81_FR_35715 81 FR 35608 - Clarifying Language in the Basin Regulations-Water Supply Charges Relating to Certificates of Entitlement

81 FR 35608 - Clarifying Language in the Basin Regulations-Water Supply Charges Relating to Certificates of Entitlement

DELAWARE RIVER BASIN COMMISSION

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35608-35609
FR Document2016-13011

The Delaware River Basin Commission is codifying revisions to its Basin Regulations--Water Supply Charges. The revisions involve no changes in the substance or administration of the rule. They were made in order to clarify the language of the rule to conform to the Commission's decisions and practices so as to provide better notice to users regarding how the Commission implements its entitlements program and to avoid future controversy.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35608-35609]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13011]


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DELAWARE RIVER BASIN COMMISSION

18 CFR Part 420


Clarifying Language in the Basin Regulations--Water Supply 
Charges Relating to Certificates of Entitlement

AGENCY: Delaware River Basin Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Delaware River Basin Commission is codifying revisions to 
its Basin Regulations--Water Supply Charges. The revisions involve no 
changes in the substance or administration of the rule. They were made 
in order to clarify the language of the rule to conform to the 
Commission's decisions and practices so as to provide better notice to 
users regarding how the Commission implements its entitlements program 
and to avoid future controversy.

DATES: This final rule is effective July 5, 2016.

FOR FURTHER INFORMATION CONTACT: Pamela Bush, 609-477-7203.

SUPPLEMENTARY INFORMATION: 

Background

    The Delaware River Basin Commission (``DRBC'' or ``Commission'') is 
a federal-interstate compact agency charged with managing the water 
resources of the Delaware River Basin on a regional basis without 
regard to political boundaries. Its members are the governors of the 
four basin states--Delaware, New Jersey, New York and Pennsylvania--and 
the North Atlantic Division Commander of the U.S. Army Corps of 
Engineers, representing the federal government.
    By Resolution No. 2006-2 on March 1, 2006, the Commission approved 
revisions to its Basin Regulations--Water Supply Charges, 18 CFR part 
420, to clarify the language of the rule to conform to the Commission's 
decisions and practices, in order to provide better notice to users 
regarding how the Commission implements its entitlements program and to 
avoid future controversy. The revisions involved no changes in the 
substance or administration of the rule. Although the adopted revisions 
were incorporated into the Commission's Administrative Manual Part 
III--Basin Regulations--Water Supply Charges, which uses a unique 
numbering system, the corresponding sections of the Code of Federal 
Regulations were never updated to include them. This final rule adds 
the approved changes to the federal code.
    Notice of the proposed revisions was published in the Federal 
Register at 70 FR 60496, October 18, 2005. Notice also appeared in the 
Delaware Register of Regulations, 9 DE Reg. 674, November 1, 2005; New 
Jersey Register, 37 N.J.R. 4206, November 7, 2005; New York State 
Register, November 2, 2005 (page 4); and Pennsylvania Bulletin, 35 
Pa.B. 6094, Nov. 5, 2005. The Commission held a public hearing on the 
proposed revisions on December 7, 2005 and accepted written comments on 
them through January 10, 2006. The changes were adopted by unanimous 
vote approving Resolution No. 2006-2 at the Commission's public 
business meeting on March 1, 2006.

Additional Materials

    Additional materials can be found on the Commission's Web site, 
www.drbc.net. These include: the notice of the proposed amendments 
published in the Federal Register, at http://nj.gov/drbc/library/documents/water-charges-codify/1_FR_PropRule_CertsEntitle101805.pdf; 
and in the state registers at http://www.nj.gov/drbc/about/regulations/other-rulemakings.html; the text of the draft revisions as proposed, at 
http://nj.gov/drbc/library/documents/water-charges-codify/6_ProposedText_WaterSupplyChargingRegs_Art5.2.pdf; Resolution No. 2006-
2, adopting the revisions as final, at http://nj.gov/drbc/library/documents/water-charges-codify/7_Res2006-02_CertEntitle_adopted030106.pdf; and the Minutes of the Commission's 
business meeting of March 1, 2006, explaining the differences between 
the proposed and adopted rule text, at http://nj.gov/drbc/library/documents/water-charges-codify/8_Min_030106_note-pgs18-21.pdf.
    With adoption of this final rule, the Commission will reference the 
CFR version of the Basin Regulations--Water Supply Charges for most 
purposes. For the foreseeable future, however, both versions will 
remain posted on the Commission's Web site, at http://www.nj.gov/drbc/about/regulations/.

