| 3 | 3 | | By: Representatives Dickey of the 134 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Smith of the 70 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Yearta of the 152 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Greene of the |
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| 10 | 10 | | 154 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Cannon of the 172 |
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| 13 | 13 | | nd |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water |
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| 18 | 18 | | 1 |
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| 19 | 19 | | resources, so as to revise provisions regarding water-measuring devices for farm use of2 |
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| 20 | 20 | | surface and ground water; to provide for related matters; to repeal conflicting laws; and for3 |
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| 21 | 21 | | other purposes.4 |
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| 22 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 23 | 23 | | SECTION 1.6 |
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| 24 | 24 | | Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources,7 |
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| 25 | 25 | | is amended by revising paragraph (3) of subsection (b) and subsection (m.1) of Code8 |
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| 26 | 26 | | Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm9 |
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| 27 | 27 | | use, permits for withdrawal, diversion, or impoundment, coordination with water plans,10 |
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| 28 | 28 | | metering of farm use, interbasin transfers, and appeal procedures, as follows:11 |
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| 29 | 29 | | "(3)(A) Notwithstanding any other provision of this Code section to the contrary, a12 |
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| 30 | 30 | | permit for the withdrawal or diversion of surface waters for farm uses shall be issued13 |
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| 31 | 31 | | by the director to any person when the applicant submits an application which provides14 |
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| 32 | 32 | | reasonable proof that the applicant's farm use of surface waters occurred prior to15 |
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| 33 | 33 | | July 1, 1988, and when any such application is submitted prior to July 1, 1991. If16 |
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| 36 | 36 | | submitted prior to July 1, 1991, an application for a permit to be issued based upon |
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| 37 | 37 | | 17 |
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| 38 | 38 | | farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the18 |
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| 39 | 39 | | withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to19 |
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| 40 | 40 | | the greater of the operating capacity in place for withdrawal or diversion on20 |
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| 41 | 41 | | July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar21 |
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| 42 | 42 | | year, the greatest withdrawal or diversion capacity during the five-year period22 |
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| 43 | 43 | | immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of23 |
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| 44 | 44 | | when submitted, if it is based upon a withdrawal or diversion of surface waters for farm24 |
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| 45 | 45 | | uses occurring or proposed to occur on or after July 1, 1988, an application shall be25 |
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| 46 | 46 | | subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this26 |
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| 47 | 47 | | Code section, but a permit based upon such evaluation and classification shall be issued27 |
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| 48 | 48 | | to ensure the applicant's right to a reasonable use of such surface waters. Any permit28 |
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| 49 | 49 | | issued pursuant to this paragraph shall be conditioned upon the requirement that the29 |
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| 50 | 50 | | permittee shall provide, on forms prescribed by the director, information relating to a30 |
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| 51 | 51 | | general description of the lands and number of acres subject to irrigation and the31 |
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| 52 | 52 | | permit; a description of the general type of irrigation system used; the source of32 |
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| 53 | 53 | | withdrawal water such as river, stream, or impoundment; and pump information,33 |
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| 54 | 54 | | including rated capacity, pump location, and power information.34 |
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| 55 | 55 | | (B) Permits applied for under this paragraph on or after April 20, 2006, for farm use35 |
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| 56 | 56 | | in the Flint River basin shall have a term of 25 years and shall be automatically36 |
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| 57 | 57 | | renewed at the original permitted capacity unless an evaluation by the division indicates37 |
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| 58 | 58 | | that renewal at the original capacity would have unreasonable adverse effects upon38 |
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| 59 | 59 | | other water uses. The division may renew the original permit at a lower capacity, but39 |
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| 60 | 60 | | such capacity shall be based on the reasonable use of the permittee and evaluation of40 |
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| 61 | 61 | | the resource.41 |
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| 64 | 64 | | (C) A permittee may apply to have a permit issued under this paragraph modified, |
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| 65 | 65 | | 42 |
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| 66 | 66 | | amended, transferred, or assigned to subsequent owners of the lands which are the43 |
