HB143: HB143 Water resources; water-measuring devices for farm use of surface and ground water; revise provisions

25 LC 44 3002S/AP House Bill 143 (AS PASSED HOUSE AND SENATE) By: Representatives Dickey of the 134th, Smith of the 70th, Yearta of the 152nd, Greene of the 154th, Cannon of the 172nd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water1 resources, so as to revise provisions regarding water-measuring devices for farm use of2 surface and ground water; to provide for related matters; to repeal conflicting laws; and for3 other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources,7 is amended by revising paragraph (3) of subsection (b) and subs ection (m.1) of Code8 Section 12-5-31, relating to regulated riparian rights to surfa ce waters for general or farm9 use, permits for withdrawal, diversion, or impoundment, coordin ation with water plans,10 metering of farm use, interbasin transfers, and appeal procedures, as follows:11 "(3)(A) Notwithstanding any other provision of this Code sectio n to the contrary, a12 permit for the withdrawal or diversion of surface waters for farm uses shall be issued13 by the director to any person when the applicant submits an application which provides14 reasonable proof that the applicant's farm use of surface water s occurred prior to15 July 1, 1988, and when any such application is submitted prior to July 1, 1991. If16 H. B. 143 - 1 - 25 LC 44 3002S/AP submitted prior to July 1, 1991, an application for a permit to be issued based upon17 farm uses of surface waters occurring prior to July 1, 1988, sh all be granted for the18 withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to19 the greater of the operating capacity in place for withdrawal o r diversion on20 July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar21 year, the greatest withdrawal or diversion capacity during the five-year period22 immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of23 when submitted, if it is based upon a withdrawal or diversion of surface waters for farm24 uses occurring or proposed to occur on or after July 1, 1988, a n application shall be25 subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this26 Code section, but a permit based upon such evaluation and classification shall be issued27 to ensure the applicant's right to a reasonable use of such surface waters. Any permit28 issued pursuant to this paragraph shall be conditioned upon the requirement that the29 permittee shall provide, on forms prescribed by the director, information relating to a30 general description of the lands and number of acres subject to irrigation and the31 permit; a description of the general type of irrigation system used; the source of32 withdrawal water such as river, stream, or impoundment; and pum p information,33 including rated capacity, pump location, and power information.34 (B) Permits applied for under this paragraph on or after April 20, 2006, for farm use35 in the Flint River basin shall have a term of 25 years and shal l be automatically36 renewed at the original permitted capacity unless an evaluation by the division indicates37 that renewal at the original capacity would have unreasonable a dverse effects upon38 other water uses. The division may renew the original permit at a lower capacity, but39 such capacity shall be based on the reasonable use of the permittee and evaluation of40 the resource.41 H. B. 143 - 2 - 25 LC 44 3002S/AP (C) A permittee may apply to have a permit issued under this p aragraph modified,42 amended, transferred, or assigned to subsequent owners of the l ands which are the43 subject of such permit; provided, however, that:44 (i) The division shall receive written notice of any such transfer or assignment;45 (ii) Any modification in or amendment to the use or capacity c onditions contained46 in the permit or in the lands which are the subject of such per mit shall require the47 permittee to submit an application for review and approval by the director consistent48 with this Code section; and49 (iii) The permittee may commence withdrawing water under the modified, amended,50 transferred, or assigned permit on the effective date stated on the revised permit for51 farm use; and52 (iv) For all permits for which such modification, amendment, transfer, or assignment53 is effective on or after April 20, 2018, and for which no water -measuring device is54 installed, the permittee shall have one year from the updated effective date stated on55 the revised permit for farm use to have an acceptable type of water-measuring device56 installed, to have such device in operation at each point of permitted withdrawal, and57 to notify the division in writing once the installation has occurred. The division shall58 approve or disapprove the installation within 60 days of the date of notification. The59 permittee shall be responsible for all associated costs.60 (D) Nothing in this paragraph shall be construed as a repeal or modification of Code61 Section 12-5-46."62 "(m.1)(1) The division shall have the duty of implementing a program of measuring farm63 uses of water in order to obtain clear and accurate information on the patterns and64 amounts of such use, which information is essential to proper m anagement of water65 resources by the state and useful to farmers for improving the efficiency and