List of Subjects in 18 CFR Part 420

    Water supply.

    For the reasons set forth in the preamble, the Delaware River Basin 
Commission amends part 420 of title 18 of the Code of Federal 
Regulations as follows:

PART 420--BASIN REGULATIONS--WATER SUPPLY CHARGES

0
1. The authority citation for part 420 continues to read as follows:

    Authority: Delaware River Basin Compact, 75 Stat. 688.

0
2. Revise Sec.  420.31(d) through (f) to read as follows:


Sec.  420.31  Certificate of entitlement.

* * * * *
    (d) Limitations. (1) A certificate of entitlement is granted to a 
specific user for water withdrawals or diversions at a specific 
facility in the amount of the Legal Entitlement as defined in Sec.  
420.23(b).
    (2) A certificate of entitlement shall not be applied, transferred 
or modified to apply to a facility other than the facility initially 
specified in the certificate.
    (3) A certificate of entitlement may not be transferred from the 
certificate holder to another user, except as provided in the 
exceptions set forth in paragraph (f) of this section.
    (4) A certificate of entitlement does not exempt the certificate 
holder from paying water supply charges for any portion of water 
withdrawals or diversions used outside the facility specified in the 
certificate and any additional service area to which the facility 
supplied water as of October 27, 1961 or at the facility specified in 
the certificate by a user other than the certificate holder. For 
purposes of this paragraph (d)(4), a certificate holder claiming an 
exemption from charges for water supplied within a service area shall 
submit proof satisfactory to the Commission identifying the facility's 
service area as of October 27, 1961. In the absence of proof of the 
service area as of October 27, 1961, the service area defined in the 
Commission docket, if any, for the facility in effect at the time the 
certificate was issued shall be deemed to be the facility's service 
area. In the absence of proof of a service area, the certificate shall 
only exempt the certificate holder from paying water supply charges for 
water used at the facility.
    (e) Termination of certificate. (1) A certificate of entitlement 
terminates pursuant to this section and without the need for Commission 
action if at least one of the following occurs:
    (i) The certificate holder dissolves or otherwise ceases to exist;
    (ii) The certificate holder ceases the withdrawals or diversions at 
the facility to which the certificate of entitlement

[[Page 35609]]

