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Notice of Proposed Rulemaking & Public Hearing: Proposed Amendments to DRBC's Water Code
Proposal: Key Information


DRBC has issued a Notice of Proposed Rulemaking and Public Hearing regarding proposed amendments to its Water Code and Comprehensive Plan to require water supply systems serving the public (purveyors) to report water use by their largest customers.

Specifically, DRBC is proposing to amend Section 2.50 of its current Water Code to include a requirement that purveyors report certain data for customers to which, during the previous calendar year, the system supplied 50,000 gallons per day ("gpd") or more as an average over any 30-day period through one or more proximate connections. See Background for additional details.
Public Hearing: Wednesday, November 4, 2026, 1:30 P.M.


A public hearing will be held remotely via Zoom Webinar on Wednesday, November 4, 2026, beginning at 1:30 p.m. and ending no later than 3:00 p.m. EST.


To Attend the Public Hearing +/- Provide Oral Testimony


Please Note

  • To provide testimony on public hearing items, you must register for the Zoom Webinar and note in your registration that you wish to testify (you cannot provide testimony if watching on YouTube).

  • For security reasons, registrations for the public hearing will require manual approval.

  • Online registration will remain open until 5:00 p.m. on November 3, 2026, or until all available speaking slots have been filled, whichever is earlier.

  • Each person who wishes to provide oral comment may do so at only one public hearing. Registrations will be monitored, and if capacity is not adequate to accommodate all who wish to speak, additional opportunities may be added.

  • Speaking time will be limited to approximately three minutes per speaker.

  • Elected government officials and their staff members will have the opportunity to identify themselves when registering to attend a hearing.

  • Written and oral comments will receive equal consideration.

  • To ensure a smooth connection, please make sure you are using the most up to date version of Zoom. It is recommended that you do this prior to the scheduled public hearing time. For questions
    related to using the Zoom interface, please visit https://support.zoom.us/hc/en-us for Zoom support.

  • Use of the Zoom registration interface for both webinar and public testimony registration is subject to change. People who register will receive an email confirmation (from Delaware River Basin
    Commission Meetings <noreply@zoom.us>) when they register; folks will also receive a reminder email on the day of the public hearing that will include the registration details. Please check your
    spam if you do not see this email in your in-box.
Written Comment Deadline: Friday, December 4, 2026, 5 P.M.


How to Submit Written Comments

  • Written comment on items scheduled for hearing should be made through the Commission's webbased comment system, SmartComment: https://hearing.drbc.commentinput.com?id=T95htQGAg

  • Written comments on this proposed rulemaking will be accepted through 5:00 p.m. on Friday, December 4, 2026.


Please Note

  • Use of the web-based system ensures that all submissions are captured in a single location and their receipt is acknowledged.

  • Written and oral comments will receive equal consideration.

  • All materials should be provided in searchable formats, preferably in .pdf searchable text. Notably, a picture scan of a document may not result in searchable text.

  • Non-digitized, voluminous materials such as books, journals and collections of documents will not be accepted.

  • Digital submissions of articles and websites must be accompanied by a statement containing citations to the specific findings or conclusions the commenter wishes to reference.

  • Comments received through any method other than the designated on-line method, including via email, fax, postal/delivery services or hand delivery, will not be considered or included in the rulemaking record unless accompanied by a written request for an exception based on lack of access to the web-based comment system. Such requests and accompanying materials may be sent to: Commission Secretary, DRBC, P.O. Box 7360, West Trenton, NJ 08628.


Substance of Comments


The Commission welcomes and will consider comments that concern the potential impacts of the proposed amendments on the conservation, utilization, development, management and control of the water and related resources of the Delaware River Basin and on public participation in the Commission's water resource management activities. In particular, the Commission seeks comment on the burden the proposed rule would impose on water supply systems serving the public and large customers.
Supporting Documentation and Translation

 

Proposed Rulemaking Documents (all PDFs)


Translation Services for Rulemaking Materials


DRBC webpages can be translated to one of multiple languages by using the Google Translate widget located in the upper right of each web page. 