effectiveness66 of their use of water, meeting the requirements of subsections (b) and (m) of this Code67 section, and improving water conservation.68 H. B. 143 - 3 - 25 LC 44 3002S/AP (2) The division:69 (A) May conduct its duties with division staff and may contract with other persons to70 conduct any of its duties;71 (B) May receive and use state appropriations, gifts, grants, or other sources of funding72 to carry out its duties;73 (C) Shall develop a priority system for the installation of devices for measurement of74 farm uses of water at the points of those withdrawals for which a permit was issued as75 of July 1, 2003. The division may refine the priority system from time to time based76 on the amount of funding received by the division, consideratio ns regarding cost77 effectiveness, new technical information, changes in resource u se or conditions, or78 other factors as deemed relevant by the director;79 (D) Shall, on behalf of the state, contract for the purchase and installation of that subset80 of water-measuring devices according to the priority system req uired by this Code81 section, and no charge shall be made to the permittee for such costs. However, when82 the division assesses the site or attempts to install such wate r-measuring devices and83 finds that the site lacks withdrawal or irrigation infrastructu re, the division shall84 document such withdrawal or irrigation infrastructure condition s and notify the85 permittee in writing that a state funded water-measuring device or devices could not be86 installed and that a device or devices are still required. Aft er the expiration of five87 years, such permittee shall be responsible for having an accept a b l e t y p e o f88 water-measuring device installed and placed into operation and all associated costs. 89 The permittee shall notify the division in writing once the ins tallation has occurred. 90 The division shall approve or disapprove the installation within 60 days of the date of91 notification If no contractor is available, the division may use trained and certified staff92 to perform installations, and no charge shall be made to the permittee for such costs;93 (E) Shall, at monthly intervals, read an appropriate proportio n of water-measuring94 devices installed for measuring farm use of surface water and compile the collected data95 H. B. 143 - 4 - 25 LC 44 3002S/AP for use in meeting the purposes in paragraph (1) of this subsec tion, and the division96 shall communicate in advance with private property owners to es tablish reasonable97 times for such readings. In the event that a permittee's water -measuring devices are98 selected for monthly readings, the permittee may choose to perform those readings and99 transmit that information to the division; and100 (F) Shall issue an annual progress report on the status of wat er-measuring device101 installation.102 (3) Any person whose permit for agricultural water use was issued before July 1, 2003,103 and who desires to install a water-measuring device at no cost to the state may do so,104 provided that the permittee shall have an acceptable type of wa ter-measuring device105 installed and placed in operation at each point of permitted withdrawal and the permittee106 shall notify the division in writing once the installation has occurred. The division shall107 approve or disapprove the installation within 60 days of the date of notification.108 (4) Any person who desires to commence a farm use of water for which a permit is109 issued after July 1, 2003, shall not commence such use prior to receiving approval from110 the division that such person has installed an acceptable type of water-measuring device111 installed by the commission at each point of permitted withdrawal. The permittee shall112 be responsible for all such costs.113 (5) Employees, contractors, or agents of the division are authorized to enter upon private114 property at reasonable times and upon reasonable notice to cond uct the duties of the115 division under this subsection.116 (6) Regarding all permits for which a water-measuring device is installed, regardless of117 when the permit was issued, the division shall contract for the annual reading of such118 water-measuring devices. The division shall require each contr actor conducting such119 annual readings to transmit complete and accurate data required by the division to the120 division annually.121 H. B. 143 - 5 - 25 LC 44 3002S/AP (7) The division shall audit a subset of reported water-measur ing device readings122 submitted by permittees for the purpose of understanding and improving the accuracy of123 such readings.124 (8) The division shall contract for any maintenance, repair, o r replacement of125 water-measuring devices installed pursuant to this Code section where maintenance,126 repair, or replacement is required to ensure that such water-measuring devices accurately127 reflect the amount of water used, and no charge shall be made to the permittee for such128 costs. The division shall also have the authority to undertake repairs or replacements of129 water-measuring devices when such repairs or replacements are n ecessary to maintain130 compliance with water use regulations, and no charge shall be made to the permittee for131 such costs.132 (9) If the division determines that the permittee or the permi ttee's