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| 67 | 67 | | subject of such permit; provided, however, that:44 |
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| 68 | 68 | | (i) The division shall receive written notice of any such transfer or assignment;45 |
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| 69 | 69 | | (ii) Any modification in or amendment to the use or capacity conditions contained46 |
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| 70 | 70 | | in the permit or in the lands which are the subject of such permit shall require the47 |
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| 71 | 71 | | permittee to submit an application for review and approval by the director consistent48 |
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| 72 | 72 | | with this Code section; and |
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| 73 | 73 | | 49 |
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| 74 | 74 | | (iii) The permittee may commence withdrawing water under the modified, amended,50 |
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| 75 | 75 | | transferred, or assigned permit on the effective date stated on the revised permit for51 |
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| 76 | 76 | | farm use; and52 |
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| 77 | 77 | | (iv) For all permits for which such modification, amendment, transfer, or assignment53 |
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| 78 | 78 | | is effective on or after April 20, 2018, and for which no water-measuring device is54 |
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| 79 | 79 | | installed, the permittee shall have one year from the updated effective date stated on55 |
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| 80 | 80 | | the revised permit for farm use to have an acceptable type of water-measuring device56 |
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| 81 | 81 | | installed, to have such device in operation at each point of permitted withdrawal, and57 |
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| 82 | 82 | | to notify the division in writing once the installation has occurred. The division shall58 |
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| 83 | 83 | | approve or disapprove the installation within 60 days of the date of notification. The59 |
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| 84 | 84 | | permittee shall be responsible for all associated costs.60 |
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| 85 | 85 | | (D) Nothing in this paragraph shall be construed as a repeal or modification of Code61 |
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| 86 | 86 | | Section 12-5-46."62 |
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| 87 | 87 | | "(m.1)(1) The division shall have the duty of implementing a program of measuring farm63 |
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| 88 | 88 | | uses of water in order to obtain clear and accurate information on the patterns and64 |
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| 89 | 89 | | amounts of such use, which information is essential to proper management of water65 |
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| 90 | 90 | | resources by the state and useful to farmers for improving the efficiency and effectiveness66 |
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| 91 | 91 | | of their use of water, meeting the requirements of subsections (b) and (m) of this Code67 |
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| 92 | 92 | | section, and improving water conservation.68 |
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| 95 | 95 | | (2) The division: |
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| 96 | 96 | | 69 |
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| 97 | 97 | | (A) May conduct its duties with division staff and may contract with other persons to70 |
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| 98 | 98 | | conduct any of its duties;71 |
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| 99 | 99 | | (B) May receive and use state appropriations, gifts, grants, or other sources of funding72 |
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| 100 | 100 | | to carry out its duties;73 |
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| 101 | 101 | | (C) Shall develop a priority system for the installation of devices for measurement of74 |
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| 102 | 102 | | farm uses of water at the points of those withdrawals for which a permit was issued as75 |
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| 103 | 103 | | of July 1, 2003. The division may refine the priority system from time to time based76 |
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| 104 | 104 | | on the amount of funding received by the division, considerations regarding cost77 |
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| 105 | 105 | | effectiveness, new technical information, changes in resource use or conditions, or78 |
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| 106 | 106 | | other factors as deemed relevant by the director;79 |
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| 107 | 107 | | (D) Shall, on behalf of the state, contract for the purchase and installation of that subset80 |
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| 108 | 108 | | of water-measuring devices according to the priority system required by this Code81 |
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| 109 | 109 | | section, and no charge shall be made to the permittee for such costs. However, when |
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| 110 | 110 | | 82 |
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| 111 | 111 | | the division assesses the site or attempts to install such water-measuring devices and83 |
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| 112 | 112 | | finds that the site lacks withdrawal or irrigation infrastructure, the division shall84 |
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| 113 | 113 | | document such withdrawal or irrigation infrastructure conditions and notify the85 |
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| 114 | 114 | | permittee in writing that a state funded water-measuring device or devices could not be86 |
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| 115 | 115 | | installed and that a device or devices are still required. After the expiration of five87 |
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| 116 | 116 | | years, such permittee shall be responsible for having an acceptable type of88 |