The Commission will consider requests for translation of this notice and the proposed rule text into languages other than English. To request translation of documents related to this rulemaking, please send an e-mail to translate@drbc.gov. Please specify both the requested language and the requested documents.
Background


Why Collect Water Use Data


Water use data are critical for effective management of the Basin's water resources. Data are needed to:

  • Develop consumptive use estimates

  • Project water use trends 

  • Establish water budgets 

  • Assess water resource needs

  • Evaluate the effectiveness of water conservation programs 


Current Water Reporting Requirements


The Commission established annual reporting requirements for water supply systems serving the public (also herein, "purveyors") in 1986 and updated them in 2001 and 2009. The requirements apply to:

  • Source Data: consisting of monthly withdrawal or bulk purchase information for each system

  • Service Area Data: which identify water uses by category as residential, commercial, institutional, industrial, bulk sale, non-revenue, unaccounted for or other  


Proposal

The proposed amendments would require water supply systems serving the public to furnish the Commission with a third class of supplemental water use data—large customer data. These data would help DRBC characterize the water needs of the largest users that obtain their water from purveyors rather than withdrawing it directly from a surface water or ground water source, providing an overall clearer picture of how the Basin's water resources are used. 

A clearer understanding of water use by large customers of water supply systems serving the public is particularly important in helping develop a more accurate profile of consumptive use in the Basin and evaluating whether current drought management measures and contingency plans will be adequate in the future. 

Specifically, the proposed amendments would require the owner or operator of each water supply system serving the public with a withdrawal of 100,000 gallons per day ("gpd") or more as an average during any 30-day period to report the following data for each customer to which the system supplies an amount greater than or equal to 50,000 gpd as a 30-day average through one or more proximate connections: 

  • Calendar year for which the data are reported

  • DRBC docket number and state permit number for the reporting entity

  • Identification number assigned by the reporting entity to the customer served by the connection(s)

  • Amount of water supplied monthly to the customer for each of the twelve months for which data are reported 

  • Type or sector to which the customer belongs

  • NAICS code

Entities Affected


Currently, approximately 300 purveyors in the Basin report source and service area water use to Basin state agencies in accordance with provisions in the Water Code. Working closely with our member state agencies, the Commission is able to access, compile and analyze approximately 30 years of source and service area data from each state for purposes of identifying and projecting water use trends Basin-wide. 

The Commission expects that under the amended rule, a subset of the approximately 300 water purveyors subject to the rule will be required to identify large customers supplied by their systems. The incremental burden on these purveyors is expected to be manageable, as most are already accustomed to furnishing source and service area data electronically to the Commission's respective member states in accordance with subsections 2.50.3 A.1.a. and b. of the Water Code, adopted in 1986, and to providing DRBC with an annual "water audit" report in accordance with section 2.1.8 of the Water Code, adopted in 2012. Data collected pursuant to the proposed amendments would be reported electronically in a manner similar to that currently used by purveyors to report water audit data to the Commission.


Changes to Water Code


Because the proposed amendments include a new section 2.50.1, "Definitions," current sections 2.50.1 through 2.50.3 are to be re-numbered 2.50.2 through 2.50.4. The substantive new requirements appear in proposed new subsection 2.50.4 A.1.c. Additional non-substantive amendments are proposed to the introductory paragraphs of current subsections 2.50.3 A.1., "Annual Reporting Requirements – Water Supply Systems Serving the Public" and A.2., "Annual Reporting Requirements – Other Withdrawals," and to current subsection 2.50.3 B., solely for purposes of consistency and clarification. Changes to the latter subsection, in particular, are proposed to continue to ensure that DRBC's annual reporting requirements do not compel entities to submit the same data to both DRBC and state agencies.  
Contacts for Information


For information regarding the public hearing and submission of written comments:

  • Contact Kate Schmidt, Communications Specialist, at kate.schmidt@drbc.gov (preferred) or 609-477-7205
     

For information concerning the proposed amendments:

  • Contact Chad Pindar, Manager of Water Resource Planning, at chad.pindar@drbc.gov (preferred) or 609-477-7248
     

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Notice Posted: 10/6/26
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