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.
PROTECT LANDOWNERS' WATER RIGHTS.
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| View NCGA Bill Details | 2011-2012 Session |
TO ENHANCE THE PROTECTION OF LANDOWNERS' WATER RIGHTS, AND TO EXEMPT AGRICULTURAL PONDS FROM THE DAM SAFETY ACT.Intro. by Rouzer, Jackson, East.
Bill History:
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Thu, 31 Mar 2011 Senate: Filed
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Mon, 4 Apr 2011 Senate: Passed 1st Reading
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Mon, 4 Apr 2011 Senate: Ref To Com On Agriculture/Environment/Natural Resources
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Wed, 8 Jun 2011 Senate: Reptd Fav Com Substitute
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Wed, 8 Jun 2011 Senate: Com Substitute Adopted
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Wed, 8 Jun 2011 Senate: Placed On Cal For 6/8/2011
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Wed, 8 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Thu, 9 Jun 2011 House: Passed 1st Reading
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Thu, 9 Jun 2011 House: Ref To Com On Agriculture
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Wed, 15 Jun 2011 House: Reptd Fav
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Wed, 15 Jun 2011 House: Cal Pursuant Rule 36(b)
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Wed, 15 Jun 2011 House: Placed On Cal For 6/15/2011
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Thu, 16 Jun 2011 House: Withdrawn From Cal
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Thu, 16 Jun 2011 House: Re-ref Com On Environment
Bill Summaries:
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Bill S 492 (2011-2012)Summary date: Jun 8 2011 - View Summary
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Bill S 492 (2011-2012)Summary date: Mar 31 2011 - View Summary
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.