08 LC
25 5092
House
Bill 1009
By:
Representatives Hanner of the
148th
and Royal of the
171st
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 prohibit certain intrabasin transfers of water; to
define certain terms; 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 Annotated, relating to water
resources, is amended by revising subsections (e) and (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:
"(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 Article 8 of this chapter or any state-wide water plan provided pursuant
thereto;
(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."
"(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 under Article 8 of this chapter or any state-wide water plan
provided pursuant thereto 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
2.
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 Article 8 of this chapter or any state-wide water plan provided pursuant
thereto;
(9)
A regional water development conservation and sustainable use plan, where
applicable; and
(10)
Any other relevant factors."
SECTION
3.
Said
chapter is further amended by revising subsection (e) of Code
Section 12-5-522, relating to a policy statement for comprehensive
state-wide water management planning, guiding principles, and requirements of
plans, as follows:
"(e)(1)
As used in this subsection, the term:
(A)
'Basin' means the land area that drains into a river.
(B)
'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.
(C)
'River' means the Altamaha, Chattahoochee, Coosa, Flint, Ochlockonee, Ocmulgee,
Oconee, Ogeechee, Satilla, Savannah, St. Marys, Suwannee, Tallapoosa, or
Tennessee river.
(2)
The division shall make all water withdrawal permitting decisions in accordance
with this chapter and the comprehensive state-wide water management plan that
has been approved or enacted by the General Assembly as provided by this
article,
including but not limited to restrictions, if any, on diversion from or
reduction of flows in other watercourses; provided, however, that any water
withdrawal permit applied for on or after the effective date of this subsection
shall not be granted if such permit would involve any intrabasin transfer of
water through more than four adjacent counties anywhere in this state, including
without limitation the county of withdrawal and the receiving
county. Any political subdivision or local
water authority that is not in compliance with the plan shall be ineligible for
state grants or loans for water projects, except for those projects designed to
bring such political subdivision or local water authority into compliance with
the plan."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.