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| 117 | 117 | | water-measuring device installed and placed into operation and all associated costs. 89 |
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| 118 | 118 | | The permittee shall notify the division in writing once the installation has occurred. 90 |
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| 119 | 119 | | The division shall approve or disapprove the installation within 60 days of the date of91 |
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| 120 | 120 | | notification If no contractor is available, the division may use trained and certified staff92 |
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| 121 | 121 | | to perform installations, and no charge shall be made to the permittee for such costs;93 |
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| 122 | 122 | | (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring94 |
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| 123 | 123 | | devices installed for measuring farm use of surface water and compile the collected data95 |
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| 126 | 126 | | for use in meeting the purposes in paragraph (1) of this subsection, and the division |
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| 127 | 127 | | 96 |
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| 128 | 128 | | shall communicate in advance with private property owners to establish reasonable97 |
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| 129 | 129 | | times for such readings. In the event that a permittee's water-measuring devices are98 |
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| 130 | 130 | | selected for monthly readings, the permittee may choose to perform those readings and99 |
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| 131 | 131 | | transmit that information to the division; and100 |
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| 132 | 132 | | (F) Shall issue an annual progress report on the status of water-measuring device101 |
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| 133 | 133 | | installation.102 |
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| 134 | 134 | | (3) Any person whose permit for agricultural water use was issued before July 1, 2003,103 |
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| 135 | 135 | | and who desires to install a water-measuring device at no cost to the state may do so,104 |
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| 136 | 136 | | provided that the permittee shall have an acceptable type of water-measuring device105 |
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| 137 | 137 | | installed and placed in operation at each point of permitted withdrawal and the permittee106 |
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| 138 | 138 | | shall notify the division in writing once the installation has occurred. The division shall107 |
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| 139 | 139 | | approve or disapprove the installation within 60 days of the date of notification.108 |
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| 140 | 140 | | (4) Any person who desires to commence a farm use of water for which a permit is109 |
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| 141 | 141 | | issued after July 1, 2003, shall not commence such use prior to receiving approval from110 |
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| 142 | 142 | | the division that such person has installed an acceptable type of water-measuring device111 |
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| 143 | 143 | | installed by the commission |
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| 144 | 144 | | at each point of permitted withdrawal. The permittee shall112 |
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| 145 | 145 | | be responsible for all such costs.113 |
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| 146 | 146 | | (5) Employees, contractors, or agents of the division are authorized to enter upon private114 |
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| 147 | 147 | | property at reasonable times and upon reasonable notice to conduct the duties of the115 |
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| 148 | 148 | | division under this subsection.116 |
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| 149 | 149 | | (6) Regarding all permits for which a water-measuring device is installed, regardless of117 |
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| 150 | 150 | | when the permit was issued, the division shall contract for the annual reading of such118 |
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| 151 | 151 | | water-measuring devices. The division shall require each contractor conducting such119 |
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| 152 | 152 | | annual readings to transmit complete and accurate data required by the division to the120 |
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| 153 | 153 | | division annually.121 |
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| 156 | 156 | | (7) The division shall audit a subset of reported water-measuring device readings |
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| 157 | 157 | | 122 |
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| 158 | 158 | | submitted by permittees for the purpose of understanding and improving the accuracy of123 |
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| 159 | 159 | | such readings.124 |
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| 160 | 160 | | (8) The division shall contract for any maintenance, repair, or replacement of125 |
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| 161 | 161 | | water-measuring devices installed pursuant to this Code section where maintenance,126 |
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| 162 | 162 | | repair, or replacement is required to ensure that such water-measuring devices accurately127 |
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| 163 | 163 | | reflect the amount of water used, and no charge shall be made to the permittee for such128 |
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| 164 | 164 | | costs. The division shall also have the authority to undertake repairs or replacements of |
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| 165 | 165 | | 129 |
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| 166 | 166 | | water-measuring devices when such repairs or replacements are necessary to maintain130 |
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| 167 | 167 | | compliance with water use regulations, and no charge shall be made to the permittee for131 |
