AN ACT TO CLARIFY LANDOWNERS' RIGHTS OVER WATER ON THEIR PROPERTY AND THE CONSTRUCTION OF WELLS ON THEIR PROPERTY. Summarized in Daily Bulletin 4/19/11, 5/3/11, and 5/12/11. Enacted June 23, 2011. Effective June 23, 2011.
Summary date: Jun 30 2011 - View summary
Summary date: May 12 2011 - View summary
Senate amendment makes the following changes to 2nd edition. Deletes proposed repeal of GS 143-355.2(a)(4) (requires that a local government’s water shortage response plan not contain any provision that meters or regulates private drinking water wells, as defined in GS 87-85). Deletes amendments to subsection (h) of GS 143-355.2 (concerning regulation of water use in wells located outside local government jurisdiction, wells not connected to public water supply, or certain private wells), and deletes similar amendments made in GS 143-355.3(b). Renumbers the remaining sections accordingly.
Summary date: May 3 2011 - View summary
Senate committee substitute makes the following changes to 1st edition. Deletes previous amendments to GS 153A-284 and 160A-317, which concerned the power of local governments to require certain water or sewer connections. Adds a section to amend GS 87-88(k) to specify that for that subsection only, “water supply well” includes wells constructed by an individual on land that is owned or leased by the individual, appurtenant to a single-family dwelling, and intended for domestic use.
Summary date: Apr 19 2011 - View summary
Current law mandates that each county, through its local health department, implement a program for the inspection, testing, and issuing of permits for private drinking water wells. Amends GS 87-97(a) to prohibit causing unduly delay or refusing to issue a permit to allow a well to be constructed or repaired and operated in compliance with the requirements and rules of Article 7 (North Carolina Well Construction Act), of GS Chapter 87. Amends GS 87-97(e) to prohibit denying a permit for a well that is in compliance with Article 7 on the basis of a local government policy that discourages or prohibits the drilling of new wells.
Repeals GS 143-355.2(a)(4), which required that a local government’s water shortage response plan not contain any provision that meters or regulates private drinking water wells, as defined in GS 87 85.
Amends subsection (h) of GS 143-355.2 to provide that this subsection, which authorizes a local government unit to impose more stringent water conservation measures than the minimum water conservation measures required under this section, is not to be construed to authorize a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well. Provides that nothing in this subsection is construed to void or alter cross-jurisdictional agreements.
Amends GS 143-355.3(b), which provides for water shortage emergency powers and duties, to clarify that in adopting rules governing the conservation and use of water within the water shortage emergency area or within the service area from which water is being diverted to address a water shortage, these conservation and diversion provisions are not to be construed as authorizing a local government unit, public water supply system, or private supply system to regulate a well located outside of its jurisdiction, a well that is not connected to its water system, or any other private well.
Amends GS 153A-284 and 160A-317 to specify that county or city may not require owner of developed property located on a water line to connect and may require the owner to connect to a sewer line only if the county or city proves that the septic system in use for the property is a threat to the public health. Allows property owners to continue to use wells for nonpotable purposes even if they have connected to a public water line.