25 LC 44 2929
House Bill 143
By: Representatives Dickey of the 134
th
, Smith of the 70
th
, Yearta of the 152
nd
, Greene of the
154
th
, Cannon of the 172
nd
, 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 water
1
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 subsection (m.1) of Code8
Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm9
use, permits for withdrawal, diversion, or impoundment, coordination 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 section 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 waters occurred prior to July15
1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted16
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prior to July 1, 1991, an application for a permit to be issued based upon farm uses of
17
surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or18
diversion of surface waters at a rate of withdrawal or diversion equal to the greater of19
the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when20
measured in gallons per day on a monthly average for a calendar year, the greatest21
withdrawal or diversion capacity during the five-year period immediately preceding22
July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is23
based upon a withdrawal or diversion of surface waters for farm uses occurring or24
proposed to occur on or after July 1, 1988, an application shall be subject to evaluation25
and classification pursuant to subsections (e), (f), and (g) of this Code section, but a26
permit based upon such evaluation and classification shall be issued to ensure the27
applicant's right to a reasonable use of such surface waters. Any permit issued pursuant28
to this paragraph shall be conditioned upon the requirement that the permittee shall29
provide, on forms prescribed by the director, information relating to a general30
description of the lands and number of acres subject to irrigation and the permit; a31
description of the general type of irrigation system used; the source of withdrawal water32
such as river, stream, or impoundment; and pump information, including rated capacity,33
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 shall be automatically36
renewed at the original permitted capacity unless an evaluation by the division indicates37
that renewal at the original capacity would have unreasonable adverse 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
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(C) A permittee may apply to have a permit issued under this paragraph modified,
42
amended, transferred, or assigned to subsequent owners of the lands 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 conditions contained46
in the permit or in the lands which are the subject of such permit shall require the47
permittee to submit an application for review and approval by the director consistent48
with this Code section; and
49
(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 management 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
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(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, considerations regarding cost77
effectiveness, new technical information, changes in resource use 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 required by this Code81
section, and no charge shall be made to the permittee for such costs. However, when
82
the division assesses the site or attempts to install such water-measuring devices and83
finds that the site lacks withdrawal or irrigation infrastructure, the division shall84
document such withdrawal or irrigation infrastructure conditions 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. After the expiration of five87
years, such permittee shall be responsible for having an acceptable type of88
water-measuring device installed and placed into operation and all associated costs. 89
The permittee shall notify the division in writing once the installation has occurred. 90
The division shall approve or disapprove the installation within 60 days of the date of91
notification;92
(E) Shall, at monthly intervals, read an appropriate proportion of water-measuring93
devices installed for measuring farm use of surface water and compile the collected data94
for use in meeting the purposes in paragraph (1) of this subsection, and the division95
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shall communicate in advance with private property owners to establish reasonable
96
times for such readings. In the event that a permittee's water-measuring devices are97
selected for monthly readings, the permittee may choose to perform those readings and98
transmit that information to the division; and99
(F) Shall issue an annual progress report on the status of water-measuring device100
installation.101
(3) Any person whose permit for agricultural water use was issued before July 1, 2003,102
and who desires to install a water-measuring device at no cost to the state may do so,103
provided that the permittee shall have an acceptable type of water-measuring device104
installed and placed in operation at each point of permitted withdrawal and the permittee105
shall notify the division in writing once the installation has occurred. The division shall106
approve or disapprove the installation within 60 days of the date of notification.107
(4) Any person who desires to commence a farm use of water for which a permit is108
issued after July 1, 2003, shall not commence such use prior to receiving approval from109
the division that such person has installed an acceptable type of water-measuring device110
installed by the commission
at each point of permitted withdrawal. The permittee shall111
be responsible for all such costs.112
(5) Employees, contractors, or agents of the division are authorized to enter upon private113
