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03 HB 579/AP
House Bill 579 (AS PASSED HOUSE
AND SENATE)
By: Representative McCall of the 78th
By: Representative McCall of the 78th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 2-6-27 of the Official Code of Georgia
Annotated, relating to additional duties and powers of the State Soil and Water
Conservation Commission, so as to provide for certain powers and duties related
to water resources; to amend Chapter 5 of Title 12 of the Official Code of
Georgia Annotated, relating to water resources, so as to provide for programs
for measuring certain farm uses of water; to change certain provisions relating
to permits for withdrawal, diversion, or impoundment of surface waters and
monitoring, recording, and reporting water withdrawn by certain irrigation
systems; to change certain provisions relating to permits for farm uses, notice
of transfer or modification in use or capacity, nonuse, suspension or
modification, priority uses, and effect on existing common or statutory law; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 2-6-27 of the Official Code of Georgia
Annotated, relating to additional powers and duties of the State Soil and Water
Conservation Commission, is amended by inserting a new paragraph to read as
follows:
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105;"
"(7.1) To formulate such rules and regulations and to exercise such powers as are necessary to perform its duties under subsection (m.1) of Code Section 12-5-31 and subsection (b.1) of Code Section 12-5-105;"
SECTION 2.
Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to water resources, is amended by striking subsection (m) of
Code Section 12-5-31, relating to permits for withdrawal, diversion, or
impoundment of surface waters and monitoring, recording, and reporting water
withdrawn by certain irrigation systems, and inserting in lieu thereof the
following:
"(m)Except for farm use permits issued pursuant to paragraph (3) of
subsection (a) of For all permits, including without limitation
farm use permits, issued under this Code section, whenever required to carry
out the objectives of this Code section, including but not limited to
determining whether or not any person is in violation of any provision of this
Code section or any rule or regulation promulgated pursuant
hereto to this Code section; encouraging or ensuring
compliance with any provision of this Code section or any rule or regulation
promulgated pursuant hereto to this Code section;
determining whether or not any person is in violation of any permit condition;
or establishing a data bank on the usage of surface waters in a particular area
or areas of this state, the director may by order, permit, or otherwise, in
writing, require any person holding a permit under this Code section, or any
other person who the director reasonably believes is withdrawing, diverting, or
impounding surface waters in violation of the permitting requirements of this
Code section, to:
(1) Establish and maintain records;
(2) Make reports;
(3) Install, use, and maintain monitoring equipment or methods; and
(4) Provide such other information as the director may reasonably require.
Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same.
(m.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsection (m) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings.
(2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties;
(B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;
(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission;
(D) May charge any permittee the commission´s reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and
(E) Shall issue an annual progress report on the status of water-measuring device installation.
(3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a water-measuring device by the commission.
(4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission.
(5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection.
(6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses."
"(m)
(1) Establish and maintain records;
(2) Make reports;
(3) Install, use, and maintain monitoring equipment or methods; and
(4) Provide such other information as the director may reasonably require.
Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same.
(m.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsection (m) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings.
(2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties;
(B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;
(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission;
(D) May charge any permittee the commission´s reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and
(E) Shall issue an annual progress report on the status of water-measuring device installation.
(3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a water-measuring device by the commission.
(4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission.
(5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection.
(6) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses."
SECTION 3.
Said chapter is further amended by striking subsection (b)
of Code 12-5-105, relating to permits for farm uses, notice of transfer or
modification in use or capacity, nonuse, suspension or modification, priority
uses, and effect on existing common or statutory law, and inserting in lieu
thereof the
following:
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph(10) (5.1) of
Code Section 12-5-92, whether for new withdrawals or under subsection (a) of
this Code section, shall be governed as follows:
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall haveno annual reporting requirements and no term and may
be transferred or assigned to subsequent owners of the lands which are the
subject of such permit; provided, however, that the division shall receive
written notice of any such transfer or assignment, and any modification in the
use or capacity conditions contained in the permit or in the lands which are the
subject of such permit shall require the permittee to submit an application for
review and approval by the director consistent with the requirements of this
part;
(2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse;
(3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use;
(4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and
(5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.
(b.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings.
(2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties;
(B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;
(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission;
(D) May charge any permittee the commission´s reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and
(E) Shall issue an annual progress report on the status of water-measuring device installation.
(3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a water-measuring device by the commission.
(4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission.
(5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection.
(6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses."
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph
(1) A permit issued, modified, or amended after July 1, 2003, for farm uses shall have
(2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse;
(3) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use;
(4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and
(5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.
(b.1)(1) The State Soil and Water Conservation Commission shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of paragraph (1) of subsection (b) of this Code section, and improving water conservation. Accordingly, the State Soil and Water Conservation Commission shall on behalf of the state purchase, install, operate, and maintain water-measuring devices for farm uses that are required by this Code section to have permits. As used in this paragraph, the term 'operate' shall include reading the water-measuring device, compiling data, and reporting findings.
(2) For purposes of this subsection, the State Soil and Water Conservation Commission:
(A) May conduct its duties with commission staff and may contract with other persons to conduct any of its duties;
(B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties;
(C) In consultation with the director, shall develop a priority system for installation of water-measuring devices for farm uses that have permits as of July 1, 2003. The commission shall, provided that adequate funding is received, install and commence operation and maintenance of water-measuring devices for all such farm uses by July 1, 2009; provided, however, that the commission shall not install a water-measuring device on any irrigation system for such a farm use if such irrigation system is equipped with a meter as of July 1, 2003, and such meter is determined by the commission to be properly installed and operable, but any subsequent replacement or maintenance of such an irrigation system that necessitates replacement of such meter shall necessitate installation of a water-measuring device by the commission;
(D) May charge any permittee the commission´s reasonable costs for purchase and installation of a water-measuring device for any farm use permit issued by the director after July 1, 2003; however, for permit applications submitted to the division prior to December 31, 2002, no charge shall be made for such costs; and
(E) Shall issue an annual progress report on the status of water-measuring device installation.
(3) Any person who desires to commence a farm use for which a permit is issued after July 1, 2003, shall not commence such use prior to the installation of a water-measuring device by the commission.
(4) Subject to the provisions of subparagraph (C) of paragraph (2) of this subsection, after July 1, 2009, no one shall use water for a farm use required to have a permit under this Code section without having a water-measuring device in operation that has been installed by the commission.
(5) Employees or agents of the commission are authorized to enter upon private property at reasonable times to conduct the duties of the commission under this subsection.
(6) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.