10 AM
25 1179
NOT
GERMANE
Senator Powell of the 23rd offered the following amendment:
Senator Powell of the 23rd offered the following amendment:
Amend
the Senate Natural Resources and the Environment Committee substitute to SB 442
(LC 21 0813S) by deleting "Article 3
of" on lines 1 and 16;
by replacing "wells and drinking
water" with
"water
resources" on line 2
and lines 16 and 17; by inserting "to
change certain provisions relating to permits for withdrawal, diversion, or
impoundment of surface
waters;" after
"public
disclosure;" on line
9; and by inserting "in Article 3,
relating to wells and drinking
water," after
"is amended"
on line
17.
By
inserting after Section 2 the following:
SECTION
2A.
Said
chapter is further amended in subsection (n) of Code Section 12-5-31, relating
to permits for withdrawal, diversion, or impoundment of surface waters, by
deleting "and" at the end of paragraph (1) and adding a new paragraph to read as
follows:
"(1.1)
The regulation of interbasin transfers shall be informed by scientific
knowledge, shall respect natural systems, and shall protect the basins of origin
and the receiving basins. When deciding whether to grant any new permit or
modify or renew any existing permit that would or does involve an interbasin
transfer of surface waters, the director's review and assessment of the
application shall include the following factors:
(A)
Donor basin considerations, including but not limited to:
(i)
The safe yield 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)
The number of downstream river miles from which water will be diverted as a
result of the transfer; and
(v)
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 previously 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 off stream and in stream
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; and"