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| 168 | 168 | | such costs.132 |
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| 169 | 169 | | (9) If the division determines that the permittee or the permittee's employees, tenants,133 |
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| 170 | 170 | | licensees, or agents have willfully dismantled, sold, relocated, or removed any134 |
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| 171 | 171 | | water-measuring device installed pursuant to this Code section, the permittee may be135 |
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| 172 | 172 | | subject to enforcement action by the division, including but not limited to imposition of136 |
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| 173 | 173 | | civil penalties.137 |
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| 174 | 174 | | (10) Any reports of amounts of use for recreational purposes under this Code section138 |
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| 175 | 175 | | shall be compiled separately from amounts reported for all other farm uses."139 |
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| 176 | 176 | | SECTION 2.140 |
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| 177 | 177 | | Said chapter is further amended by revising subsections (b) and (b.1) of Code141 |
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| 178 | 178 | | Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits142 |
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| 179 | 179 | | to withdraw, obtain, or utilize, metering, and related procedures, as follows:143 |
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| 180 | 180 | | "(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the144 |
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| 181 | 181 | | contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term145 |
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| 182 | 182 | | is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or146 |
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| 183 | 183 | | under subsection (a) of this Code section, shall be governed as follows:147 |
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| 186 | 186 | | (1) Permits applied for under this Code section on or after April 20, 2006, for farm use |
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| 187 | 187 | | 148 |
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| 188 | 188 | | within the Flint River basin shall have a term of 25 years and shall be automatically149 |
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| 189 | 189 | | renewed at the original permitted capacity unless an evaluation by the division indicates150 |
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| 190 | 190 | | that renewal at the original capacity would have unreasonable adverse effects upon other151 |
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| 191 | 191 | | water uses. The division may renew the original permit at a lower capacity, but such152 |
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| 192 | 192 | | capacity shall be based on the reasonable use of the permittee and evaluation of the153 |
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| 193 | 193 | | resource;154 |
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| 194 | 194 | | (2) A permittee may apply to have a permit issued under this Code section modified,155 |
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| 195 | 195 | | amended, transferred, or assigned to subsequent owners of the lands which are the subject156 |
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| 196 | 196 | | of such permit; provided, however, that:157 |
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| 197 | 197 | | (A) The division shall receive written notice of any such transfer or assignment;158 |
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| 198 | 198 | | (B) Any modification in or amendment to the use or capacity conditions contained in159 |
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| 199 | 199 | | the permit or in the lands which are the subject of such permit shall require the160 |
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| 200 | 200 | | permittee to submit an application for review and approval by the director consistent161 |
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| 201 | 201 | | with the requirements of this part; and |
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| 202 | 202 | | 162 |
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| 203 | 203 | | (C) The permittee may commence withdrawing water under the modified, amended,163 |
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| 204 | 204 | | transferred, or assigned permit on the effective date stated on the revised permit for164 |
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| 205 | 205 | | farm use; and165 |
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| 206 | 206 | | (D) For all permits for which such modification, amendment, transfer, or assignment166 |
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| 207 | 207 | | is effective on or after April 20, 2018, and for which no water-measuring device is167 |
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| 208 | 208 | | installed, the permittee shall have one year from the updated effective date stated on the168 |
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| 209 | 209 | | revised permit for farm use to have an acceptable type of water-measuring device169 |
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| 210 | 210 | | installed, to have such device in operation at each point of permitted withdrawal, and170 |
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| 211 | 211 | | to notify the division in writing once the installation has occurred. The division shall171 |
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| 212 | 212 | | approve or disapprove the installation within 60 days of the date of notification. The172 |
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| 213 | 213 | | permittee shall be responsible for all associated costs;173 |
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| 216 | 216 | | (3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole |
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| 217 | 217 | | 174 |
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| 218 | 218 | | or in part, for nonuse; except that the director may permanently revoke any permit under175 |
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| 219 | 219 | | this Code section for farm use within the Flint River Basin applied for on or after176 |
