Bill Text: NC S492 | 2011-2012 | Regular Session | Amended
Bill Title: Protect Landowner Water Rights
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-06-16 - Re-ref Com On Environment [S492 Detail]
Download: North_Carolina-2011-S492-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 492
Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/8/11
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Short Title: Protect Landowners' Water Rights. |
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Referred to: |
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April 4, 2011
A BILL TO BE ENTITLED
AN ACT to enhance the protection of landowners' water rights and to exempt agricultural ponds from the Dam safety act.
The General Assembly of North Carolina enacts:
SECTION 1. Article 38 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑350.1. Declaration of policy.
The following principles constitute the water resources policy of the State. In rendering administrative and judicial determinations regarding water use, the State and any political subdivision of the State shall be governed by these principles.
(1) Water resources protected. – Access to and the ability to use water resources is critical in preserving North Carolina's rich heritage as a societal, economic, environmental, educational, and cultural leader. Protection of these resources is a priority of the State.
(2) Protection of water will include voluntary initiatives. – The State will utilize a combination of regulatory and voluntary programs to ensure the protection of water resources and the preservation of landowners' water rights. Recognizing certain authority of the State to regulate water use in Articles 21 and 38 of Chapter 143 of the General Statutes, the intent of the State is to limit the exercise of such authority in favor of working with landowners and water users to encourage voluntary solutions to reduce water use.
(3) Encourage conservation and efficiency. – The State will examine, promote, and implement programs that provide incentives for water users to conserve water and increase water use efficiency.
(4) Encourage increased storage capacity. – The State will examine and seek to eliminate regulatory impediments to increased development of water resources and storage structures, including wells, ponds, reservoirs, and other impoundments.
(5) Encourage reuse. – The State will encourage the adoption of programs that facilitate the increased use of reclaimed water and recycled water and will subject any statutes or rules that could possibly interfere with the increased use of reclaimed water and recycled water to a heightened standard of necessity and urgency.(6) Recognize roles of landowners. – The State will promote practices, projects, and programs that encourage landowners to conserve and protect water resources.
(7) Preservation of landowners' water rights. – In carrying out its duty to protect water resources, the State shall first identify incentives, voluntary programs, and other nonregulatory initiatives prior to exercising its regulatory authority under Articles 21 and 38 of Chapter 143 of the General Statutes."
SECTION 2. G.S. 143‑215.22 reads as rewritten:
"§ 143‑215.22. Law of riparian rights not changed.
(a) Nothing contained in this Part shall change or modify existing common or statutory law with respect to the relative rights of riparian owners concerning the use of surface water in this State.
(b) Landowners' Water Rights Protected. – Except for the authority granted to the Governor, the Department, or the Commission under Articles 21 and 38 of Chapter 143 of the General Statutes, the Commission under Part 4 of Article 7 of Chapter 143B of the General Statutes, and the Commission for Public Health under Article 10 of Chapter 130A of the General Statutes, neither the State nor any political subdivision of the State shall adopt rules or ordinances to limit a landowner from withdrawing and using water as otherwise allowed under the common or statutory law of the State from any of the following:
(1) An impoundment constructed by or owned by the landowner.
(2) Wells constructed on the landowner's property.
(3) Other source of water on the landowner's property, including, but not limited to, captured stormwater, springs, and artesian wells.
(c) Nothing in this section shall be construed to limit the enforcement of State or local laws designed to limit the use or installation of wells for withdrawals in areas with groundwater contamination or to limit the enforcement of State water quality standards."
SECTION 3. G.S. 143‑355.3 is amended by adding a new subsection to read:
"(f) Nothing in this section shall limit a landowner from withdrawing water for use in agricultural activities, when such water is withdrawn from any of the following:
(1) An impoundment constructed by or owned by the landowner.
(2) Wells constructed on the landowner's property.
(3) Other natural source of water on the landowner's property, including, but not limited to, captured stormwater, springs, and artesian wells.
As used in this section, "agricultural activities" shall be defined as any activities described by G.S. 106‑581.1."
SECTION 4. G.S. 143‑215.25A(a) reads as rewritten:
"(a) Except as otherwise provided in this Part, this Part does not apply to any dam:
(1) Constructed by the United States Army Corps of Engineers, the Tennessee Valley Authority, or another agency of the United States government, when the agency designed or approved plans for the dam and supervised its construction.
(2) Constructed with financial assistance from the United States Soil Conservation Service, when that agency designed or approved plans for the dam and supervised its construction.
(3) Licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Commission.
(4) For use in connection with electric generating facilities regulated by the Nuclear Regulatory Commission.
(5) Under a single private ownership that provides protection only to land or other property under the same ownership and that does not pose a threat to human life or property below the dam.
(6) That is less than 15 25 feet in
height or that has an impoundment capacity of less than 10 50 acre‑feet,
unless the Department determines that failure of the dam could result in loss
of human life or significant damage to property below the dam.
(7) Constructed for the purpose of providing water for agricultural use, when a person who is licensed as a professional engineer under Chapter 89C of the General Statutes designed or approved plans for the dam and supervised its construction."
SECTION 5. This act is effective when it becomes law. The exemption modified in subdivision (6) of G.S. 143‑215.25A(a) and the exemption established in subdivision (7) of G.S. 143‑215.25A(a), as amended by Section 4 of this act, shall apply retroactively to any dam that is subject to any enforcement action that has not been resolved as of June 1, 2011.
