Instead of fulfilling the mitigation obligation through completion of a mitigation project or the purchase of mitigation credits from a mitigation bank or other credit holder, a groundwater permit applicant may choose to “offset” the impacts of his/her permit application by canceling an existing groundwater right that is subject to transfer in favor of a new permit application. The result of an approved “offset” proposal is the reduction, in part or in full, of the mitigation obligation for a specified pending permit application. However, the groundwater right proposed for cancellation must impact surface water similarly (in quantity and in the same zone of impact) as the proposed groundwater permit application. This will be determined through review of the request by the Department.
An offset request must be submitted to the Department and include:
- A notarized affidavit of cancellation (with wet signatures);
- A copy of the groundwater right to be cancelled;
- A map showing the groundwater right (or portion thereof) to be cancelled;
- A property deed showing that the party signing the affidavit of cancellation is authorized to pursue cancellation; and
- A cover letter describing that the cancellation is proposed to be an offset for a specified groundwater permit application.
The offset/voluntary cancellation request may be made contingent upon approval by the Department of the offset request and/or the proposed groundwater permit application. This request must also be submitted to the Department