applies, or abandons the intake, provided that a shutdown of the 
facility for maintenance or improvement, or a replacement of the 
intake, that is performed at the earliest practicable commercially 
reasonable time following commencement of the shutdown or replacement, 
shall not be deemed to be a cessation of withdrawal or diversion;
    (iii) The certificate holder through contract, lease or other 
agreement ceases to be the user or public water system supplier of the 
water withdrawn or diverted at the facility; or
    (iv) There is a change in the ownership or control of the facility. 
Once terminated, a certificate of entitlement may not be reinstated or 
reissued.
    (2) A change in ownership or control of the facility includes, but 
is not limited to, any transaction, acquisition, merger or event 
(collectively ``transaction'') resulting in at least one of the 
following:
    (i) A transfer of title to the facility;
    (ii) A person or entity or the shareholders or other owners of an 
entity becoming the beneficial owner, directly or indirectly, or 
acquiring alone or in concert the power or right to vote at least 20 
percent of any class of ownership interest in a certificate holder or 
any of its parent entities, regardless of the tier in the corporate or 
entity structure at which the transaction occurs;
    (iii) A change in ownership or control for purposes of any of the 
certificate holder's or any of its parent corporations' employee 
agreements; or
    (iv) A change of the de facto controlling interest in a certificate 
holder or any of its parent entities, regardless of the tier in the 
corporate or entity structure at which the change occurs.
    (3) A change of the de facto controlling interest in an entity 
includes, but is not limited to, a change of the persons or entities 
with the ability or authority, expressed or reserved, to direct the 
management or policies of an entity and/or to take at least one of the 
following actions:
    (i) Amend or change the entity's identity (e.g. joint venture 
agreement, unincorporated business status);
    (ii) Appoint or remove at least 50% of the members of the Board of 
Directors or Trustees of a corporation, general partner of a 
partnership, or a similar member of the governing body of an entity;
    (iii) Amend or change the by-laws, constitution, or other operating 
or management direction of the entity;
    (iv) Control the sale of, use of or access to any or all of the 
entity's assets;
    (v) Encumber the entity's assets by way of mortgage or other 
indebtedness;
    (vi) Control any or all of the assets or other property of the 
entity upon the sale or dissolution of the entity;
    (vii) Dissolve the entity;
    (viii) Arrange for the sale or transfer of the entity to a new 
ownership or control;
    (ix) Select or change the management of the entity or determine 
management compensation; or
    (x) Set operating policies, financial policies or budgets.
    (4) For purposes of applying paragraph (e)(3) of this section, 
consideration may be given to circumstances particular to the person or 
entity and certificate holder involved, including without limitation 
the ability of that person or entity to take actions in light of the 
number of shares in the certificate holder or its parent entities that 
are actively voted, the practice of any majority shareholder in 
exercising or refraining from exercising majority rights, and any 
agreements giving the person or entity the right to control votes of 
others.
    (5) A series of transactions undertaken pursuant to a plan or that 
are otherwise related shall be considered a single transaction for 
purposes of this section. For purposes of calculating the twenty 
percent threshold in paragraph (e)(2)(ii) of this section, the 
securities, shares or other interests held immediately prior to the 
transaction shall be added to the securities, shares or other interests 
acquired in the transaction.
    (f) Exceptions-(1) Agricultural exception. (i) Whenever ownership 
or possession of land in agricultural use is transferred, any 
certificate of entitlement with respect to such land shall be deemed to 
run with the land, if but only if within sixty days following the land 
transfer the new user demonstrates to the Executive Director that it 
will continue to use the water withdrawn or diverted for agricultural 
irrigation. Following any such timely demonstration, the Executive 
Director shall transfer the certificate of entitlement to the new user. 
The Executive Director may extend the sixty day period for good cause 
shown.
    (ii) A certificate of entitlement that has been transferred 
pursuant to paragraph (f)(1)(i) of this section relieves the user of 
the obligation to pay water supply charges only with respect to the 
quantity of water in fact used by the new certificate holder for 
agricultural irrigation up to the Legal Entitlement specified in the 
certificate, and not with respect to the quantity of water used for any 
other purposes. The provisions of Sec.  420.43 shall apply to water 
uses outside the scope of the certificate of entitlement.
    (iii) A certificate of entitlement that has been transferred 
pursuant to paragraph (f)(1)(i) of this section terminates pursuant to 
this paragraph (f)(1) and without the need for Commission action if and 
when the certificate holder ceases using the water for agricultural 
irrigation, provided that if the cessation occurs in conjunction with a 
transfer of ownership or possession of the land in agricultural use, 
the certificate of entitlement may be transferred to a new user 
pursuant to paragraph (f)(1)(i). Once terminated, a certificate of 
entitlement may not be reinstated or reissued.
    (2) Corporate reorganization exceptions. The following provisions 
apply where a corporate parent directly or indirectly owning 100% of 
each class of shares of all of its subsidiary corporations decides to 
reorganize those subsidiary corporations without affecting the 
corporate parent's 100% ownership interest.
    (i) Whenever a corporate reorganization consists solely of a change 
of the name, identity, internal corporate structure, or place of 
organization of a corporate certificate holder or any of its parent 
corporations, the Executive Director may reissue a certificate of 
entitlement in the name of the new owner of the facility, provided that 
the reorganization does not affect ownership and/or control by the 
certificate holder's corporate family of companies within the meaning 
of paragraphs (e)(2) through (5) of this section and does not alter the 
ultimate corporate parent's 100% ownership interest.
    (ii) A merger or other plan, transaction or series of transactions 
that effectuates a change of ownership or control within the meaning of 
paragraphs (e)(2) through (5) does not fall within the exemption of 
paragraph (f)(2)(i) of this section on the basis that a corporate 
reorganization constitutes part of the merger, plan, transaction or 
series of transactions.

