Bill Text: GA HB368 | 2011-2012 | Regular Session | Introduced

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Bill Title: Agricultural Water Supply Protection Act; enact

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2011-03-01 - House Second Readers [HB368 Detail]

Download: Georgia-2011-HB368-Introduced.html

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11 LC 25 5803

House Bill 368

By: Representatives McCall of the 30th, Powell of the 29th, Roberts of the 154th, Burns of the 157th, England of the 108th, and others

A BILL TO BE ENTITLED
AN ACT

To provide for agricultural water supply protection; to provide a short title; to provide for legislative purposes; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to regulate interbasin transfers of water; to change certain provisions relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses, coordination with water plans, restrictions, and monitoring, recording, and reporting water withdrawals; to change certain provisions relating to a policy statement for comprehensive state-wide water management planning, guiding principles, and requirements of plans; to define certain terms; to provide for conditions under which interbasin transfers of water may be authorized; to provide factors to be considered with regard to water withdrawal permits involving interbasin transfers of water; to provide certain exemptions; to provide for effect on other restrictions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Agricultural Water Supply Protection Act."

SECTION 2.

The purpose of this Act is to protect supplies of water for agricultural and other uses through regulation of withdrawals, diversions, and reductions of water flows.

SECTION 3.

Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising paragraph (2) of subsection (n) of Code Section 12-5-31, relating to permits for withdrawal, diversion, or impoundment of surface waters generally and for farm uses, coordination with water plans, restrictions, and monitoring, recording, and reporting water withdrawals, as follows:

"(2) The director shall provide a press release regarding the proposed issuance of all permits any permit authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the this state which would be affected by such issuance. An identical notice shall also be posted on the department's Internet website. The press release and notice shall be provided at least seven 30 days before the issuance of these permits such permit, during which time the director shall receive public comment regarding the proposed permit. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits such permit, he or she shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits such permit."

SECTION 4.

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) The division shall make all water withdrawal permitting decisions in accordance with this chapter, the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article, and any applicable regional water development and conservation plan, including, but not limited to, restrictions, if any, on diversion from or reduction of flows in other watercourses in accordance with Code Section 12-5-522.1. 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 5.

Said chapter is further amended by adding a new Code section to read as follows:

"12-5-522.1.

(a) As used in this Code section, the term:

(1) 'Donor basin' means a river basin from which a withdrawal or diversion of water occurs in an interbasin transfer.

(2) '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.

(3) 'Raw water interbasin transfer' means an interbasin transfer of untreated water for treatment, use, and disposal in the receiving basin.

(4) '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.

(b)(1) Interbasin transfers may be permitted to meet water needs in areas facing limitations on their water resources, as indicated when the forecast consumption of water from a specific source approaches the defined consumptive use assessment, so long as the interbasin transfer does not unreasonably foreclose opportunities for water use in the donor basin.

(2) An application for a new or modified water withdrawal permit that would involve a new or increased raw water interbasin transfer shall not be granted until consumptive use assessments have been completed for the affected water sources, and water development and conservation plans which identify the need for such raw water interbasin transfers have been completed for the affected water planning regions.

(3) The director shall review and consider the factors listed in this paragraph in evaluating an application or a permit renewal for a water withdrawal permit that would allow an interbasin transfer of more than one million gallons of water per day as measured on an annual average basis. The director shall review and consider the factors listed in this paragraph in evaluating an application for a new or modified water withdrawal permit that would allow an interbasin transfer of less than one million gallons of water per day on an annual average basis if the county or water user is already transferring a cumulative average of one million gallons of water per day on an annual basis from any one river basin. The factors to be considered shall include:

(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 interbasin transfer; and

(vi) The connection between surface water and ground water in the donor basin and the effect of the proposed interbasin 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 effect of any proposed interbasin transfer and the demonstrated capability of the applicant to effectively implement its responsibilities under the requested permit;

(v) The effect of the proposed interbasin 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 interbasin 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 forecast; and

(ix) Such other factors as are reasonably necessary to carry out the purposes of this chapter.

(c) 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 subsection (b) of this Code section.

(d) Nothing in this Code section shall modify or in any way affect the provisions of subsection (f) of Code Section 12-5-584."

SECTION 6.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.