05 LC
25 3820
House
Bill 53
By:
Representatives Powell of the
29th,
McCall of the
30th,
and Jamieson of the
28th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
regulate interbasin and intrabasin transfers of surface water and ground water;
to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated,
relating to water resources, so as to change certain provisions relating to
permits for withdrawal, diversion, or impoundment of surface waters and
monitoring, recording, and reporting of water withdrawal; to change certain
provisions relating to permits to withdraw, obtain, or use ground water; water
conservation plans; factors to be considered; notice of official acts;
administrative hearings; and judicial review; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 12 of the Official Code of Georgia Annotated, relating to water
resources, is amended by striking subsection (n) of Code Section 12-5-31,
relating to permits for withdrawal, diversion, or impoundment of surface waters
and monitoring, recording, and reporting of water withdrawal, and inserting in
lieu thereof the following:
"(n)(1)
As used in this subsection, the term:
(A)
'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee,
Oconee, Ogeechee, St.
Marýs,
Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin.
(B)
'Basin of origin' means the basin from which the withdrawal, diversion, or
pumping of surface waters occurs.
(C)
'Critical needs' means temporary, short-term needs for water such as those due
to equipment failure, source contamination, or severe drought affecting public
health and safety.
(D)
'Interbasin transfer' means the withdrawal, diversion, or pumping of surface
waters from a point within any basin of origin and the discharge of all or any
part of that water into a different receiving basin by means of pipes,
pipelines, conduits, ditches, or canals; provided, however, interbasin transfer
shall not include the following:
(i)
Surface water transferred from one place to another in connection with mining,
conveying, processing, beneficiation, sale, or shipment of any mineral, as such
term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode
of transportation including but not limited to pipes, pipelines, conduits,
ditches, or canals; and
(ii)
Surface water contained in any intermediate or product shipped or transported
for further processing or for sale.
(E)
'Intrabasin transfer' means the withdrawal, diversion, or pumping of surface
waters from a point within a basin and discharge of all or any part of that
water at a different location in that basin by means of pipes, pipelines,
ditches, conduits, or canals; provided, however, intrabasin transfer shall not
include the following:
(i)
Surface water transferred from one place to another in connection with mining,
conveying, processing, beneficiation, sale, or shipment of any mineral, as such
term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode
of transportation including but not limited to pipes, pipelines, conduits,
ditches, or canals; and
(ii)
Surface water contained in any intermediate or product shipped or transported
for further processing or for sale.
(F)
'Receiving basin' means the basin into which the discharge of all or any part of
transferred water occurs.
(2)
It is the policy of this state to protect reasonable needs of both the basin of
origin and the receiving basin through the regulation of interbasin transfers.
It is also the policy of this state to protect the basin of origin through
regulation of intrabasin transfers. Accordingly,
in
In
the consideration of applications for
surface-water
withdrawal permits which if granted
on or after
the effective date of this subesection
would authorize
the
withdrawal and transfer of surface waters across natural
basins
an interbasin
or an intrabasin transfer, the director
shall be bound by the following requirements:
(1)(A)(i)
The director shall give due consideration to competing existing uses and
applications for permits which would not involve interbasin transfers of surface
waters and, subject to subsection (e) of this Code section, shall endeavor to
allocate a reasonable supply of surface waters to such users and
applicants;.
(ii)
The regulation of interbasin transfers shall be informed by scientific
knowledge, must respect natural systems, and must protect the basins of origin
and the receiving basins. In addition to those factors listed in subsection (e)
of this Code section, the director shall consider the following factors in
considering an application for an interbasin transfer permit:
(I)
The quantity of the proposed withdrawal and the stream flow of the basin of
origin, with special concern for low-flow conditions;
(II)
Protection of the present uses and consideration of projected stream uses of the
basin of origin, with special concern for low-flow conditions and the ecology of
the stream;
(III)
Protection of the water quality in the basin of origin, with special concern for
low-flow conditions;
(IV)
The economic feasibility, cost effectiveness, and environmental impacts of the
proposed permit in relation to alternative sources of water supply, including
the cumulative impacts of current and proposed interbasin transfers in the
basin;
(V)
The overall current water demand and the reasonably foreseeable future water
needs of the basin of origin;
(VI)
The supply of water presently available to the receiving basin, as well as the
overall current water demand and the reasonably foreseeable future water needs
of the receiving basin, including methods of water use, conservation, and
efficiency of use;
(VII)
The beneficial impact of any proposed transfer and the demonstrated capability
of the applicant to implement effectively its responsibilities under the
requested permit;
(VIII)
The nature of the
applicant́s
use of the water to determine whether the use is reasonable;
(IX)
Whether the applicant has implemented all reasonable efforts to promote
conservation;
(X)
Whether the proposed project requiring the interbasin transfer shall promote
conservation of water;
(XI)
The requirements of other state and federal agencies with authority relating to
water resources;
(XII)
The availability of water to respond to emergencies, including drought in the
basin of origin and in the receiving basin;
(XIII)
Whether the project shall have any beneficial or detrimental impact on
navigation, hydropower or other power generation, fish and wildlife habitats,
aesthetics, or recreation;
(XIV)
The quantity, quality, location, and timing of water returned to the basin of
origin, receiving basin, or a downstream basin;
(XV)
Climatic conditions;
(XVI)
Any offsetting increases in flow in the basin of origin that may be arranged
through permit conditions;
(XVII)
The number of downstream river miles from which water will be diverted as a
result of the transfer;
(XVIII)
Consultations with local governments affected by the proposed transfer and
use;
(XIX)
The correlation between surface water and ground water in the basin of origin
and whether the proposed use will be harmful to the supply of either or
both;
(XX)
Impact on interstate water use;
(XXI)
The cumulative effect on the basin of origin and the receiving basin of any
water transfer or consumptive water use that is authorized or projected;
and
(XXII)
Such other factors as are reasonably necessary to carry out the purposes of
Georgia law.
