HB 143: Water resources; water-measuring devices for farm use of surface and ground water; revise provisions

Georgia law requires farmers who hold permits to withdraw surface or ground water for irrigation to have water-measuring devices installed so the state can track farm water use. Previously, if the state's Environmental Protection Division tried to install a state-funded device but found the farm site lacked the infrastructure to support it, the permittee would get five years before becoming responsible for installing and paying for the device themselves. HB143 removes that five-year shift-the-cost-to-the-farmer provision from both the surface water law (O.C.G.A. § 12-5-31) and the ground water law (O.C.G.A. § 12-5-105). Instead, the bill adds language allowing the division to use its own trained and certified staff to perform installations when no outside contractor is available, still at no charge to the permittee. It also removes a separate one-year deadline that had applied when a permit was modified, amended, transferred, or assigned without a device already installed. The bill also clarifies that the division may repair or replace measuring devices when needed to keep permittees in compliance with water use rules, at no cost to the permittee.

• Removes the requirement that farmers become responsible for installing and paying for a water-measuring device themselves after five years if their site lacked the infrastructure for a state-funded installation.
• Allows the Environmental Protection Division to use its own trained and certified staff to install water-measuring devices when no outside contractor is available, at no cost to the permittee.
• Removes a one-year deadline that had required permittees to install a device themselves after a permit modification, amendment, transfer, or assignment.
• Clarifies that the division has authority to repair or replace water-measuring devices as needed to keep permits in compliance with water use rules, at no charge to the permittee.
• Applies these changes identically to both surface water permits (O.C.G.A. § 12-5-31) and ground water permits (O.C.G.A. § 12-5-105).

Farmers and other agricultural water permit holders who withdraw surface or ground water in Georgia, particularly those in the Flint River basin and other areas with metered farm-use permits, as well as the Environmental Protection Division staff and contractors responsible for installing, reading, and maintaining water-measuring devices.

Farmers who previously faced a five-year clock before having to pay for their own water-measuring device installation no longer face that cost shift under this bill. The division gains more flexibility to complete installations itself when contractors are unavailable, which could affect how quickly devices get installed statewide.

• Section 1 amends O.C.G.A. § 12-5-31 to remove the one-year installation deadline previously tied to permit modifications, amendments, transfers, or assignments effective on or after April 20, 2018.
• Section 1 removes the provision requiring permittees to pay for and install their own device after five years if their site initially lacked infrastructure for a state-installed device.
• Section 1 adds authority for the division to use trained, certified staff for installations when no contractor is available, at no charge to permittees.
• Section 1 adds explicit authority for the division to repair or replace devices as needed to maintain compliance with water use regulations, at no cost to permittees.
• Section 2 makes the same set of changes to O.C.G.A. § 12-5-105, which governs ground water permits for farm use.
• Section 3 repeals any conflicting laws.

1. 2025-07-01Effective Date
2. 2025-05-08Act 72
3. 2025-05-08House Date Signed by Governor (House)
4. 2025-04-07House Sent to Governor (House)
5. 2025-03-25Senate Passed/Adopted (Senate)
6. 2025-03-25Senate Third Read (Senate)
7. 2025-03-21Senate Read Second Time (Senate)
8. 2025-03-20Senate Committee Favorably Reported (Senate)

• Robert Dickey (R, HD-134)Primary sponsor
• Lynn Smith (R, HD-70)
• Bill Yearta (R, HD-152)
• Gerald Greene (R, HD-154)
• Chas Cannon (R, HD-172)
• Steven Meeks (R, HD-178)
• Sam Watson (R, SD-11)

1. PassedHouse voteFebruary 27, 2025

   165 yea, 0 nay (8 not voting, 7 excused)

   PASSAGE: House Vote #100

2. PassedSenate voteMarch 25, 2025

   53 yea, 0 nay (2 not voting, 1 excused)

   PASSAGE: Senate Vote #281

• water resources
• farm irrigation
• agricultural regulation
• water permits
• environmental protection division