Agenda - 01-31-1991 - Laserfiche WebLink

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C, E Based on information developed by the Office of Water Resources, there are 193 "rivers" in North Carolina based on the U.S. Geological Survey maps. Also there are 44 existing water transfers that would require a permit for the transfer . of greater than 1 MGD. The Office of Water Resources has estimated that there are over 100 transfers of water in North Carolina which would be regulated by this Bill in one way or another. The proposed Bill would be expensive and�time consuming for both the State and local governments. The Bill also represents an impediment to sound water resource development particularly in light of the American Water Works policy on water resources. The proposed Bill combines the worst features of two legal approaches to water use - the delays and red tape of a permit °system and the uncertainty and Insecurity of rights under the riparian water rights system. The proposed Bill regulates only one of the types of water - use that can reduce down stream flow, interbasin transfer, and leaves unaddressed all other consumptive uses. The State has estimated that the cost for administration alone for this Bill would be $500,000 per -year or more. No estimate has been made for the cost to local government for the prepara- tion of applications, filing of permits, and development.of needed information in support of those applications. Of special concern in the Bill is the inclusion of the word "use" in the definition of "transfer." It would appear that the Bill considers the use of water in a different-river basin to be a transfer even if a discharge of that water in a different basin does not occur. Other parts of the Bill which are particularly onerous include the sections which outline the permit application process, the notification process and the permit application review process and are shown on Pages 2 through 5 of the proposed Bill. I would recommend that you contact the State Legislative Office and obtain a copy of the Bill so that you can review these sections in detail. Provisions for registration of all water transfers and civil and criminal penalties are shown on Pages 7 and 8 of the draft Bill. One major concern relative to the draft Bill is contained in Section 143- 215.22K dealing with actions for loss of water rights. Under the proposed Bill, even though a discharger had "jumped through all the necessary hoops" and obtained a permit for the water transfer, there is no guarantee that the water transfer would not be challenged through the legal system. Therefore after all the effort to obtain a permit, legally it is of little or no value to the discharger as a protection from suit by downstream riparian landowners. M