08 LC
25 5079
House
Bill 996
By:
Representatives Buckner of the
130th,
Thomas of the
100th,
McKillip of the
115th,
Hugley of the
133rd,
and Porter of the
143rd
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 rules and
regulations relative to water conservation plans; 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 Code Section 12-5-4, relating to rules and
regulations relative to water conservation plans, as follows:
"12-5-4.
(a)
The Board of Natural Resources shall adopt rules and regulations relating to the
conduct, content, and submission of the water conservation plans required by
Code Sections 12-5-31 and 12-5-96.
(b)
The director of the Environmental Protection Division of the Department of
Natural Resources shall appoint a task force to assist in the writing of the
rules and regulations required by subsection (a) of this Code section. The task
force shall have 12 members. Three members shall represent the business and
industry community, three shall represent the agriculture industry, three shall
represent local governments, and three shall represent environmental and
citizens groups. The members of the task force shall serve without compensation
or reimbursement of expenses. The task force shall disband upon the adoption by
the Board of Natural Resources of the rules and regulations provided for in
subsection (a) of this Code section.
Reserved."
SECTION
2.
Said
chapter is further 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
3.
Said
chapter is further amended by revising subsection (h) of Code Section 12-5-31,
relating to permits for withdrawal, diversion, or impoundment of surface waters
generally and for farm use, as follows:
"(h)
Except for applications filed pursuant to paragraph (3) of subsection (a) of
this Code section, permits may be granted for any period of time not less than
ten years, unless the applicant requests a shorter period of time, nor more than
50 years. The director may base the duration of such permits on any reasonable
system of classification based upon but not necessarily limited to such factors
as source of supply and type of use. In evaluating any application for a permit
for the use of water
for a
period of 25 years or more, the director
shall evaluate the condition of the water supply to assure that the supply is
adequate to meet the multiple needs of the citizens of the state as can
reasonably be projected for the term of the permit and ensure that the issuance
of such permit is based upon
a
water development and conservation
plan
plans
for the applicant
or
and
for the region
in accordance
with Article 8 of this chapter. Such
water development and conservation
plan
plans
for the applicant
or
and
for the region shall promote the conservation and reuse of water within the
state, guard against a shortage of water within the state, promote the efficient
use of the water resource, and be consistent with the public welfare of the
state, in
accordance with Article 8 of this chapter.
The board shall promulgate regulations for implementation of this subsection,
including provisions for review of such permits periodically or upon a
substantial reduction in average annual volume of the water resource which
adversely affects water supplies to determine that the permittee continues in
compliance with the conditions of the permit and that the plan continues to meet
the overall supply requirements for the term of the permit.
In the
event the director determines that a regional plan is required in connection
with any application for a permit for the use of water for a period of 25 years
or more, the division or a person or entity designated by the division may
develop such a plan.
Regional water
plans shall be developed in accordance with Article 8 of this
chapter. Such regional
plan
plans
shall include water development, conservation, and sustainable use and shall be
based upon detailed scientific analysis of the water source, the projected
future condition of the resource, current demand, and estimated future demands
on the
resource, in
accordance with Article 8 of this
chapter."
SECTION
4.
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
5.
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
6.
Said
chapter is further amended by revising subsection (e) of Code Section 12-5-96,
relating to permits to withdraw, obtaining, or use of ground water, as
follows:
"(e)
The
division or a party designated by the division may develop a
regional
Regional
water development and conservation
plan
plans
for the state´s major aquifers or any portion thereof
shall be
developed in accordance with Article 8 of this
chapter. Such
plan
plans
shall include water development, conservation, and sustainable use and shall be
based on detailed scientific analysis of the aquifer, the projected future
condition of the aquifer, and current demand and estimated future demands on the
aquifer, in
accordance with Article 8 of this chapter.
Such
plan
plans
shall serve to promote the conservation and reuse of water within the state,
guard against a shortage of water within the state and
each
region, and promote the efficient use of the water resource and shall be
consistent with the general welfare and public interest of the state as provided
in Code Section
12-5-91, in
accordance with Article 8 of this chapter.
Upon adoption of a regional plan, all permits issued by the division shall be
consistent with such plan. The term of any permit and all provisions of any
permit for which an application for renewal is made prior to the completion of
any regional plan shall be extended at least until the completion of such plan.
Applications for new permits shall be subject to review by the division and the
division may issue such permits as appropriate pending completion of a regional
plan."
SECTION
7.
Said
chapter is further amended by revising subsections (d) and (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:
"(d)
The proposed comprehensive state-wide water management plan may include a
process for creating draft river basin management plans and draft ground-water
management plans and how such plans are finalized and revised,
including the
required contents of such plans and how
the public may participate in the creation and revision of such
plans.
(d.1)(1)
For each water planning region, there shall be a water planning council
designated to oversee preparation of a regional water development and
conservation plan for such region. Each water planning council shall have no
more than 25 members and three alternates, each of whom shall be a resident of
his or her respective water planning region, except as otherwise provided by
subparagraph (B) of paragraph (2) of this subsection. Each council shall be
broadly representative to include persons representing agriculture, forestry,
industry, commerce, local governments, water utilities, regional development
centers, tourism, recreation, and the environment.
(2)(A)
The Governor shall appoint not more than four members and the Lieutenant
Governor and Speaker of the House shall each appoint not more than two members,
and all of such appointees shall be members of local governing authorities of
counties or municipalities within the respective water planning region. The
Governor, Lieutenant Governor, and Speaker of the House of Representatives shall
also each select an alternate member who is a member of a governing authority of
a county or municipality within the respective water planning region and who
shall be eligible to attend all meetings and vote if needed to establish a
quorum. In addition, the Lieutenant Governor and Speaker of the House of
Representatives shall each appoint a nonvoting advisory member from among the
membership of the Senate and the House of Representatives,
respectively.
(B)(i)
The director shall appoint not more than 17 members from among such persons who
are nominated by those members of the General Assembly whose districts lie in
whole or in part within the respective planning region. Not more than seven of
such appointees shall be representatives of local industry or business within
the water planning region. Not more than ten of the director´s
appointments shall be persons having practical, technical, or professional
training or experience with water resources.
(ii)
The provisions of division (i) of this subparagraph notwithstanding, if there
are insufficient numbers of qualified nominees, then the director may appoint
such qualified persons as may be necessary from outside the region.
(3)
Members and alternate members of water planning councils shall have three-year
terms with reappointment at the pleasure of the initial appointing authority;
provided, however, that terms of legislative advisory members shall coincide
with their terms as members of the General Assembly. In the event of a vacancy,
the official who made the initial appointment shall appoint a replacement to
serve the remainder of the unexpired term.
(e)
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.
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
8.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.