(iii)
Any person proposing to receive an interbasin transfer must be implementing a
water conservation plan approved by the director prior to the receipt of any
requested interbasin transfer.
(iv)
The director shall ensure that any interbasin transfer approved shall comply
with the requirements of the Board of Natural Resources for instream flow
protection in the basin of origin;
(B)
Any interbasin transfer that crosses more than two adjacent counties or
intrabasin transfer that crosses more than four adjacent counties is prohibited,
except for interbasin or intrabasin transfers that are part of a plan approved
by the division pursuant to Article 10 of this chapter, the 'Metropolitan North
Georgia Water Planning District Act,' to satisfy critical needs, or to provide
water within the lower Savannah and lower Ogeechee river basins within the 24
coastal counties identified in the
divisiońs
April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper
Floridan Aquifer of Southeast Georgia';
(C)
Any person who receives in one county an interbasin or intrabasin transfer of
water which originated in a second county is prohibited from transferring any or
all of such water by means of pipes, pipelines, conduits, ditches, or canals
into a third county, except for interbasin or intrabasin transfers that are part
of a plan approved by the division pursuant to Article 10 of this chapter, the
'Metropolitan North Georgia Water Planning District Act,' or except to satisfy
critical needs;
(D)
The provisions of subparagraphs (B) and (C) of this paragraph notwithstanding,
any new interbasin transfer of water withdrawn from the Etowah River upriver
from Lake Allatoona is prohibited on and after the effective date of this
subsection;
(E)
The exceptions provided for transfers pursuant to Article 10 of this chapter,
the 'Metropolitan North Georgia Water Planning District Act,' in subparagraphs
(B) and (C) of this paragraph shall not be considered in the development of or
included in any comprehensive state-wide water management plan adopted pursuant
to Article 8 of this chapter on or after the effective date of this subsection,
and such exceptions shall be inapplicable on and after the adoption of any such
plan; and
(2)(F)
The director shall provide a press release regarding the proposed issuance of
all
any
permits authorizing such interbasin transfer of surface waters to newspapers of
general circulation in all areas of the state which would be affected by such
issuance. The press release shall be provided at least
seven
30
days before the issuance of
these
any
such permits. If the director
should
determine
determines
that sufficient public interest warrants a public hearing on the issuance of
these
any
such permits, he
or
she shall cause such a hearing to be held
somewhere in the area affected prior to the issuance of
these
any
such
permits."
SECTION
2.
Said
chapter is further amended in Code Section 12-5-96, relating to permits to
withdraw, obtain, or use ground water; water conservation plans; factors to be
considered; notice of official acts; administrative hearings; and judicial
review, by inserting a new subsection to read as follows:
"(g.1)(1)
As used in this subsection, the term:
(A)
'Basin' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee,
Oconee, Ogeechee, St.
Marýs,
Satilla, Savannah, Suwannee, Tallapoosa, or Tennessee River basin.
(B)
'Basin of origin' means the basin from which the withdrawal, diversion, or
pumping of ground water occurs.
(C)
'Critical needs' means temporary, short-term needs for water such as those due
to equipment failure, source contamination, or severe drought affecting public
health and safety.
(D)
'Interbasin transfer' means the withdrawal, diversion, or pumping of ground
water from a point within or beneath any basin of origin and the discharge of
all or any part of that water into a different receiving basin by means of
pipes, pipelines, conduits, ditches, or canals; provided, however, interbasin
transfer shall not include the following:
(i)
Ground water transferred from one place to another in connection with mining,
conveying, processing, beneficiation, sale, or shipment of any mineral, as such
term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode
of transportation including but not limited to pipes, pipelines, conduits,
ditches, or canals; and
(ii)
Ground water contained in any intermediate or product shipped or transported for
further processing or for sale.