employees, tenants,133 licensees, or agents have willfully dismantled, sold, relocated , or removed any134 water-measuring device installed pursuant to this Code section, the permittee may be135 subject to enforcement action by the division, including but not limited to imposition of136 civil penalties.137 (10) Any reports of amounts of use for recreational purposes u nder this Code section138 shall be compiled separately from amounts reported for all other farm uses."139 SECTION 2.140 Said chapter is further amended by revising subsections (b) and (b.1) of Code141 Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits142 to withdraw, obtain, or utilize, metering, and related procedures, as follows:143 "(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the144 contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term145 is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or146 under subsection (a) of this Code section, shall be governed as follows:147 H. B. 143 - 6 - 25 LC 44 3002S/AP (1) Permits applied for under this Code section on or after April 20, 2006, for farm use148 within the Flint River basin shall have a term of 25 years and shall be automatically149 renewed at the original permitted capacity unless an evaluation by the division indicates150 that renewal at the original capacity would have unreasonable adverse effects upon other151 water uses. The division may renew the original permit at a lo wer capacity, but such152 capacity shall be based on the reasonable use of the permittee and evaluation of the153 resource;154 (2) A permittee may apply to have a permit issued under this C ode section modified,155 amended, transferred, or assigned to subsequent owners of the lands which are the subject156 of such permit; provided, however, that:157 (A) The division shall receive written notice of any such transfer or assignment;158 (B) Any modification in or amendment to the use or capacity conditions contained in159 the permit or in the lands which are the subject of such permit shall require the160 permittee to submit an application for review and approval by t he director consistent161 with the requirements of this part; and162 (C) The permittee may commence withdrawing water under the modified, amended,163 transferred, or assigned permit on the effective date stated on the revised permit for164 farm use; and165 (D) For all permits for which such modification, amendment, transfer, or assignment166 is effective on or after April 20, 2018, and for which no water -measuring device is167 installed, the permittee shall have one year from the updated effective date stated on the168 revised permit for farm use to have an acceptable type of water -measuring device169 installed, to have such device in operation at each point of permitted withdrawal, and170 to notify the division in writing once the installation has occurred. The division shall171 approve or disapprove the installation within 60 days of the date of notification. The172 permittee shall be responsible for all associated costs;173 H. B. 143 - 7 - 25 LC 44 3002S/AP (3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole174 or in part, for nonuse; except that the director may permanently revoke any permit under175 this Code section for farm use within the Flint River Basin app lied for on or after176 April 20, 2006, if initial use for the purpose indicated on the permit application, as177 measured by a flow meter approved by the division has not commenced within two years178 of the date of issuance of the permit unless the permittee can reasonably demonstrate that179 his or her nonuse was due to financial hardship or circumstance s beyond his or her180 control;181 ( 4 ) T h e d i r e c t o r m a y s u s p e n d o r m o d i f y a p e r m i t f o r f a r m u s e if he or she should182 determine through inspection, investigations, or otherwise that the quantity of water183 allowed would prevent other applicants from reasonable use of g round water beneath184 their property for farm use;185 (5) During emergency periods of water shortage, the director shall give first priority to186 providing water for human consumption and second priority to farm use; and187 (6) The importance and necessity of water for industrial purposes are in no way modified188 or diminished by this Code section.189 (b.1)(1) The division shall have the duty of implementing a program of measuring farm190 uses of water in order to obtain clear and accurate information on the patterns and191 amounts of such use, which information is essential to proper m anagement of water192 resources by the state and useful to farmers for improving the efficiency and effectiveness193 of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code194 section, and improving water conservation.195 (2) The division:196 (A) May conduct its duties with division staff and may contract with other persons to197 conduct any of its duties;198 (B) May receive and use state appropriations, gifts, grants, or other sources of funding199 to carry out its duties;200 H. B. 143 - 8 - 25 LC 44 3002S/AP (C) Shall develop a priority system for the installation of devices for measurement of201 farm uses of water at the points of those withdrawals for which a permit was issued as202 of July 1, 2003. The division may refine the priority system from time to time based203 on