    Dated: May 26, 2016.
Pamela M. Bush,
Commission Secretary and Assistant General Counsel.
[FR Doc. 2016-13011 Filed 6-2-16; 8:45 am]
 BILLING CODE 6301-01-P



                                                35608                 Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations

                                                  Dated: May 23, 2016.                                  Manual Part III—Basin Regulations—                     of the Code of Federal Regulations as
                                                Kevin J. Wolf,                                          Water Supply Charges, which uses a                     follows:
                                                Assistant Secretary for Export                          unique numbering system, the
                                                Administration.                                         corresponding sections of the Code of                  PART 420—BASIN REGULATIONS—
                                                [FR Doc. 2016–12734 Filed 6–2–16; 8:45 am]              Federal Regulations were never updated                 WATER SUPPLY CHARGES
                                                BILLING CODE 3510–33–P                                  to include them. This final rule adds the
                                                                                                                                                               ■ 1. The authority citation for part 420
                                                                                                        approved changes to the federal code.
                                                                                                                                                               continues to read as follows:
                                                                                                          Notice of the proposed revisions was
                                                                                                        published in the Federal Register at 70                  Authority: Delaware River Basin Compact,
                                                DELAWARE RIVER BASIN
                                                                                                        FR 60496, October 18, 2005. Notice also                75 Stat. 688.
                                                COMMISSION
                                                                                                        appeared in the Delaware Register of                   ■ 2. Revise § 420.31(d) through (f) to
                                                18 CFR Part 420                                         Regulations, 9 DE Reg. 674, November 1,                read as follows:
                                                                                                        2005; New Jersey Register, 37 N.J.R.                   § 420.31   Certificate of entitlement.
                                                Clarifying Language in the Basin                        4206, November 7, 2005; New York
                                                Regulations—Water Supply Charges                        State Register, November 2, 2005 (page                 *      *     *     *     *
                                                Relating to Certificates of Entitlement                 4); and Pennsylvania Bulletin, 35 Pa.B.                  (d) Limitations. (1) A certificate of
                                                                                                        6094, Nov. 5, 2005. The Commission                     entitlement is granted to a specific user
                                                AGENCY:  Delaware River Basin                                                                                  for water withdrawals or diversions at a
                                                Commission.                                             held a public hearing on the proposed
                                                                                                        revisions on December 7, 2005 and                      specific facility in the amount of the
                                                ACTION: Final rule.                                                                                            Legal Entitlement as defined in
                                                                                                        accepted written comments on them
                                                                                                        through January 10, 2006. The changes                  § 420.23(b).
                                                SUMMARY:   The Delaware River Basin                                                                              (2) A certificate of entitlement shall
                                                Commission is codifying revisions to its                were adopted by unanimous vote
                                                                                                                                                               not be applied, transferred or modified
                                                Basin Regulations—Water Supply                          approving Resolution No. 2006–2 at the
                                                                                                                                                               to apply to a facility other than the
                                                Charges. The revisions involve no                       Commission’s public business meeting
                                                                                                                                                               facility initially specified in the
                                                changes in the substance or                             on March 1, 2006.
                                                                                                                                                               certificate.
                                                administration of the rule. They were                   Additional Materials                                     (3) A certificate of entitlement may
                                                made in order to clarify the language of                                                                       not be transferred from the certificate
                                                the rule to conform to the Commission’s                    Additional materials can be found on
