---
title: HB 143. Water resources; water-measuring devices for farm use of surface and ground water; revise provisions
collection: bills
id: 2025-2026/hb143
cite_as: HB 143, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb143
md_url: https://georgiacommons.org/bills/2025-2026/hb143.md
text_url: https://georgiacommons.org/bills/2025-2026/hb143/text
source_url: https://www.legis.ga.gov/legislation/69565
date: 2025-05-08
status: passed
corpus_version: bills-2026-08-28
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb142.md
next: https://georgiacommons.org/bills/2025-2026/hb144.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 974
omitted_url: https://georgiacommons.org/bills/2025-2026/hb143.md?full=1
bill_number: HB 143
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-05-08
last_action: Effective Date 2025-07-01
sponsors:
  - Robert Dickey
  - Lynn Smith
  - Bill Yearta
  - Gerald Greene
  - Charles Cannon
  - Steven Meeks
  - Sam Watson
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB143/2025
upstream_id: 1945137
summaries_model: claude-sonnet-5
topic_tags:
  - water resources
  - farm irrigation permits
  - agricultural regulation
  - groundwater use
  - Flint River basin
---

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

## Text

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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

HB 143 rewrites Georgia's rules for installing and maintaining water-measuring devices on farm permits for both surface water and groundwater, spelling out who pays for devices and how the state tracks farm water use.

### Plain-language summary

Georgia law already requires many farm water permits to have water-measuring devices, which track how much surface water or groundwater a farm withdraws. This bill amends two sections of the state water resources code (O.C.G.A. § 12-5-31 for surface water and § 12-5-105 for groundwater) to update how those devices get installed, paid for, and maintained.

The bill sets clearer rules for when the state's Environmental Protection Division pays for a device versus when the permit holder (permittee) must pay. If a site lacks the infrastructure needed to install a state-funded device, the division must document that and give the permittee five years before the cost shifts to them. The bill also lets the division use trained staff to install devices when no contractor is available, requires annual meter readings and progress reports, and keeps penalties in place for anyone who tampers with or removes a required device.

### What it does

- Lets the state's water division use its own trained and certified staff to install water-measuring devices when no outside contractor is available, at no charge to the farmer.
- Gives permittees a five-year grace period to install their own device, at their own cost, if the state finds the site lacks the infrastructure needed for a state-installed device.
- Requires the division to document any site's lack of withdrawal or irrigation infrastructure in writing and notify the permittee that a device is still required.
- Keeps in place the division's duty to contract for annual readings, maintenance, repair, or replacement of devices at no cost to permit holders.
- Preserves existing civil penalties for permittees whose device is willfully dismantled, sold, relocated, or removed.
- Applies these same updated rules in parallel to both surface water farm-use permits and groundwater farm-use permits.

### Who it affects

Georgia farmers who hold state permits to withdraw surface water or groundwater for irrigation and other farm uses, especially those in the Flint River basin, along with the Environmental Protection Division of the Department of Natural Resources, which installs, funds, and monitors the measuring devices.

### Why it matters

Farmers with water permits will have more predictable timelines and cost responsibilities for installing measuring devices, especially when their land lacks the infrastructure the state needs to install one. The changes also let the state rely on its own staff for installations, potentially speeding up a process that depends on contractor availability.

### Key provisions

- Section 1 amends O.C.G.A. § 12-5-31(b)(3) and (m.1), governing surface water farm-use permits, to update installation, cost, and maintenance rules for water-measuring devices.
- Section 1 requires the division to document cases where a site lacks infrastructure for a state-funded device and give the permittee five years before costs shift to them.
- Section 1 allows the division to use trained, certified staff to perform installations when no contractor is available, still at no charge to the permittee.
- Section 2 makes matching amendments to O.C.G.A. § 12-5-105(b) and (b.1), applying the same rules to groundwater farm-use permits.
- Both sections retain the division's duty to contract for annual device readings, audits of reported readings, and repairs or replacements at no cost to the permittee.
- Both sections keep civil penalty authority for permittees who dismantle, sell, relocate, or remove a required water-measuring device.
- Section 3 repeals any conflicting laws.

## Status

- Status: Passed (2025-05-08)
- Last action: Effective Date 2025-07-01 (2025-05-08)
- Sponsors: Robert Dickey, Lynn Smith, Bill Yearta, Gerald Greene, Charles Cannon, Steven Meeks, Sam Watson
- Official page: https://www.legis.ga.gov/legislation/69565

> The history, votes, and amendments (974 characters) are at https://georgiacommons.org/bills/2025-2026/hb143.md?full=1