18 CFR §806.44

1. (a)For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.
2. (b)In making a determination, the following factors should be considered:
   1. (1)The withdrawal and use data and the peak consecutive 30-day average shown by the data;
   2. (2)The reliability and accuracy of the data and/or the meters or measuring devices;
   3. (3)Determination of reasonable and genuine usage of the project, including any anomalies in the usage;
   4. (4)Whether the grandfathered amount includes an operational margin of safety; and
   5. (5)Other relevant factors.
3. (c)The Executive Director, in lieu of a determination under paragraph (b) of this section, may accept a previous grandfathering determination by the Commission at the request of the project sponsor.