                                                                                                                                                               holder to another user, except as
                                                decisions and practices so as to provide                the Commission’s Web site,
                                                                                                                                                               provided in the exceptions set forth in
                                                better notice to users regarding how the                www.drbc.net. These include: the notice
                                                                                                                                                               paragraph (f) of this section.
                                                Commission implements its                               of the proposed amendments published                     (4) A certificate of entitlement does
                                                entitlements program and to avoid                       in the Federal Register, at http://nj.gov/             not exempt the certificate holder from
                                                future controversy.                                     drbc/library/documents/water-charges-                  paying water supply charges for any
                                                DATES: This final rule is effective July 5,             codify/1_FR_PropRule_                                  portion of water withdrawals or
                                                2016.                                                   CertsEntitle101805.pdf; and in the state               diversions used outside the facility
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        registers at http://www.nj.gov/drbc/                   specified in the certificate and any
                                                Pamela Bush, 609–477–7203.                              about/regulations/other-                               additional service area to which the
                                                                                                        rulemakings.html; the text of the draft                facility supplied water as of October 27,
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        revisions as proposed, at http://nj.gov/               1961 or at the facility specified in the
                                                Background                                              drbc/library/documents/water-charges-                  certificate by a user other than the
                                                   The Delaware River Basin                             codify/6_ProposedText_                                 certificate holder. For purposes of this
                                                Commission (‘‘DRBC’’ or                                 WaterSupplyChargingRegs_Art5.2.pdf;                    paragraph (d)(4), a certificate holder
                                                ‘‘Commission’’) is a federal-interstate                 Resolution No. 2006–2, adopting the                    claiming an exemption from charges for
                                                compact agency charged with managing                    revisions as final, at http://nj.gov/drbc/             water supplied within a service area
                                                the water resources of the Delaware                     library/documents/water-charges-                       shall submit proof satisfactory to the
                                                River Basin on a regional basis without                 codify/7_Res2006-02_CertEntitle_                       Commission identifying the facility’s
                                                regard to political boundaries. Its                     adopted030106.pdf; and the Minutes of                  service area as of October 27, 1961. In
                                                members are the governors of the four                   the Commission’s business meeting of                   the absence of proof of the service area
                                                basin states—Delaware, New Jersey,                      March 1, 2006, explaining the                          as of October 27, 1961, the service area
                                                New York and Pennsylvania—and the                       differences between the proposed and                   defined in the Commission docket, if
                                                North Atlantic Division Commander of                    adopted rule text, at http://nj.gov/drbc/              any, for the facility in effect at the time
                                                the U.S. Army Corps of Engineers,                       library/documents/water-charges-                       the certificate was issued shall be
                                                representing the federal government.                    codify/8_Min_030106_note-pgs18-                        deemed to be the facility’s service area.
                                                   By Resolution No. 2006–2 on March                    21.pdf.                                                In the absence of proof of a service area,
                                                1, 2006, the Commission approved                           With adoption of this final rule, the               the certificate shall only exempt the
                                                revisions to its Basin Regulations—                     Commission will reference the CFR                      certificate holder from paying water
                                                Water Supply Charges, 18 CFR part 420,                  version of the Basin Regulations—Water                 supply charges for water used at the
                                                to clarify the language of the rule to                  Supply Charges for most purposes. For                  facility.
                                                conform to the Commission’s decisions                   the foreseeable future, however, both                    (e) Termination of certificate. (1) A
                                                and practices, in order to provide better               versions will remain posted on the                     certificate of entitlement terminates
                                                notice to users regarding how the                       Commission’s Web site, at http://                      pursuant to this section and without the
mstockstill on DSK3G9T082PROD with RULES




