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There are several laws in North Carolina that already deal <br />with the issues of interbasin transfers and ,I would recommend <br />that you obtain copies of these laws and discuss them „with <br />your city attorney. These include: <br />1. GS152A -285 which requires water and sewer authorities and <br />cities and counties acting jointly to obtain a <br />"certificate” from the Environmental Management <br />Commission before diverting water from one stream or <br />river to another. <br />2. GS153A -287 which. prohibits diversion from any major river <br />basin which is not located entirely in North Carolina. <br />3. GS143 -212 and GS143- 215.21,which defines some of the <br />terms related to water transfers. <br />4. GS162A -7 which outlines the requirements for authorities <br />in order to exercise imminent domain authority. <br />S. GS143- 215.44 through .49 which deals with the rights of <br />withdrawals of impounded water. <br />In addition to all of the above, we currently have the <br />requirements of the National Environmental Policy Act, the <br />North Carolina Environmental Policy Act, the 404 and 401 <br />Permitting Processes under Federal Law -which gives adequate <br />opportunity for concerns relative to interbasin transfer <br />to be raised through these already existing regulations. <br />However, I would warn that you can't assume that common sense <br />about water and wastewater developments and issues <br />has anything to do with this proposed Bill. If this <br />proposed Bill J.s passed, environmental groups or other third <br />parties could.use it to effectively-delay or stop development <br />of water supplies and wastewater discharges that would <br />otherwise be logical choices as the best and highest quality <br />source and the most technically feasible discharge points for <br />receiving treated wastewaters. <br />In summary,, it is my opinion, that we do need a statewide <br />Water Supply Plan but we had a Bill passed last year in the <br />State Legislature which requires this to be done. We also <br />need a "comprehensive" look at water law in North Carolina <br />that deals with all streams and withdrawals equally in <br />protecting the environment and the future water uses of North <br />Carolina. This proposed Bill does neither of the above and <br />we as the water and wastewater professionals in North <br />Carolina should be willing to say that to our Legislators and <br />we should take an active role in helping them address this <br />issue in a professional and impartial way. <br />4 <br />• <br />• <br />