MassDEP suspends the safe yield interpretation and determinations that were announced in October 2009. MassDEP clarifies and explains that its interpretation of the term safe yield under the Water Management Act includes environmental protection factors, including ecological health of river systems, as well as hydrologic factors. MassDEP will work with stakeholders to quickly develop interim safe yield determinations based on this interpretation that will be used in WMA permitting on a short term basis.

Process and Timetable:

• MassDEP will develop this interim determination with the WMA Advisory Committee and/or Water Resources Commission as well as with EEA and its other agencies. Any such interim safe yield determinations will be in place until final safe yield calculations based on a new methodology are promulgated by regulation, which MassDEP will use its best efforts to finalize by October 31, 2010.
  
  
• In connection with this undertaking, MassDEP will:
  
  
1. Promptly convene a technical stakeholder working group to make recommendations within one month of today for interim safe yield determinations as necessary;
   
2. Convene discussions with a working group of the WMA Advisory Committee to identify options for moving forward with permits in the interim period, including durations for permits;
   
3. Schedule a meeting of the WMA Advisory Committee, to be held on November 12, 2009.
   
4. Re-determine the safe yield of the Ipswich basin on or before 8/31/10.
   
5. Establish a schedule for developing the long-term safe yield methodology and use best efforts to complete final safe yields determinations by one year from today for the rest of the river basins in Massachusetts.
   
   
• The new long-term safe yield methodology will be promulgated as a regulation under the Water Management Act and pursuant to M.G.L. c. 30A with the intent that it be applicable to all new permits immediately and all existing permits, including permits issued during the interim period, no later than the next five year review period for each permit.
  
  
• MassDEP will include the new safe yield determination in each permit no later than the next five year review period.
  
  
• The Department will file a superseding status report with the superior court consistent with this statement and its above clarification of the term safe yield.

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