                                                Commission implements its                               www.nj.gov/drbc/about/regulations/.                    need for Commission action if at least
                                                entitlements program and to avoid                       List of Subjects in 18 CFR Part 420                    one of the following occurs:
                                                future controversy. The revisions                                                                                (i) The certificate holder dissolves or
                                                involved no changes in the substance or                   Water supply.                                        otherwise ceases to exist;
                                                administration of the rule. Although the                  For the reasons set forth in the                       (ii) The certificate holder ceases the
                                                adopted revisions were incorporated                     preamble, the Delaware River Basin                     withdrawals or diversions at the facility
                                                into the Commission’s Administrative                    Commission amends part 420 of title 18                 to which the certificate of entitlement


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                                                                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Rules and Regulations                                               35609

                                                applies, or abandons the intake,                           (v) Encumber the entity’s assets by                 outside the scope of the certificate of
                                                provided that a shutdown of the facility                way of mortgage or other indebtedness;                 entitlement.
                                                for maintenance or improvement, or a                       (vi) Control any or all of the assets or               (iii) A certificate of entitlement that
                                                replacement of the intake, that is                      other property of the entity upon the
                                                                                                                                                               has been transferred pursuant to
                                                performed at the earliest practicable                   sale or dissolution of the entity;
                                                                                                           (vii) Dissolve the entity;                          paragraph (f)(1)(i) of this section
                                                commercially reasonable time following
                                                                                                           (viii) Arrange for the sale or transfer             terminates pursuant to this paragraph
                                                commencement of the shutdown or
                                                                                                        of the entity to a new ownership or                    (f)(1) and without the need for
                                                replacement, shall not be deemed to be
                                                                                                        control;                                               Commission action if and when the
                                                a cessation of withdrawal or diversion;
                                                   (iii) The certificate holder through                    (ix) Select or change the management                certificate holder ceases using the water
                                                contract, lease or other agreement ceases               of the entity or determine management                  for agricultural irrigation, provided that
                                                to be the user or public water system                   compensation; or                                       if the cessation occurs in conjunction
                                                supplier of the water withdrawn or                         (x) Set operating policies, financial               with a transfer of ownership or
                                                diverted at the facility; or                            policies or budgets.                                   possession of the land in agricultural
                                                   (iv) There is a change in the                           (4) For purposes of applying                        use, the certificate of entitlement may be
                                                ownership or control of the facility.                   paragraph (e)(3) of this section,                      transferred to a new user pursuant to
                                                Once terminated, a certificate of                       consideration may be given to                          paragraph (f)(1)(i). Once terminated, a
                                                entitlement may not be reinstated or                    circumstances particular to the person
                                                                                                                                                               certificate of entitlement may not be
                                                reissued.                                               or entity and certificate holder involved,
                                                                                                                                                               reinstated or reissued.
                                                   (2) A change in ownership or control                 including without limitation the ability
                                                                                                        of that person or entity to take actions                  (2) Corporate reorganization
                                                of the facility includes, but is not
                                                                                                        in light of the number of shares in the                exceptions. The following provisions
                                                limited to, any transaction, acquisition,
                                                                                                        certificate holder or its parent entities              apply where a corporate parent directly
                                                merger or event (collectively
                                                ‘‘transaction’’) resulting in at least one              that are actively voted, the practice of               or indirectly owning 100% of each class
                                                of the following:                                       any majority shareholder in exercising                 of shares of all of its subsidiary
                                                   (i) A transfer of title to the facility;             or refraining from exercising majority                 corporations decides to reorganize those
                                                   (ii) A person or entity or the                       rights, and any agreements giving the                  subsidiary corporations without
                                                shareholders or other owners of an                      person or entity the right to control                  affecting the corporate parent’s 100%
                                                entity becoming the beneficial owner,                   votes of others.                                       ownership interest.
                                                directly or indirectly, or acquiring alone                 (5) A series of transactions undertaken
