Bill Summary for H 621 (2011-2012)

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Summary date: 

Apr 5 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 621 (Public) Filed Tuesday, April 5, 2011
TO ENHANCE THE PROTECTION OF LANDOWNERS' WATER RIGHTS, AND TO EXEMPT AGRICULTURAL PONDS FROM THE DAM SAFETY ACT.
Intro. by Gillespie, Langdon, Brisson, Hill.

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Bill summary

Identical to S 492, filed 3/31/11.

Enacts new GS 143-350.1, setting out seven principles that constitute the state's water resources policy, which shall govern administrative and judicial determinations regarding water use in the state and any political subdivision. These relate to the protection of water resources; the use of both regulatory and voluntary programs; the encouragement of conservation and efficiency, increased storage capacity, and reuse; recognition of the roles of landowners; and preservation of landowner water rights. Amends GS 143-215.22 to prohibit the state or a political subdivision from limiting a landowner's withdrawal and use of water, except as provided in Articles 21 and 38 of GS Chapter 143, when the water is from (1) a natural body of water on or abutting the landowner's property; (2) an impoundment constructed by or owned by the landowner; (3) wells constructed on the landowner's property; or (4) other natural sources of water on the landowner's property, such as captured stormwater, springs, and artesian wells. Amends GS 143-355.3, which deals with water shortage emergency powers, to provide that nothing in the section shall limit a landowner from withdrawing water from the sources listed above for use in agricultural activities (as defined in GS 106-581.1). Amends GS 143-215.25A, to exempt from the Dam Safety Law any dam constructed to provide water for agricultural use, when a person who is licensed as a professional engineer under GS Chapter 89C designed or approved plans for the dam and supervised its construction.