08 AM
25 1123
Senators
Tarver of the 22nd, Jackson of the 24th and Powell of the 23rd offered the
following amendment:
Amend
the Senate Natural Resources and the Environment Committee substitute to HB 1226
by inserting before Section 3-4 the following:
SECTION
3-3B.
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)
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.
(3)
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)
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)
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)
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)
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."