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| 220 | 220 | | April 20, 2006, if initial use for the purpose indicated on the permit application, as177 |
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| 221 | 221 | | measured by a flow meter approved by the division has not commenced within two years178 |
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| 222 | 222 | | of the date of issuance of the permit unless the permittee can reasonably demonstrate that179 |
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| 223 | 223 | | his or her nonuse was due to financial hardship or circumstances beyond his or her180 |
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| 224 | 224 | | control;181 |
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| 225 | 225 | | (4) The director may suspend or modify a permit for farm use if he or she should182 |
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| 226 | 226 | | determine through inspection, investigations, or otherwise that the quantity of water183 |
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| 227 | 227 | | allowed would prevent other applicants from reasonable use of ground water beneath184 |
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| 228 | 228 | | their property for farm use;185 |
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| 229 | 229 | | (5) During emergency periods of water shortage, the director shall give first priority to186 |
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| 230 | 230 | | providing water for human consumption and second priority to farm use; and187 |
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| 231 | 231 | | (6) The importance and necessity of water for industrial purposes are in no way modified188 |
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| 232 | 232 | | or diminished by this Code section.189 |
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| 233 | 233 | | (b.1)(1) The division shall have the duty of implementing a program of measuring farm190 |
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| 234 | 234 | | uses of water in order to obtain clear and accurate information on the patterns and191 |
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| 235 | 235 | | amounts of such use, which information is essential to proper management of water192 |
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| 236 | 236 | | resources by the state and useful to farmers for improving the efficiency and effectiveness193 |
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| 237 | 237 | | of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code194 |
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| 238 | 238 | | section, and improving water conservation.195 |
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| 239 | 239 | | (2) The division:196 |
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| 240 | 240 | | (A) May conduct its duties with division staff and may contract with other persons to197 |
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| 241 | 241 | | conduct any of its duties;198 |
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| 242 | 242 | | (B) May receive and use state appropriations, gifts, grants, or other sources of funding199 |
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| 243 | 243 | | to carry out its duties;200 |
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| 246 | 246 | | (C) Shall develop a priority system for the installation of devices for measurement of |
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| 247 | 247 | | 201 |
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| 248 | 248 | | farm uses of water at the points of those withdrawals for which a permit was issued as202 |
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| 249 | 249 | | of July 1, 2003. The division may refine the priority system from time to time based203 |
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| 250 | 250 | | on the amount of funding received by the division, considerations regarding cost204 |
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| 251 | 251 | | effectiveness, new technical information, changes in resource use or conditions, or205 |
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| 252 | 252 | | other factors as deemed relevant by the director;206 |
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| 253 | 253 | | (D) Shall, on behalf of the state, contract for the purchase and installation of that subset207 |
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| 254 | 254 | | of water-measuring devices according to the priority system required by this Code208 |
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| 255 | 255 | | section, and no charge shall be made to the permittee for such costs. However, when |
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| 256 | 256 | | 209 |
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| 257 | 257 | | the division assesses the site or attempts to install such water-measuring devices and210 |
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| 258 | 258 | | finds that the site lacks the withdrawal or irrigation infrastructure, the division shall211 |
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| 259 | 259 | | document such withdrawal or irrigation infrastructure conditions and notify the212 |
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| 260 | 260 | | permittee in writing that a state funded water-measuring device or devices could not be213 |
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| 261 | 261 | | installed and that a device or devices are still required. After the expiration of five214 |
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| 262 | 262 | | years, such permittee shall be responsible for having an acceptable type of215 |
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| 263 | 263 | | water-measuring device installed and placed into operation and all associated costs. 216 |
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| 264 | 264 | | The permittee shall notify the division in writing once the installation has occurred. 217 |
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| 265 | 265 | | The division shall approve or disapprove the installation within 60 days of the date of218 |
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| 266 | 266 | | notification If no contractor is available, the division may use trained and certified staff219 |
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| 267 | 267 | | to perform installations, and no charge shall be made to the permittee for such costs;220 |
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| 268 | 268 | | (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring221 |