property at reasonable times and upon reasonable notice to conduct the duties of the114
division under this subsection.115
(6) Regarding all permits for which a water-measuring device is installed, regardless of116
when the permit was issued, the division shall contract for the annual reading of such117
water-measuring devices. The division shall require each contractor conducting such118
annual readings to transmit complete and accurate data required by the division to the119
division annually.120
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(7) The division shall audit a subset of reported water-measuring device readings
121
submitted by permittees for the purpose of understanding and improving the accuracy of122
such readings.123
(8) The division shall contract for any maintenance, repair, or replacement of124
water-measuring devices installed pursuant to this Code section where maintenance,125
repair, or replacement is required to ensure that such water-measuring devices accurately126
reflect the amount of water used, and no charge shall be made to the permittee for such127
costs.128
(9) If the division determines that the permittee or the permittee's employees, tenants,129
licensees, or agents have willfully dismantled, sold, relocated, or removed any130
water-measuring device installed pursuant to this Code section, the permittee may be131
subject to enforcement action by the division, including but not limited to imposition of132
civil penalties.133
(10) Any reports of amounts of use for recreational purposes under this Code section134
shall be compiled separately from amounts reported for all other farm uses."135
SECTION 2.136
Said chapter is further amended by revising subsections (b) and (b.1) of Code137
Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits138
to withdraw, obtain, or utilize, metering, and related procedures, as follows:139
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the140
contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term141
is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or142
under subsection (a) of this Code section, shall be governed as follows:143
(1) Permits applied for under this Code section on or after April 20, 2006, for farm use144
within the Flint River basin shall have a term of 25 years and shall be automatically145
renewed at the original permitted capacity unless an evaluation by the division indicates146
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that renewal at the original capacity would have unreasonable adverse effects upon other
147
water uses. The division may renew the original permit at a lower capacity, but such148
capacity shall be based on the reasonable use of the permittee and evaluation of the149
resource;150
(2) A permittee may apply to have a permit issued under this Code section modified,151
amended, transferred, or assigned to subsequent owners of the lands which are the subject152
of such permit; provided, however, that:153
(A) The division shall receive written notice of any such transfer or assignment;154
(B) Any modification in or amendment to the use or capacity conditions contained in155
the permit or in the lands which are the subject of such permit shall require the156
permittee to submit an application for review and approval by the director consistent157
with the requirements of this part; and
158
(C) The permittee may commence withdrawing water under the modified, amended,159
transferred, or assigned permit on the effective date stated on the revised permit for160
farm use; and161
(D) For all permits for which such modification, amendment, transfer, or assignment162
is effective on or after April 20, 2018, and for which no water-measuring device is163
installed, the permittee shall have one year from the updated effective date stated on the164
revised permit for farm use to have an acceptable type of water-measuring device165
installed, to have such device in operation at each point of permitted withdrawal, and166
to notify the division in writing once the installation has occurred. The division shall167
approve or disapprove the installation within 60 days of the date of notification. The168
permittee shall be responsible for all associated costs;169
(3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole170
or in part, for nonuse; except that the director may permanently revoke any permit under171
this Code section for farm use within the Flint River Basin applied for on or after172
April 20, 2006, if initial use for the purpose indicated on the permit application, as173
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measured by a flow meter approved by the division has not commenced within two years
174
of the date of issuance of the permit unless the permittee can reasonably demonstrate that175
his or her nonuse was due to financial hardship or circumstances beyond his or her176
control;177
(4) The director may suspend or modify a permit for farm use if he or she should178
determine through inspection, investigations, or otherwise that the quantity of water179
allowed would prevent other applicants from reasonable use of ground water beneath180
their property for farm use;181
(5) During emergency periods of water shortage, the director shall give first priority to182
providing water for human consumption and second priority to farm use; and183
(6) The importance and necessity of water for industrial purposes are in no way modified184
or diminished by this Code section.185
(b.1)(1) The division shall have the duty of implementing a program of measuring farm186
uses of water in order to obtain clear and accurate information on the patterns and187
amounts of such use, which information is essential to proper management of water188
