Bill Text: NC H621 | 2011-2012 | Regular Session | Amended
Bill Title: Protect Landowner Water Rights
Spectrum: Moderate Partisan Bill (Republican 14-3)
Status: (Introduced - Dead) 2011-04-06 - Ref To Com On Environment [H621 Detail]
Download: North_Carolina-2011-H621-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 621
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Short Title: Protect Landowner Water Rights. |
(Public) |
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Sponsors: |
Representatives Gillespie, Langdon, Brisson, and Hill (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Environment. |
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April 6, 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 landowner 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 limit the exercise of such authority in favor of working with landowners and water users to encourage voluntary solutions to reducing 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 subject to a heightened standard of necessity and urgency any statutes or rules that interfere with the increased use of reclaimed and recycled water.(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 landowner water rights. – In carrying out its duty to protect water resources, the State shall first identify incentives, voluntary programs, and other non‑regulatory initiatives prior to exercising its 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) Landowner Water Rights Protected.
Except for authority granted to the Governor, Department, or Commission in Articles 21 and 38 of Chapter 143 of the General Statutes, neither the State nor any political subdivision of the State shall limit a landowner from withdrawing and using water from any of the following:
(1) A natural body of water abutting or located on the landowner's property.
(2) An impoundment constructed by or owned by the landowner.
(3) Wells constructed on the landowner's property.
(4) Other source of water on the landowner's property including, but not limited to, captured stormwater, springs, and artesian wells."
SECTION 3. G.S. 143‑355.3(f) reads as rewritten:
(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) A natural body of water abutting or located on the landowner's property.
(2) An impoundment constructed by or owned by the landowner.
(3) Wells constructed on the landowner's property.
(4) 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 activity described by G.S. 106‑581.1."
SECTION 4. G.S. 143‑215.25A(a) is amended by adding a new subsection to read:
"(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.
