Bill Text: GA HB111 | 2011-2012 | Regular Session | Introduced
Bill Title: State-wide water management planning; change certain policy provisions
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-02-02 - House Second Readers [HB111 Detail]
Download: Georgia-2011-HB111-Introduced.html
11 LC
25 5754
House
Bill 111
By:
Representatives Buckner of the
130th,
Smith of the
131st,
Smyre of the
132nd,
Smith of the
129th,
and Hugley of the
133rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 8 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to comprehensive state-wide water management planning, so as
to change certain provisions relating to a policy statement for comprehensive
state-wide water management planning, guiding principles, and requirements of
plans; to regulate interbasin and intrabasin transfers of water; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
8 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating
to comprehensive state-wide water management planning, is 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
2.
Said
article 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)
'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.
(4)
'Raw water interbasin transfer' means an interbasin transfer of untreated water
for treatment, use, and disposal in the receiving basin.
(5)
'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 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 interbasin transfer of raw water 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
transfers have been completed for the affected water planning
regions.
(3)
In evaluating an application for a new or modified water withdrawal permit that
would involve a new or increased 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 forecast; and
(ix)
Such other factors as are reasonably necessary to carry out the purposes of this
chapter.
(4)
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.
(c)(1)
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.
(2)
If an application is made for a new or modified water withdrawal permit that
would involve a new or increased intrabasin transfer that is to cross the
jurisdictional boundaries of more than four counties, it 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 transfers have been completed for the affected water planning
regions.
(3)
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 be exempt from limitations on intrabasin
transfers provided by this
subsection."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.