Connecticut General Statutes

Conn. Gen. Stat. § 22a-368 (2026)

Registration of existing diversions. Permits. Transfer

✓ current as of May 2026

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(a) Any person or municipality maintaining a diversion prior to or on July 1, 1982, shall register on or before July 1, 1983, with the commissioner on a form prescribed by him the location, capacity, frequency and rate of withdrawals or discharges of said diversion and a description of the water use and water system. Any such diversion which is not so registered may be subject to the permit requirements of sections 22a-365 to 22a-378, inclusive.

(b) Notwithstanding any other provision of the general statutes or any special act to the contrary, no person or municipality shall, after July 1, 1982, commence to divert water from the waters of the state without first obtaining a permit for such diversion from the commissioner.

(P.A. 82-402, S. 4, 16.)

See Secs. 22a-208l and 22a-208o re wood-burning facilities.

Cited. 233 C. 486.

Cited. 28 CA 674; 41 CA 89; Id., 120.

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Notes of Decisions

Cited in 7 cases, 1992–2003 · leading case: City of Waterbury v. Town of Washington, 800 A.2d 1102 (Conn. 2002).

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City of Waterbury v. Town of Washington, 800 A.2d 1102 (Conn. 2002). · cites it 8× “” General Statutes § 22a-368 (a). 48 The trial court found that Waterbury properly registered its Shepaug River diversion, and thus is exempt from the permitting requirements.”

Zoning Comm'n v. Fairfield Resources Mgmt., Inc., 674 A.2d 1335 (Conn. App. Ct. 1996). · cites it 3× “Such operations also constitute a diversion of waters of the State of Connecticut for which a permit is required pursuant to Connecticut General Statutes § 22a-368 (b), yet, such operations are being conducted without the requisite permit.”

In Re Water Use Permit Applications, 9 P.3d 409 (Haw. 2000). “1, 1993 for certain irrigation uses); Conn. Gen. Stat. § 22a-368 (1999) (July 1, 1982); Fla.”

Keeney v. Fairfield Resources, Inc., 674 A.2d 1349 (Conn. App. Ct. 1996). · cites it 2× “, General Statutes §§ 22a-368 (b), 22a-403 (a), 22a-407, 22a-42a (c), 22a-430 and 22a-427, and §§ 220-10 and 220-7 of the Brookfield town code.”

Dep't of Utils. v. Carothers, 613 A.2d 316 (Conn. App. Ct. 1992). · cites it 2× “” Because a hearing was in fact held in this case and because General Statutes §§ 22a-368 (b) and 22a-373 require the commissioner to determine whether the plaintiff was entitled to a water diversion permit, this case falls within the definition of a contested case.”

Connecticut Resources Recovery Auth. v. Comm'r of Env't Prot., 659 A.2d 714 (Conn. 1995). · cites it 2× “to 1991) § 22a-368. 7 Public hearings on all of RESOL’s applications were held beginning on June 19,1991, and continuing through December 15,1991.”

Town of East Hampton v. Dep't of Pub. Health, 834 A.2d 783 (Conn. App. Ct. 2003). · cites it 2× “tation shall not construct the Route 2-3 access road in the vicinity of Forbes Street, East Hartford”); General Statutes § 16-262o (b) (“[notwithstanding the provisions of any special act, the [department of [p]ub-lic [u]tility [c]ontrol shall extend the franchise areas of the…”

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