Bill Text: GA HB984 | 2011-2012 | Regular Session | Introduced

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Bill Title: Conservation and Natural Resources; permits for interbasin transfers only be granted as last resort; require

Spectrum: Slight Partisan Bill (Republican 4-1-1)

Status: (Introduced - Dead) 2012-02-17 - House Second Readers [HB984 Detail]

Download: Georgia-2011-HB984-Introduced.html

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12 LC 39 0007

House Bill 984

By: Representatives Buckner of the 130th, Smith of the 131st, Roberts of the 154th, McBrayer of the 153rd, McCall of the 30th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to riparian rights regulations and permits, so as to require that permits allowing for interbasin transfers only be granted as a last resort; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 12-5-31 of the Official Code of Georgia Annotated, relating to riparian rights regulations and permits, is amended by revising subsection (n) as follows:

"(n) No permit authorizing the withdrawal and transfer of surface waters across natural basins shall be granted unless the director determines that no other reasonable methods for obtaining water are available. In the consideration of applications for such interbasin transfer 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 under Article 8 of this chapter or any state-wide water plan provided pursuant thereto 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 2.

All laws and parts of laws in conflict with this Act are repealed.