Bill Text: NJ S1162 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes Office of Agricultural Water Usage Assistance and requires DEP to consult with that office regarding water usage certification for farmland.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-04 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S1162 Detail]
Download: New_Jersey-2010-S1162-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Establishes Office of Agricultural Water Usage Assistance and requires DEP to consult with that office regarding water usage certification for farmland.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning water usage certifications for agricultural or horticultural purposes, establishing the Office of Agricultural Water Usage Assistance, amending P.L.1981, c.262, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L. 1981, c.262 (C.58:1A-6) is amended to read as follows:
6. a. The department in developing the permit system established by P.L.1981, c.262 (C.58:1A-1 et al.) shall:
(1) Permit privileges previously allowed pursuant to lawful legislative or administrative action, except that the department may, after notice and public hearing, limit the exercise of these privileges to the extent currently exercised, subject to contract, or reasonably required for a demonstrated future need. All diversion permits issued by the Water Policy and Supply Council prior to August 13, 1981 shall remain in effect until modified by the department pursuant to P.L.1981, c.262 (C.58:1A-1 et al.). Persons having or claiming a right to divert more than 100,000 gallons of water per day pursuant to prior legislative or administrative action, including persons previously exempted from the requirement to obtain a permit, shall renew that right by applying for a diversion permit, or water usage certification, as the case may be, no later than February 9, 1982. Thereafter, the conditions of the new diversion permit or water usage certification shall be deemed conclusive evidence of such previously allowed privileges.
(2) Require any person diverting 100,000 or more gallons of water per day for agricultural or horticultural purposes to obtain approval of the appropriate county agricultural agent of a five-year water usage certification program. This approval shall be based on standards and procedures established by the department in consultation with the Office of Agricultural Water Usage Assistance in the Department of Agriculture, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and the county agricultural agents . This program , including the standards and procedures established by the department in consultation with the Office of Agricultural Water Usage Assistance, shall include , recognize, and respect the right to construct, repair or reconstruct dams or other structures, the right to divert water for irrigation, frost protection, harvesting and other agriculturally-related purposes, including aquaculture, and the right to measure the amount of water diverted by means of a log or other appropriate record, and shall be obtained in lieu of any permit which would otherwise be required by P.L.1981, c.262 (C.58:1A-1 et al.).
Upon recommendation of the county agricultural agent, the department shall approve a water usage certification for any person seeking to divert 100,000 or more gallons of water per day for agricultural or horticultural purposes on farmland that satisfies the eligibility criteria for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
In no event shall the department require an applicant for a water usage certification or the county agricultural agent to submit a copy of the application to the Delaware River Basin Commission unless and until all the other states in the Delaware River Basin Compact, P.L.1961, c.13 (C.32:11D-1 et seq.), adopt similar reporting requirements, as determined by the department.
(3) Require any person diverting more than 100,000 gallons per day of any waters of the State or proposing to construct any building or structure which may require a diversion of water to obtain a diversion permit. Prior to issuing a diversion permit, the department shall afford the general public with reasonable notice of a permit application, and with the opportunity to be heard thereon at a public hearing held by the department.
b. In exercising the water supply management and planning functions authorized by P.L.1981, c.262 (C.58:1A-1 et al.), particularly in a region of the State where excessive water usage or diversion present undue stress, or wherein conditions pose a significant threat to the long-term integrity of a water supply source, including a diminution of surface water supply due to excess groundwater diversion, the commissioner shall, after notice and public hearing as provided by and required pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), designate that region as an area of critical water supply concern.
In designating an area of critical water supply concern, the department shall be required to demonstrate that the specific area is stressed to a degree which jeopardizes the integrity and viability of the water supply source or poses a threat to the public health, safety, or welfare. This designation shall conform to and satisfy the criteria of an area of critical water supply concern as defined in rules and regulations adopted by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
Those specific areas previously designated by the department as water supply critical and margin areas, considered as Depleted or Threatened Zones, respectively, prior to the effective date of P.L.1993, c.202 shall be considered to be areas of critical water supply concern for the purposes of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.).
c. In designated areas of critical water supply concern, the department, in consultation with affected permittees and local governing bodies and after notice and public hearing, shall:
(1) study water supply availability;
(2) estimate future water supply needs;
(3) identify appropriate and reasonable alternative water supply management strategies;
(4) select and adopt appropriate water supply alternatives; and
(5) require affected permittees to prepare water supply plans consistent with the adopted water supply management alternatives.
d. Following implementation of the adopted water supply management alternatives, the department shall monitor water levels and water quality within the designated area of critical water supply concern to determine the effectiveness of the alternative water supply management strategies selected. If the department determines that the alternatives selected are not effective in protecting the water supply source of concern, the department may revise the designation and impose further restrictions in accordance with the procedures set forth in this section. The results of all monitoring conducted pursuant to this section shall be reported to all affected permittees on an annual basis.
e. Nothing in P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) shall prevent the department from including, or require the department to include, the presently non-utilized existing privileges in any new, modified or future diversion permit issued to the present holder of these privileges, except as otherwise expressly provided in subsection b. of section 7 of P.L.1981, c.262 (C.58:1A-7).
