25 LC 44 3002S
House Bill 143 (COMMITTEE SUBSTITUTE)
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 to15
July 1, 1988, and when any such application is submitted prior to July 1, 1991. If16
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submitted prior to July 1, 1991, an application for a permit to be issued based upon
17
farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the18
withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to19
the greater of the operating capacity in place for withdrawal or diversion on20
July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar21
year, the greatest withdrawal or diversion capacity during the five-year period22
immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of23
when submitted, if it is based upon a withdrawal or diversion of surface waters for farm24
uses occurring or proposed to occur on or after July 1, 1988, an application shall be25
subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this26
Code section, but a permit based upon such evaluation and classification shall be issued27
to ensure the applicant's right to a reasonable use of such surface waters. Any permit28
issued pursuant to this paragraph shall be conditioned upon the requirement that the29
permittee shall provide, on forms prescribed by the director, information relating to a30
general description of the lands and number of acres subject to irrigation and the31
permit; a description of the general type of irrigation system used; the source of32
withdrawal water such as river, stream, or impoundment; and pump information,33
including rated capacity, 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 If no contractor is available, the division may use trained and certified staff92
to perform installations, and no charge shall be made to the permittee for such costs;93
(E) Shall, at monthly intervals, read an appropriate proportion of water-measuring94
devices installed for measuring farm use of surface water and compile the collected data95
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for use in meeting the purposes in paragraph (1) of this subsection, and the division
96
shall communicate in advance with private property owners to establish reasonable97
times for such readings. In the event that a permittee's water-measuring devices are98
selected for monthly readings, the permittee may choose to perform those readings and99
transmit that information to the division; and100
(F) Shall issue an annual progress report on the status of water-measuring device101
installation.102
(3) Any person whose permit for agricultural water use was issued before July 1, 2003,103
and who desires to install a water-measuring device at no cost to the state may do so,104
provided that the permittee shall have an acceptable type of water-measuring device105
installed and placed in operation at each point of permitted withdrawal and the permittee106
shall notify the division in writing once the installation has occurred. The division shall107
approve or disapprove the installation within 60 days of the date of notification.108
(4) Any person who desires to commence a farm use of water for which a permit is109
issued after July 1, 2003, shall not commence such use prior to receiving approval from110
the division that such person has installed an acceptable type of water-measuring device111
installed by the commission
at each point of permitted withdrawal. The permittee shall112
be responsible for all such costs.113
(5) Employees, contractors, or agents of the division are authorized to enter upon private114
property at reasonable times and upon reasonable notice to conduct the duties of the115
division under this subsection.116
(6) Regarding all permits for which a water-measuring device is installed, regardless of117
when the permit was issued, the division shall contract for the annual reading of such118
water-measuring devices. The division shall require each contractor conducting such119
annual readings to transmit complete and accurate data required by the division to the120
division annually.121
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(7) The division shall audit a subset of reported water-measuring device readings
122
submitted by permittees for the purpose of understanding and improving the accuracy of123
such readings.124
(8) The division shall contract for any maintenance, repair, or replacement of125
water-measuring devices installed pursuant to this Code section where maintenance,126
repair, or replacement is required to ensure that such water-measuring devices accurately127
reflect the amount of water used, and no charge shall be made to the permittee for such128
costs. The division shall also have the authority to undertake repairs or replacements of
129
water-measuring devices when such repairs or replacements are necessary to maintain130
compliance with water use regulations, and no charge shall be made to the permittee for131
such costs.132
(9) If the division determines that the permittee or the permittee's employees, tenants,133
licensees, or agents have willfully dismantled, sold, relocated, or removed any134
water-measuring device installed pursuant to this Code section, the permittee may be135
subject to enforcement action by the division, including but not limited to imposition of136
civil penalties.137
(10) Any reports of amounts of use for recreational purposes under this Code section138
shall be compiled separately from amounts reported for all other farm uses."139
SECTION 2.140
Said chapter is further amended by revising subsections (b) and (b.1) of Code141
Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits142
to withdraw, obtain, or utilize, metering, and related procedures, as follows:143
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the144
contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term145
is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or146
under subsection (a) of this Code section, shall be governed as follows:147
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(1) Permits applied for under this Code section on or after April 20, 2006, for farm use
148
within the Flint River basin shall have a term of 25 years and shall be automatically149
renewed at the original permitted capacity unless an evaluation by the division indicates150
that renewal at the original capacity would have unreasonable adverse effects upon other151
water uses. The division may renew the original permit at a lower capacity, but such152
capacity shall be based on the reasonable use of the permittee and evaluation of the153
resource;154
(2) A permittee may apply to have a permit issued under this Code section modified,155
amended, transferred, or assigned to subsequent owners of the lands which are the subject156
of such permit; provided, however, that:157
(A) The division shall receive written notice of any such transfer or assignment;158
(B) Any modification in or amendment to the use or capacity conditions contained in159
the permit or in the lands which are the subject of such permit shall require the160
permittee to submit an application for review and approval by the director consistent161
with the requirements of this part; and
162
(C) The permittee may commence withdrawing water under the modified, amended,163
transferred, or assigned permit on the effective date stated on the revised permit for164
farm use; and165
(D) For all permits for which such modification, amendment, transfer, or assignment166
is effective on or after April 20, 2018, and for which no water-measuring device is167
installed, the permittee shall have one year from the updated effective date stated on the168
revised permit for farm use to have an acceptable type of water-measuring device169
installed, to have such device in operation at each point of permitted withdrawal, and170
