Bill Summary for S 492 (2011-2012)

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Summary date: 

Jun 8 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 492 (Public) Filed Thursday, March 31, 2011
TO ENHANCE THE PROTECTION OF LANDOWNERS' WATER RIGHTS, AND TO EXEMPT AGRICULTURAL PONDS FROM THE DAM SAFETY ACT.
Intro. by Rouzer, Jackson, East.

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Bill summary

Senate committee substitute makes the following changes to 1st edition. Rewrites proposed GS 143-215.22(b) to remove a natural body of water abutting or located on the landowner’s property from the list of areas on which the state may not limit a landowner from withdrawing and using water. Makes similar change to proposed GS 143-355.3(f).
Rewrites GS 143-215.25A(a)(6) to exempt from certain dam safety laws dams which are less than 25 feet high (previously 15 feet) or that have an impoundment capacity of less than 50 acre-feet (previously 10 acre-feet), unless the Department determines that failure of the dam could result in loss of human life or significant damage to property below the dam. Makes this provision, along with provision from previous edition which amended GS 143-215.25A(a), apply retroactively to any dam that is subject to any enforcement action that has not been resolved as of June 1, 2011. Makes other technical and clarifying changes.