission in July 2006, including performance standards on residential gallons per capita day usage, unaccounted-for water losses, and restrictions on nonessential uses. Permitting decisions will be based on the best available science.

The Interim Safe Yield methodology will not apply to the Ipswich River Basin permits. MassDEP will re-determine Safe Yield for that basin on or before August 31, 2010.

This Interim Safe Yield Methodology is temporary and shall be effective only until MassDEP develops a Long-Term Safe Yield Methodology and completes final Safe Yield determinations in accordance with the schedule established by MassDEP's Statement of Clarification of Safe Yield. MassDEP does not consider the Interim Safe Yield Methodology to limit or in any way bind its development of the Long-Term Safe Yield Methodology.