to notify the division in writing once the installation has occurred. The division shall171
approve or disapprove the installation within 60 days of the date of notification. The172
permittee shall be responsible for all associated costs;173
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(3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole
174
or in part, for nonuse; except that the director may permanently revoke any permit under175
this Code section for farm use within the Flint River Basin applied for on or after176
April 20, 2006, if initial use for the purpose indicated on the permit application, as177
measured by a flow meter approved by the division has not commenced within two years178
of the date of issuance of the permit unless the permittee can reasonably demonstrate that179
his or her nonuse was due to financial hardship or circumstances beyond his or her180
control;181
(4) The director may suspend or modify a permit for farm use if he or she should182
determine through inspection, investigations, or otherwise that the quantity of water183
allowed would prevent other applicants from reasonable use of ground water beneath184
their property for farm use;185
(5) During emergency periods of water shortage, the director shall give first priority to186
providing water for human consumption and second priority to farm use; and187
(6) The importance and necessity of water for industrial purposes are in no way modified188
or diminished by this Code section.189
(b.1)(1) The division shall have the duty of implementing a program of measuring farm190
uses of water in order to obtain clear and accurate information on the patterns and191
amounts of such use, which information is essential to proper management of water192
resources by the state and useful to farmers for improving the efficiency and effectiveness193
of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code194
section, and improving water conservation.195
(2) The division:196
(A) May conduct its duties with division staff and may contract with other persons to197
conduct any of its duties;198
(B) May receive and use state appropriations, gifts, grants, or other sources of funding199
to carry out its duties;200
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(C) Shall develop a priority system for the installation of devices for measurement of
201
farm uses of water at the points of those withdrawals for which a permit was issued as202
of July 1, 2003. The division may refine the priority system from time to time based203
on the amount of funding received by the division, considerations regarding cost204
effectiveness, new technical information, changes in resource use or conditions, or205
other factors as deemed relevant by the director;206
(D) Shall, on behalf of the state, contract for the purchase and installation of that subset207
of water-measuring devices according to the priority system required by this Code208
section, and no charge shall be made to the permittee for such costs. However, when
209
the division assesses the site or attempts to install such water-measuring devices and210
finds that the site lacks the withdrawal or irrigation infrastructure, the division shall211
document such withdrawal or irrigation infrastructure conditions and notify the212
permittee in writing that a state funded water-measuring device or devices could not be213
installed and that a device or devices are still required. After the expiration of five214
years, such permittee shall be responsible for having an acceptable type of215
water-measuring device installed and placed into operation and all associated costs. 216
The permittee shall notify the division in writing once the installation has occurred. 217
The division shall approve or disapprove the installation within 60 days of the date of218
notification If no contractor is available, the division may use trained and certified staff219
to perform installations, and no charge shall be made to the permittee for such costs;220
(E) Shall, at monthly intervals, read an appropriate proportion of water-measuring221
devices installed for measuring farm use of ground water and compile the collected data222
for use in meeting the purposes in paragraph (1) of this Code section, and the division223
shall communicate in advance with private property owners to establish reasonable224
times for such readings. In the event that a permittee's water-measuring devices are225
selected for monthly readings, the permittee may choose to perform those readings and226
transmit that information to the division; and227
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(F) Shall issue an annual progress report on the status of water-measuring device
228
installation.229
(3) Any person whose permit for agricultural water use was issued before July 1, 2003,230
and who desires to install a water-measuring device at no cost to the state may do so,231
provided that the permittee shall have an acceptable type of water-measuring device232
installed and placed in operation at each point of permitted withdrawal and the permittee233
shall notify the division in writing once the installation has occurred. The division shall234
approve or disapprove the installation within 60 days of the date of notification.235
(4) Any person who desires to commence a farm use of water for which a permit is236
issued after July 1, 2003, shall not commence such use prior to receiving approval from237
the division that such person has installed an acceptable type of water-measuring device238
installed by the commission at each point of permitted withdrawal. The permittee shall239
be responsible for all such costs.240
(5) Regarding all permits for which a water-measuring device is installed, regardless of241
when the permit was issued, the division shall contract for the annual reading of such242
water-measuring devices. The division shall require each contractor conducting such243
annual readings to transmit complete and accurate data required by the division to the244
division annually.245
(6) The division shall audit a subset of reported water-measuring device readings246
submitted by permittees for the purpose of understanding and improving the accuracy of247
such readings.248
(7) Employees, contractors, or agents of the division are authorized to enter upon private249
property at reasonable times and upon reasonable notice to conduct the duties of the250
division under this subsection.251
(8) The division shall contract for any maintenance, repair, or replacement of252
water-measuring devices installed pursuant to this Code section where maintenance,253
repair, or replacement is required to ensure that such water-measuring devices accurately254
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reflect the amount of water used, and no charge shall be made to the permittee for such
255
costs. The division shall also have the authority to undertake repairs or replacements of
256
water-measuring devices when such repairs or replacements are necessary to maintain257
compliance with water use regulations, and no charge shall be made to the permittee for258
such costs.259
(9) If the division determines that the permittee or the permittee's employees, tenants,260
licensees, or agents have willfully dismantled, sold, relocated, or removed any261
water-measuring device installed pursuant to this Code section, the permittee may be262
subject to enforcement action by the division, including but not limited to imposition of263
civil penalties.264
(10) Any reports of amounts of use for recreational purposes under this part shall be265
compiled separately from amounts reported for all other farm uses.266
(c) Nothing in this Code section shall be construed as a repeal or modification of Code267
Section 12-5-104."268
SECTION 3.269
All laws and parts of laws in conflict with this Act are repealed.270
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