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| 269 | 269 | | devices installed for measuring farm use of ground water and compile the collected data222 |
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| 270 | 270 | | for use in meeting the purposes in paragraph (1) of this Code section, and the division223 |
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| 271 | 271 | | shall communicate in advance with private property owners to establish reasonable224 |
|---|
| 272 | 272 | | times for such readings. In the event that a permittee's water-measuring devices are225 |
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| 273 | 273 | | selected for monthly readings, the permittee may choose to perform those readings and226 |
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| 274 | 274 | | transmit that information to the division; and227 |
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| 277 | 277 | | (F) Shall issue an annual progress report on the status of water-measuring device |
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| 278 | 278 | | 228 |
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| 279 | 279 | | installation.229 |
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| 280 | 280 | | (3) Any person whose permit for agricultural water use was issued before July 1, 2003,230 |
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| 281 | 281 | | and who desires to install a water-measuring device at no cost to the state may do so,231 |
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| 282 | 282 | | provided that the permittee shall have an acceptable type of water-measuring device232 |
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| 283 | 283 | | installed and placed in operation at each point of permitted withdrawal and the permittee233 |
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| 284 | 284 | | shall notify the division in writing once the installation has occurred. The division shall234 |
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| 285 | 285 | | approve or disapprove the installation within 60 days of the date of notification.235 |
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| 286 | 286 | | (4) Any person who desires to commence a farm use of water for which a permit is236 |
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| 287 | 287 | | issued after July 1, 2003, shall not commence such use prior to receiving approval from237 |
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| 288 | 288 | | the division that such person has installed an acceptable type of water-measuring device238 |
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| 289 | 289 | | installed by the commission at each point of permitted withdrawal. The permittee shall239 |
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| 290 | 290 | | be responsible for all such costs.240 |
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| 291 | 291 | | (5) Regarding all permits for which a water-measuring device is installed, regardless of241 |
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| 292 | 292 | | when the permit was issued, the division shall contract for the annual reading of such242 |
|---|
| 293 | 293 | | water-measuring devices. The division shall require each contractor conducting such243 |
|---|
| 294 | 294 | | annual readings to transmit complete and accurate data required by the division to the244 |
|---|
| 295 | 295 | | division annually.245 |
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| 296 | 296 | | (6) The division shall audit a subset of reported water-measuring device readings246 |
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| 297 | 297 | | submitted by permittees for the purpose of understanding and improving the accuracy of247 |
|---|
| 298 | 298 | | such readings.248 |
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| 299 | 299 | | (7) Employees, contractors, or agents of the division are authorized to enter upon private249 |
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| 300 | 300 | | property at reasonable times and upon reasonable notice to conduct the duties of the250 |
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| 301 | 301 | | division under this subsection.251 |
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| 302 | 302 | | (8) The division shall contract for any maintenance, repair, or replacement of252 |
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| 303 | 303 | | water-measuring devices installed pursuant to this Code section where maintenance,253 |
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| 304 | 304 | | repair, or replacement is required to ensure that such water-measuring devices accurately254 |
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| 307 | 307 | | reflect the amount of water used, and no charge shall be made to the permittee for such |
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| 308 | 308 | | 255 |
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| 309 | 309 | | costs. The division shall also have the authority to undertake repairs or replacements of |
|---|
| 310 | 310 | | 256 |
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| 311 | 311 | | water-measuring devices when such repairs or replacements are necessary to maintain257 |
|---|
| 312 | 312 | | compliance with water use regulations, and no charge shall be made to the permittee for258 |
|---|
| 313 | 313 | | such costs.259 |
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| 314 | 314 | | (9) If the division determines that the permittee or the permittee's employees, tenants,260 |
|---|
| 315 | 315 | | licensees, or agents have willfully dismantled, sold, relocated, or removed any261 |
|---|
| 316 | 316 | | water-measuring device installed pursuant to this Code section, the permittee may be262 |
|---|
| 317 | 317 | | subject to enforcement action by the division, including but not limited to imposition of263 |
|---|
| 318 | 318 | | civil penalties.264 |
|---|
| 319 | 319 | | (10) Any reports of amounts of use for recreational purposes under this part shall be265 |
|---|
| 320 | 320 | | compiled separately from amounts reported for all other farm uses.266 |
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| 321 | 321 | | (c) Nothing in this Code section shall be construed as a repeal or modification of Code267 |
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| 322 | 322 | | Section 12-5-104."268 |
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| 323 | 323 | | SECTION 3.269 |
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| 324 | 324 | | All laws and parts of laws in conflict with this Act are repealed.270 |
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