(1) Purpose. 313 CMR 4.00 delineates the river basins of the Commonwealth and establishes the procedures and criteria upon which the Water Resources Commission shall determine the applicability, Insignificance, approval or denial of any proposed action to increase the Present Rate of Interbasin Transfer of water or wastewater. Subject to statutory exemptions, M.G.L. c. 21, §§ 8B through 8D requires that the Commission base its review of the proposed action to increase the Present Rate of Interbasin Transfer of water or wastewater on: a thorough assessment of the environmental effects of the proposed Interbasin Transfer; whether the Person requesting the transfer has made all reasonable efforts to identify and develop all Viable Sources in the Receiving Area; and whether there is an effective water conservation and management program in place in the Receiving Area. 313 CMR 4.00 applies to any Person who:

1. (a) proposes an action to cause an increase in the Present Rate of Interbasin Transfer of the surface or groundwater of a River Basin; or
2. (b) proposes to make any capital improvement which could reasonably be expected to increase the capacity to transfer water out of a Donor Basin.