(cf: P.L.1997, c.236, s.30)
2. (New section) There is established in the Department of Agriculture the Office of Agricultural Water Usage Assistance. The office shall consult with the Department of Environmental Protection concerning the department's administration of the water usage certification program established pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) to assure that the rights of any person diverting water for agricultural or horticultural purposes are recognized and protected. The office shall also provide technical assistance to any person diverting water for such purposes to obtain a water usage certification and the renewal thereof and any other authorizations that may be required.
3. Section 7 of P.L.1981, c.262 (C:58:1A-7) is amended to read as follows:
7. a. A person shall not divert more than 100,000 gallons per day of any waters of the State or construct any building or structure which may require a diversion of water unless the person obtains a diversion permit or water usage certification, as appropriate, pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6).
b. Every diversion permit issued or water usage certification approved pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6) shall be renewed by the department , in consultation with the Office of Agricultural Water Usage Assistance or the county agricultural agent as appropriate, upon the expiration thereof, with any conditions deemed appropriate by the department, for the same quantity of water, except that the department may, after notice and public hearing, limit that quantity to the amount currently diverted, subject to contract, or reasonably required for a demonstrated future need. In designated areas of critical water supply concern, the department may, after notice and public hearing, modify the conditions of an existing diversion permit or water usage certification in order to (1) limit or reduce the quantity of water which lawfully may be diverted to the safe or dependable yield of the resource; (2) transfer the point of diversion; or (3) require a permittee to utilize alternate sources of water, upon a determination that the existing diversion or continued use of the same source in excess of the safe and dependable yield, as the case may be, adversely impacts or threatens to adversely impact the water resources of the State.
c. For any surface water or ground water source or area of the State that the department determines to be approaching conditions that may require the commissioner to designate that region as an area of critical water supply concern, and that meets the criteria established pursuant to subsection d. of this section, the department , in consultation with the Office of Agricultural Water Usage Assistance or the county agricultural agent as appropriate, may, after notice and opportunity for public hearing, issue a temporary diversion permit which may be modified or terminated to any person seeking a new or modified permit to divert any waters of the State or to construct any building or structure or commence any activity which may require a diversion permit or water usage certification, as appropriate, pursuant to section 6 of P.L.1981, c.262 (C.58:1A-6).
The duration of any temporary permit issued by the department pursuant to this subsection shall be for no longer than five years. The department may alter the conditions or amount of water allowed to be diverted, terminate the permit or renew the temporary permit for a subsequent term.
For the duration of the temporary permit issued by the department pursuant to this subsection, the permittee shall actively seek an alternative for the permittee's long-term water supply needs which, in the department's opinion, may be viable for the permittee to replace the previously allowable diversion amount.
Whenever the department terminates or modifies the conditions of a temporary permit, the department shall provide adequate advance notice to the permittee of the department's intentions and the rationale therefor. The department's rationale may include, but need not be limited to, an explanation of the status of watershed and water supply planning and infrastructure conditions and improvement initiatives for surface water or ground water sources or areas and alternatives which, in the department's opinion, may be viable for the permittee to replace the previously allowable diversion amount. These alternatives may include, but need not be limited to, reuse of treated wastewater effluent or other alternatives approved by the department.
Nothing herein shall alter the authority of the department to administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) or any rules, regulations and orders adopted, issued or effective thereunder pertaining to designated areas of critical water supply concern.
Any procedures or requirements necessary to implement the provisions of this subsection shall be contained in rules and regulations adopted by the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
d. The department may issue a temporary permit pursuant to subsection c. of this section only when the proposed diversion, construction or activity is intended to serve the long-term water supply needs of the permittee and water users of Salem or Gloucester counties.
(cf: P.L.2001, c.319, s.7)
4. This act shall take effect on the 180th day after the date of enactment, but the Commissioner of Environmental Protection and the Secretary of Agriculture may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would establish the Office of Agricultural Water Usage Assistance in the Department of Agriculture and require the Department of Environmental Protection to consult with that office and the county agricultural agents in the administration of the water usage certification program for agricultural or horticultural purposes on farmland.
Under current law, a water usage certification is required for diversions of 100,000 or more gallons of water per day for agricultural or horticultural purposes. The Office of Agricultural Water Usage Assistance would consult with the Department of Environmental Protection concerning the water usage certification program and provide technical assistance to those diverting water for agricultural or horticultural purposes.