(E)
'Intrabasin transfer' means the withdrawal, diversion, or pumping of ground
water from a point within a basin and discharge of all or any part of that water
at a different location in that basin by means of pipes, pipelines, ditches,
conduits, or canals; provided, however, intrabasin transfer shall not include
the following:
(i)
Ground water transferred from one place to another in connection with mining,
conveying, processing, beneficiation, sale, or shipment of any mineral, as such
term is defined in paragraph (5) of Code Section 12-4-72, through whatever mode
of transportation including but not limited to pipes, pipelines, conduits,
ditches, or canals; and
(ii)
Ground water contained in any intermediate or product shipped or transported for
further processing or for sale.
(F)
'Receiving basin' means the basin into which the discharge of all or any part of
transferred water occurs.
(2)
It is the policy of this state to protect reasonable needs of both the basin of
origin and the receiving basin through the regulation of interbasin transfers.
It is also the policy of the state to protect the basin of origin through
regulation of intrabasin transfers. Accordingly, in the consideration of
applications for ground-water withdrawal permits which if granted on or after
the effective date of this subsection would authorize an interbasin or
intrabasin transfer, the director shall be bound by the following
requirements:
(A)(i)
The director shall give due consideration to competing existing uses and
applications for permits which would not involve interbasin transfers of ground
water and, subject to subsection (d) of this Code section, shall endeavor to
allocate a reasonable supply of ground water to such users and
applicants.
(ii)
The regulation of interbasin transfers shall be informed by scientific
knowledge, must respect natural systems, and must protect the basins of origin
and the receiving basins. In addition to those factors listed in subsection (d)
of this Code section, the director shall consider the following factors in
considering an application for an interbasin transfer permit:
(I)
The quantity of the proposed withdrawal with special concern for low-flow
conditions;
(II)
Protection of the present uses and consideration of projected ground-water uses
of the basin of origin, with special concern for low-flow conditions;
(III)
Protection of the water quality in the basin of origin, with special concern for
low-flow conditions;
(IV)
The economic feasibility, cost effectiveness, and environmental impacts of the
proposed permit in relation to alternative sources of water supply, including
the cumulative impacts of current and proposed interbasin transfers in the
basin;
(V)
The overall current water demand and the reasonably foreseeable future water
needs of the basin of origin;
(VI)
The supply of water presently available to the receiving basin, as well as the
overall current water demand and the reasonably foreseeable future water needs
of the receiving basin, including methods of water use, conservation, and
efficiency of use;
(VII)
The beneficial impact of any proposed transfer and the demonstrated capability
of the applicant to implement effectively its responsibilities under the
requested permit;
(VIII)
The nature of the
applicant́s
use of the water to determine whether the use is reasonable;
(IX)
Whether the applicant has implemented all reasonable efforts to promote
conservation;
(X)
Whether the proposed project requiring the interbasin transfer shall promote
conservation of water;
(XI)
The requirements of other state and federal agencies with authority relating to
water resources;
(XII)
The availability of water to respond to emergencies, including drought in the
basin of origin and in the receiving basin;
(XIII)
Reserved;
(XIV)
The quantity, quality, location, and timing of water returned to the basin of
origin or receiving basin;
(XV)
Climatic conditions;
(XVI)
Any offsetting increases in flow in the basin of origin that may be arranged
through permit conditions;
(XVII)
Reserved;
(XVIII)
Consultations with local governments affected by the proposed transfer and
use;
(XIX)
The correlation between surface water and ground water in the basin of origin
and whether the proposed use will be harmful to the supply of either or
both;
(XX)
Impact on interstate water use;
(XXI)
The cumulative effect on the basin of origin and the receiving basin of any
water transfer or consumptive water use that is authorized or projected;
and
(XXII)
Such other factors as are reasonably necessary to carry out the purposes of
Georgia law.
(iii)
Any person proposing to receive an interbasin transfer must be implementing a
water conservation plan approved by the director prior to the receipt of any
requested interbasin transfer.
(iv)
The director shall ensure that any interbasin transfer approved shall comply
with the requirements of the Board of Natural Resources for ground-water
protection in the basin of origin;
(B)
Any interbasin transfer that crosses more than two adjacent counties or
intrabasin transfer that crosses more than four adjacent counties is prohibited,
except to satisfy critical needs or to provide water within the lower Savannah
and lower Ogeechee river basins within the 24 coastal counties identified in the
divisiońs
April 23, 1997, 'Interim Strategy for Managing Salt Water Intrusion in the Upper
Floridan Aquifer of Southeast Georgia';
(C)
Any person who receives in one county an interbasin transfer of water which
originated in a second county is prohibited from transferring any or all of such
water by means of pipes, pipelines, conduits, ditches, or canals into a third
county, except to satisfy critical needs; and
(D)
The director shall provide a press release regarding the proposed issuance of
any permits authorizing such interbasin transfer of ground water to newspapers
of general circulation in all areas of the state which would be affected by such
issuance. The press release shall be provided at least 30 days before the
issuance of any such permits. If the director determines that sufficient
public interest warrants a public hearing on the issuance of any such permits,
he or she shall cause such a hearing to be held somewhere in the area affected
prior to the issuance of any such
permits."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.