08 LC
25 5080
House
Bill 982
By:
Representatives Buckner of the
130th,
Thomas of the
100th,
McKillip of the
115th,
Nix of the
69th,
Meadows of the
5th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 generally and for farm
use; to change certain provisions relating to permits to withdraw, obtaining, or
use of ground water; to change certain provisions relating to a policy statement
for comprehensive state-wide water management planning, guiding principles, and
requirements of plans; to provide an effective date; 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, relating to water resources, is
amended by revising subsection (e) of Code Section 12-5-31, relating to permits
for withdrawal, diversion, or impoundment of surface waters generally and for
farm use, as follows:
"(e)
Subject to subsection (g) of this Code section, the Board of Natural Resources
shall by rule or regulation establish a reasonable system of classification for
application in situations involving competing uses, existing or proposed, for a
supply of available surface waters. Such classifications shall be based upon
but not necessarily limited to the following factors:
(1)
The number of persons using the particular water source and the object, extent,
and necessity of their respective withdrawals, diversions, or
impoundments;
(2)
The nature and size of the water source;
(3)
The physical and chemical nature of any impairment of the water source adversely
affecting its availability or fitness for other water uses;
(4)
The probable severity and duration of such impairment under foreseeable
conditions;
(5)
The injury to public health, safety, or welfare which would result if such
impairment were not prevented or abated;
(6)
The kinds of businesses or activities to which the various uses are related and
the economic consequences;
(7)
The importance and necessity of the uses, including farm uses, claimed by permit
applicants and the extent of any injury or detriment caused or expected to be
caused to other water uses;
(8)
Diversion from or reduction of flows in other watercourses
in accordance
with any state-wide water plan provided by or pursuant to Article 8 of this
chapter;
(9)
The prior investments of any person in lands, and plans for the usage of water
in connection with such lands which plans have been submitted to the director
within a reasonable time after July 1, 1977, or, if for farm uses, after July 1,
1988; provided, however, that the granting of such permit shall not have
unreasonably adverse effects upon other water uses in the area, including
potential as well as present use; and
(10)
The varying circumstances of each case."
SECTION
2.
Said
chapter is further amended by revising subsection (n) of Code Section 12-5-31,
relating to permits for withdrawal, diversion, or impoundment of surface waters
generally and for farm use, as follows:
"(n)
In the consideration of applications for permits which if granted would
authorize the withdrawal and transfer of surface waters across natural basins,
the director shall be bound by
any factors
related thereto pursuant to Article 8 of this chapter
and the following
requirements:
(1)
The director shall give due consideration to competing existing uses and
applications for permits which would not involve interbasin transfers of surface
water and, subject to subsection (e) of this Code section, shall endeavor to
allocate a reasonable supply of surface waters to such users and applicants;
and
(2)
The director shall provide a press release regarding the proposed issuance of
all 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 days before the
issuance of these permits. If the director should determine that sufficient
public interest warrants a public hearing on the issuance of these permits, he
or
she shall cause such a hearing to be held
somewhere in the area affected prior to the issuance of these
permits."
SECTION
3.
Said
chapter is further amended by revising subsection (d) of Code Section 12-5-96,
relating to permits to withdraw, obtaining, or use of ground water, as
follows:
"(d)
In adopting any regulations pursuant to Code Section 12-5-95 and in considering
permit applications, revocations, or modifications under this Code section, the
Board of Natural Resources or the division shall consider:
(1)
The number of persons using an aquifer and the object, extent, and necessity of
their respective withdrawals or uses;
(2)
The nature and size of the aquifer;
(3)
The physical and chemical nature of any impairment of the aquifer adversely
affecting its availability or fitness for other water uses, including public
use;
(4)
The probable severity and duration of such impairment under foreseeable
conditions;
(5)
The injury to public health, safety, or welfare which would result if such
impairment were not prevented or abated;
(6)
The kinds of businesses or activities to which the various uses are
related;
(7)
The importance and necessity of the uses, including farm uses, claimed by permit
applicants under this Code section, or of the water uses of the area under Code
Section 12-5-95, and the extent of any injury or detriment caused or
expected to be caused to other water uses, including public use;
(8)
Diversion from or reduction of flows in other watercourses or aquifers
in accordance
with any state-wide water plan provided by or pursuant to Article 8 of this
chapter;
(9)
A regional water development conservation and sustainable use plan, where
applicable; and
(10)
Any other relevant factors."
SECTION
4.
Said
chapter is further amended by adding new subsections in Code
Section 12-5-522, relating to a policy statement for comprehensive
state-wide water management planning, guiding principles, and requirements of
plans, to read as follows:
"(c.1)(1)
As used in this subsection, the term:
(A)
'Donor basin' means a river basin from which a withdrawal or diversion of water
occurs in an interbasin transfer.
