Agenda - 11-05-1990 - Laserfiche WebLink

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l<j Representative Harry E Co- Chair, Committee on P.O. Box 1147 Wilmington, NC 28402 October 24, 1990 Payne, Jr. Surface Water Dear Representative Payne: Members of the Triangle J Council of Governments' Water Resources Committee have reviewed the Draft Water Transfer Bill to be considered by your committee on November 8th. Although we commend the committee for its discussions of this important topic over the last year, we find the draft legislation unreflective of much of the testi- mony presented. Due to the vague, subjective and sometimes inconsistent language of the Bill, it is difficult to determine its probable impact upon the environment, the economy or the operations of local government in our region. As examples of our concerns, we pose the following questions: (1) The bill's main provisions hinge upon named rivers, a concept frought with subjectivity and greatly influenced by historical happen- stance. Is this a good rationale for designating those bodies of water which are to be regulated? (2) The bill is vague about the circumstances under which a use constitutes a transfer (143- 215.22A (5)). Can one use water in a receiving basin and transfer it back to the supplying basin without a permit? (3) The bill does not deal explicitly with the important issue of stored water. Does it seek to supersede existing legislation on the right of withdrawal of impounded water (G.S. 143- 215.44 through 143- 215.50)? (4) The bill does not address the relationship between surface and ground water as acknowledged by the existing Capacity Use legisla- tion. What prevents someone from pumping near a river and transfer- - ing ground water in a manner that significantly effects stream flow?