---
title: O.C.G.A. § 12-5-108. Delegated authority; permit for consumptive use of water or expansion.
collection: code
id: 12-5-108
cite_as: O.C.G.A. § 12-5-108 (2025)
canonical_url: https://georgiacommons.org/code/12-5-108
md_url: https://georgiacommons.org/code/12-5-108.md
text_url: https://georgiacommons.org/code/12-5-108/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t12-(v10)-pdf.pdf?sfvrsn=584b8497_0#page=51
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/12-5.md
previous: https://georgiacommons.org/code/12-5-107.md
next: https://georgiacommons.org/code/12-5-120.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONSERVATION AND NATURAL RESOURCES / WATER RESOURCES / WELLS AND DRINKING WATER / GROUND-WATER USE GENERALLY
---

# O.C.G.A. § 12-5-108. Delegated authority; permit for consumptive use of water or expansion.

(a) Notwithstanding any other provision of law to the contrary, a person to whom the division has delegated authority to provide water for consumptive use within the coastal aquifers of the state may obtain a permit from the division for consumptive use of water or expansion of existing services and facilities for consumptive use of water without a letter of concurrence from any local government or other public entity which has the power to provide water for consumptive use, provided that the following conditions are met:

(1) Said local government or other public entity lacks the capability or permitted capacity to provide the water service requested in writing by a person seeking such service within a period of 18 months from the date of such request; and

(2) Said person with delegated authority has the capability and permitted ground water capacity to provide water service as requested by such person seeking such service within a period of 18 months from the date of such request.

(b) This Code section shall stand repealed on January 1, 2029.

## History

Code 1981, § 12-5-108, enacted by Ga. L. 2024, p. 788, § 1/HB 1146, effective May 6, 2024.

## Effective Date

This Code section became effective May 6, 2024.