the amount of funding received by the division, consideratio ns regarding cost204 effectiveness, new technical information, changes in resource u se or conditions, or205 other factors as deemed relevant by the director;206 (D) Shall, on behalf of the state, contract for the purchase and installation of that subset207 of water-measuring devices according to the priority system req uired by this Code208 section, and no charge shall be made to the permittee for such costs. However, when209 the division assesses the site or attempts to install such wate r-measuring devices and210 finds that the site lacks the withdrawal or irrigation infrastr ucture, the division shall211 document such withdrawal or irrigation infrastructure condition s and notify the212 permittee in writing that a state funded water-measuring device or devices could not be213 installed and that a device or devices are still required. Aft er the expiration of five214 years, such permittee shall be responsible for having an accept able type of215 water-measuring device installed and placed into operation and all associated costs. 216 The permittee shall notify the division in writing once the ins tallation has occurred. 217 The division shall approve or disapprove the installation within 60 days of the date of218 notification If no contractor is available, the division may use trained and certified staff219 to perform installations, and no charge shall be made to the permittee for such costs;220 (E) Shall, at monthly intervals, read an appropriate proportio n of water-measuring221 devices installed for measuring farm use of ground water and compile the collected data222 for use in meeting the purposes in paragraph (1) of this Code section, and the division223 shall communicate in advance with private property owners to es tablish reasonable224 times for such readings. In the event that a permittee's water -measuring devices are225 selected for monthly readings, the permittee may choose to perform those readings and226 transmit that information to the division; and227 H. B. 143 - 9 - 25 LC 44 3002S/AP (F) Shall issue an annual progress report on the status of wat er-measuring device228 installation.229 (3) Any person whose permit for agricultural water use was issued before July 1, 2003,230 and who desires to install a water-measuring device at no cost to the state may do so,231 provided that the permittee shall have an acceptable type of wa ter-measuring device232 installed and placed in operation at each point of permitted withdrawal and the permittee233 shall notify the division in writing once the installation has occurred. The division shall234 approve or disapprove the installation within 60 days of the date of notification.235 (4) Any person who desires to commence a farm use of water for which a permit is236 issued after July 1, 2003, shall not commence such use prior to receiving approval from237 the division that such person has installed an acceptable type of water-measuring device238 installed by the commission at each point of permitted withdrawal. The permittee shall239 be responsible for all such costs.240 (5) Regarding all permits for which a water-measuring device is installed, regardless of241 when the permit was issued, the division shall contract for the annual reading of such242 water-measuring devices. The division shall require each contr actor conducting such243 annual readings to transmit complete and accurate data required by the division to the244 division annually.245 (6) The division shall audit a subset of reported water-measur ing device readings246 submitted by permittees for the purpose of understanding and improving the accuracy of247 such readings.248 (7) Employees, contractors, or agents of the division are authorized to enter upon private249 property at reasonable times and upon reasonable notice to cond uct the duties of the250 division under this subsection.251 (8) The division shall contract for any maintenance, repair, o r replacement of252 water-measuring devices installed pursuant to this Code section where maintenance,253 repair, or replacement is required to ensure that such water-measuring devices accurately254 H. B. 143 - 10 - 25 LC 44 3002S/AP reflect the amount of water used, and no charge shall be made to the permittee for such255 costs. The division shall also have the authority to undertake repairs or replacements of256 water-measuring devices when such repairs or replacements are n ecessary to maintain257 compliance with water use regulations, and no charge shall be made to the permittee for258 such costs.259 (9) If the division determines that the permittee or the permi ttee's employees, tenants,260 licensees, or agents have willfully dismantled, sold, relocated , or removed any261 water-measuring device installed pursuant to this Code section, the permittee may be262 subject to enforcement action by the division, including but not limited to imposition of263 civil penalties.264 (10) Any reports of amounts of use for recreational purposes u nder this part shall be265 compiled separately from amounts reported for all other farm uses.266 (c) Nothing in this Code section shall be construed as a repea l or modification of Code267 Section 12-5-104."268 SECTION 3.269 All laws and parts of laws in conflict with this Act are repealed.270 H. B. 143 - 11 -