resources by the state and useful to farmers for improving the efficiency and effectiveness189
of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code190
section, and improving water conservation.191
(2) The division:192
(A) May conduct its duties with division staff and may contract with other persons to193
conduct any of its duties;194
(B) May receive and use state appropriations, gifts, grants, or other sources of funding195
to carry out its duties;196
(C) Shall develop a priority system for the installation of devices for measurement of197
farm uses of water at the points of those withdrawals for which a permit was issued as198
of July 1, 2003. The division may refine the priority system from time to time based199
on the amount of funding received by the division, considerations regarding cost200
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effectiveness, new technical information, changes in resource use or conditions, or
201
other factors as deemed relevant by the director;202
(D) Shall, on behalf of the state, contract for the purchase and installation of that subset203
of water-measuring devices according to the priority system required by this Code204
section, and no charge shall be made to the permittee for such costs. However, when
205
the division assesses the site or attempts to install such water-measuring devices and206
finds that the site lacks the withdrawal or irrigation infrastructure, the division shall207
document such withdrawal or irrigation infrastructure conditions and notify the208
permittee in writing that a state funded water-measuring device or devices could not be209
installed and that a device or devices are still required. After the expiration of five210
years, such permittee shall be responsible for having an acceptable type of211
water-measuring device installed and placed into operation and all associated costs. 212
The permittee shall notify the division in writing once the installation has occurred. 213
The division shall approve or disapprove the installation within 60 days of the date of214
notification;215
(E) Shall, at monthly intervals, read an appropriate proportion of water-measuring216
devices installed for measuring farm use of ground water and compile the collected data217
for use in meeting the purposes in paragraph (1) of this Code section, and the division218
shall communicate in advance with private property owners to establish reasonable219
times for such readings. In the event that a permittee's water-measuring devices are220
selected for monthly readings, the permittee may choose to perform those readings and221
transmit that information to the division; and222
(F) Shall issue an annual progress report on the status of water-measuring device223
installation.224
(3) Any person whose permit for agricultural water use was issued before July 1, 2003,225
and who desires to install a water-measuring device at no cost to the state may do so,226
provided that the permittee shall have an acceptable type of water-measuring device227
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installed and placed in operation at each point of permitted withdrawal and the permittee
228
shall notify the division in writing once the installation has occurred. The division shall229
approve or disapprove the installation within 60 days of the date of notification.230
(4) Any person who desires to commence a farm use of water for which a permit is231
issued after July 1, 2003, shall not commence such use prior to receiving approval from232
the division that such person has installed an acceptable type of water-measuring device233
installed by the commission at each point of permitted withdrawal. The permittee shall234
be responsible for all such costs.235
(5) Regarding all permits for which a water-measuring device is installed, regardless of236
when the permit was issued, the division shall contract for the annual reading of such237
water-measuring devices. The division shall require each contractor conducting such238
annual readings to transmit complete and accurate data required by the division to the239
division annually.240
(6) The division shall audit a subset of reported water-measuring device readings241
submitted by permittees for the purpose of understanding and improving the accuracy of242
such readings.243
(7) Employees, contractors, or agents of the division are authorized to enter upon private244
property at reasonable times and upon reasonable notice to conduct the duties of the245
division under this subsection.246
(8) The division shall contract for any maintenance, repair, or replacement of247
water-measuring devices installed pursuant to this Code section where maintenance,248
repair, or replacement is required to ensure that such water-measuring devices accurately249
reflect the amount of water used, and no charge shall be made to the permittee for such250
costs.251
(9) If the division determines that the permittee or the permittee's employees, tenants,252
licensees, or agents have willfully dismantled, sold, relocated, or removed any253
water-measuring device installed pursuant to this Code section, the permittee may be254
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subject to enforcement action by the division, including but not limited to imposition of
255
civil penalties.256
(10) Any reports of amounts of use for recreational purposes under this part shall be257
compiled separately from amounts reported for all other farm uses.258
(c) Nothing in this Code section shall be construed as a repeal or modification of Code259
Section 12-5-104."260
SECTION 3.261
All laws and parts of laws in conflict with this Act are repealed.262
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