18 CFR §806.6
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)An existing Commission approval may be transferred to a new project sponsor by the Executive Director provided:
- (1)The application for transfer is submitted within 90 days of a transfer or change in ownership of a project.
- (2)The new project sponsor operates the project subject to the same terms and conditions of the existing approval pending approval of the transfer application.
- (3)Any noncompliance by the existing project sponsor associated with the project or by the new project sponsor associated with other projects is resolved to the Commission's satisfaction.
- (4)If the existing approval is greater than 10 years old, the transfer shall be conditioned to require the submission of an updated metering and monitoring plan consistent with the requirements of § 806.30.
- (5)If the existing project has an unapproved withdrawal, consumptive use and/or diversion listed in paragraph (b) of this section, the transfer shall be conditioned to require the submission of a new application for review and approval of the unapproved withdrawal, consumptive use and/or diversion consistent with §§ 806.4 and 806.14 and paragraph (d) of this section.
- (6)Any modifications proposed by the new project sponsor shall be subject to a separate application and review process under §§ 806.14 and 806.18.
- (b)Previously unapproved activities associated with a project subject to transfer under paragraph (a) of this section include:
- (c)Upon undergoing a change of name that does not affect ownership or control of the project, the project sponsor must request a reissuance of the project's approval by the Executive Director within 90 days from the date of the change.
- (d)Any unapproved activities associated with a transferred project shall be subject to the following:
- (1)The transfer approval shall be conditioned to include monitoring requirements under § 806.30 for all previously unapproved sources and activities.
- (2)The transfer approval may include any other conditions consistent with this part deemed necessary by the Executive Director.
- (3)The approved transfer will act as the unapproved activity's temporary approval for a period of five years, at which point, the project sponsor shall submit an application for review and approval consistent with subpart B of this part.
- (4)The Executive Director may require hydrogeologic evaluation under § 806.12 and/or formal review and approval of any of the previously unapproved sources sooner if those sources show a substantial likelihood of environmental harm, interference with other water users or water availability issues.