18 CFR § 806.44 - Determination of grandfathered quantities.

---
identifier: "/us/cfr/t18/s806.44"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "18 CFR § 806.44 - Determination of grandfathered quantities."
title_number: 18
title_name: "Conservation of Power and Water Resources"
section_number: "806.44"
section_name: "Determination of grandfathered quantities."
chapter_name: "SUSQUEHANNA RIVER BASIN COMMISSION"
part_number: "806"
part_name: "REVIEW AND APPROVAL OF PROJECTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 3.4, 3.5 (5), 3.8, 3.10, and 15.2, Pub. L. 91-575, 84 Stat. 1509,"
regulatory_source: "71 FR 78579, Dec. 29, 2006, unless otherwise noted."
cfr_part: "806"
---


# 806.44 Determination of grandfathered quantities.

(a) For each registration submitted, the Executive Director shall determine the grandfathered quantity for each withdrawal source and consumptive use.

(b) In making a determination, the following factors should be considered:

(1) The withdrawal and use data and the peak consecutive 30-day average shown by the data;

(2) The reliability and accuracy of the data and/or the meters or measuring devices;

(3) Determination of reasonable and genuine usage of the project, including any anomalies in the usage;

(4) Whether the grandfathered amount includes an operational margin of safety; and

(5) Other relevant factors.

(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.