                                                                                                        pursuant to a plan or that are otherwise                  (i) Whenever a corporate
                                                or in concert the power or right to vote                                                                       reorganization consists solely of a
                                                at least 20 percent of any class of                     related shall be considered a single
                                                                                                        transaction for purposes of this section.              change of the name, identity, internal
                                                ownership interest in a certificate                                                                            corporate structure, or place of
                                                holder or any of its parent entities,                   For purposes of calculating the twenty
                                                                                                        percent threshold in paragraph (e)(2)(ii)              organization of a corporate certificate
                                                regardless of the tier in the corporate or
                                                                                                        of this section, the securities, shares or             holder or any of its parent corporations,
                                                entity structure at which the transaction
                                                                                                        other interests held immediately prior to              the Executive Director may reissue a
                                                occurs;
                                                   (iii) A change in ownership or control               the transaction shall be added to the                  certificate of entitlement in the name of
                                                for purposes of any of the certificate                  securities, shares or other interests                  the new owner of the facility, provided
                                                holder’s or any of its parent                           acquired in the transaction.                           that the reorganization does not affect
                                                corporations’ employee agreements; or                      (f) Exceptions-(1) Agricultural                     ownership and/or control by the
                                                   (iv) A change of the de facto                        exception. (i) Whenever ownership or                   certificate holder’s corporate family of
                                                controlling interest in a certificate                   possession of land in agricultural use is              companies within the meaning of
                                                holder or any of its parent entities,                   transferred, any certificate of                        paragraphs (e)(2) through (5) of this
                                                regardless of the tier in the corporate or              entitlement with respect to such land                  section and does not alter the ultimate
                                                entity structure at which the change                    shall be deemed to run with the land,                  corporate parent’s 100% ownership
                                                occurs.                                                 if but only if within sixty days following             interest.
                                                   (3) A change of the de facto                         the land transfer the new user
                                                                                                        demonstrates to the Executive Director                    (ii) A merger or other plan,
                                                controlling interest in an entity
                                                                                                        that it will continue to use the water                 transaction or series of transactions that
                                                includes, but is not limited to, a change
                                                                                                        withdrawn or diverted for agricultural                 effectuates a change of ownership or
                                                of the persons or entities with the ability
                                                or authority, expressed or reserved, to                 irrigation. Following any such timely                  control within the meaning of
                                                direct the management or policies of an                 demonstration, the Executive Director                  paragraphs (e)(2) through (5) does not
                                                entity and/or to take at least one of the               shall transfer the certificate of                      fall within the exemption of paragraph
                                                following actions:                                      entitlement to the new user. The                       (f)(2)(i) of this section on the basis that
                                                   (i) Amend or change the entity’s                     Executive Director may extend the sixty                a corporate reorganization constitutes
                                                identity (e.g. joint venture agreement,                 day period for good cause shown.                       part of the merger, plan, transaction or
                                                unincorporated business status);                           (ii) A certificate of entitlement that              series of transactions.
                                                   (ii) Appoint or remove at least 50% of               has been transferred pursuant to                         Dated: May 26, 2016.
                                                the members of the Board of Directors                   paragraph (f)(1)(i) of this section relieves
                                                                                                        the user of the obligation to pay water                Pamela M. Bush,
                                                or Trustees of a corporation, general
                                                partner of a partnership, or a similar                  supply charges only with respect to the                Commission Secretary and Assistant General
mstockstill on DSK3G9T082PROD with RULES




                                                member of the governing body of an                      quantity of water in fact used by the                  Counsel.
                                                entity;                                                 new certificate holder for agricultural                [FR Doc. 2016–13011 Filed 6–2–16; 8:45 am]
                                                   (iii) Amend or change the by-laws,                   irrigation up to the Legal Entitlement                 BILLING CODE 6301–01–P
                                                constitution, or other operating or                     specified in the certificate, and not with
                                                management direction of the entity;                     respect to the quantity of water used for
                                                   (iv) Control the sale of, use of or                  any other purposes. The provisions of
                                                access to any or all of the entity’s assets;            § 420.43 shall apply to water uses


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Document Created: 2018-02-08 07:29:56
Document Modified: 2018-02-08 07:29:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective July 5, 2016.
ContactPamela Bush, 609-477-7203.
FR Citation81 FR 35608 

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