(B)
'Interbasin transfer' means a withdrawal or diversion of water from one river
basin followed by use or return of some or all of that water to a different
river basin.
(C)
'Intrabasin transfer' means a withdrawal or diversion of water from a point
within a subbasin within a river basin, followed by the use and discharge of
some portion of that water into a second subbasin within the same river
basin.
(D)
'Raw water interbasin transfer' means an interbasin transfer of untreated water
for treatment, use, and disposal in the receiving basin.
(E)
'Receiving basin' means a river basin to which all or a portion of water from
another river basin is diverted and returned in an interbasin
transfer.
(2)
Any state-wide water plan shall provide that, subject to the provisions of this
chapter, interbasin transfers may be permitted to meet water needs in areas
facing limitations on their water resources, as indicated when the forecasted
consumption of water from a specific source approaches the defined consumptive
use assessment, as long as the transfer does not unreasonably foreclose
opportunities for water use in the donor basin; provided, however, that raw
water interbasin transfers shall not be permitted.
(3)
Any state-wide water plan shall provide that interbasin transfers of water that
occur in connection with mining, conveying, processing, sale, or shipment of
minerals or other products transported for further processing or sale shall be
exempt from limitations on interbasin transfers provided by this
subsection.
(4)
Any state-wide water plan shall provide that interbasin transfers of raw water
shall not be permitted until consumptive use assessments have been completed for
the affected water sources and water development and conservation plans which
identify the need for such transfers have been completed for the affected water
planning regions.
(5)
Any state-wide water plan shall provide that, in evaluating a permit application
for a new interbasin transfer, the director shall review and
consider:
(A)
Donor basin considerations, including but not limited to:
(i)
The quantity of the proposed withdrawal and the stream flow of the donor basin,
with special consideration for dry years and low-flow conditions;
(ii)
The current and reasonably foreseeable future water needs of the donor basin,
with special consideration for dry years and low-flow conditions;
(iii)
Protection of water quality in the donor basin, with special consideration for
dry years and low-flow conditions;
(iv)
Any offsetting increases in flow in the donor basin that may be arranged through
permit conditions;
(v)
The number of downstream river miles from which water will be diverted as a
result of the transfer; and
(vi)
The connection between surface water and ground water in the donor basin, and
the effect of the proposed transfer on either or both;
(B)
Receiving basin considerations, including but not limited to:
(i)
Determination of whether or not the applicant´s proposed use is reasonable,
including consideration of whether the applicant has implemented water
conservation practices and achieved reasonable water conservation
goals;
(ii)
Assessment of the waste-water treatment capacity of the receiving
basin;
(iii)
The supply of water presently available to the receiving basin as well as the
estimates of overall current water demand and the reasonable foreseeable future
water needs of the receiving basin;
(iv)
The beneficial impact of any proposed transfer and the demonstrated capability
of the applicant to effectively implement its responsibilities under the
requested permit;
(v)
The impact of the proposed transfer on water conservation;
(vi)
The applicant´s efforts to explore all reasonable options for use of
reclaimed water and recycling of available resources to meet the needs of the
receiving basin; and
(vii)
Assessment of the adequacy of treatment capacity and current water quality
conditions; and
(C)
Considerations affecting both basins, including but not limited to:
(i)
The economic feasibility, cost effectiveness, and environmental effects of the
proposed transfer in relation to alternative sources of water
supply;
(ii)
The cumulative effects of the current and proposed interbasin transfers in each
basin;
(iii)
The requirements of the state and federal agencies with authority related to
water resources;
(iv)
The availability of water for responding to emergencies, including but not
limited to drought, in the donor basin and the receiving basin;
(v)
The effects, whether beneficial or detrimental, on offstream and instream
uses;
(vi)
The quantity, quality, location, and timing of water returned to the donor
basin, receiving basin, and basins downstream;
(vii)
Effects on interstate water use;
(viii)
The cumulative effect on the donor basin and the receiving basin of any water
transfer or consumptive use that is authorized or forecasted; and
(ix)
Such other factors as are reasonably necessary to carry out the purposes of this
chapter.
(c.2)(1)
Any state-wide water plan shall provide that, subject to the provisions of this
chapter, intrabasin transfers may continue to be undertaken to meet such
practical water needs as are necessary for a water provider to meet the
reasonable needs of users within its service area. If a new intrabasin transfer
is to cross the jurisdictional boundaries of more than four counties, it shall
not be permitted until consumptive use assessments have been completed for the
affected water sources and water development and conservation plans which
identify the need for such transfers have been completed for the affected water
planning regions.
(2)
Any state-wide water plan shall provide that intrabasin transfers of water that
occur in connection with mining, conveying, processing, sale, or shipment of
minerals or other products transported for further processing or sale shall
continue to be permitted."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.